NYSACRA

February 23, 2005 PART III

NYS - OPTS UPDATE FEBRUARY 23, 2005 NYS OPTIONS FOR PEOPLE THROUGH SERVICES February 23, 2005 News from the OPTS Admin Unit (#2-2005) 1. OPTS Questions 2. Proposal Status Report as of 2/22/05 3. “Agency” Name - Part I: Identifying Information of NYS OPTS Application 4. Office of State Comptroller (OSC) Vendor Responsibility 5. OSC Sales and Compensating Use Tax Documentation (Contractor Certification, form ST-220) 6. Service Coordinator Training 7. OPTS Service Type Descriptions 8. Brief Summary of Approved Proposals with OPTS Agreement (approved or in process) or Agreed Upon Implementation Date 9. Items to be Included in the Next Update 10. Information Sharing 11. Why You May Receive Multiple Copies of this Message 1. OPTS Questions The phone number for the OPTS Admin Unit is (518) 408-2744. E-mail addresses are: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it OPTS questions can be sent via e-mail to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Questions of general interest will be included in a “Frequently Asked Questions” listing that is being compiled. OPTS proposals must be submitted electronically through the OMRDD Secure Message Center to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it 2. Proposal Status Report as of February 22, 2005 Proposals Received 116 Proposals Complete 93 a Health Checks Complete 82 Consumer Verifications Complete 57 b Team Review Meetings Held/Scheduled 56 c Awaiting Scheduling of Team Review Meeting 1 Recommended for Approval, Awaiting Approval 3 Proposals Approved 8 Implemented 1 NYS OPTS Payment for Services 1 Number of DDSOs impacted by Proposals 13 Number of Proposals “On Hold” 9 d Number of Proposals “Not OPTS” 23 e a – Contact telephone numbers are now required as part of the OPTS Application. View the revised OPTS Application, including the Budget and Roster (Microsoft Excel document) through the OMRDD Home Page, Information for Providers, Options for People Through Services. Proposals may be incomplete for reasons other than, or in addition to, missing contact telephone numbers. b – Several proposals have “completed” the consumer verification step, but have been put “on hold” due to insufficient participation by the consumers, families and/or advocates. c – Several proposals have been reviewed twice, the initial review and then upon receipt of supplemental information from the non-profit provider. d – If a non-profit provider submits a number of proposals, they may be asked to prioritize their submittals, this category would then include the proposals non-profit providers designated as a low priority. e – Proposals determined to be “Not OPTS” are either services that OMRDD is not authorized to provide, have already been approved for implementation outside of OPTS, or the non-profit provider has withdrawn the proposal. 3. “Agency” Name - Part I: Identifying Information of NYS OPTS Application The “Agency” name provided in Part I: Identifying Information of the NYS OPTS Application should be the current legal name of the agency. The legal name will be identified in the OPTS Agreement if the OPTS proposal is approved for implementation. If your agency commonly uses a “doing business as” name, you may provide this, but it must be identified as a “doing business as” (d/b/a) name and be provided in parenthesis after the legal corporate name. If you have submitted an OPTS proposal, and the “Agency” identified on Part I was not the current legal name of the agency, please send an e-mail message, identifying the “Agency” name that was identified in Part I and the “Agency” which should have been identified in Part I, to – This e-mail address is being protected from spam bots, you need JavaScript enabled to view it 4. OSC Vendor Responsibility All parties who have submitted a NYS OPTS proposal, or are considering submitting a NYS OPTS proposal, are advised of the following: State agencies are required under Article XI, Section 163(3)(a)(ii) of New York State Finance Law to ensure that contracts are awarded to “responsive and responsible vendors”. Such requirements include, but are not limited to, the offerer’s qualifications, financial stability, integrity, and legal authority to conduct business in New York State. A two-page “Vendor Responsibility Questionnaire” will be required submission for all vendors contracting with the OMRDD for procurement of goods and/or services valued at $100,000 and over during term of the contract period. A finding of non-responsibility on the part of a contractor may be cause for not entering into a contract or terminating an existing contract. The Vendor Responsibility initiative of the New York State Office of the State Comptroller (OSC) requires that a “Vendor Responsibility Questionnaire” and “Vendor Responsibility Profile” accompany each contract submitted to OSC after January 1, 2005, if the contract has a value of $100,000 or more over the contract term. The OPTS Agreement is considered a contract. The OPTS Agreement is initially written for a term of five years, so the total five year value of the contract is compared to the $100,000 criteria. Initially each non-profit provider must complete one “Vendor Responsibility Questionnaire” (NOT FOR PROFIT ORGANIZATION version) for OMRDD. The original of the “Vendor Responsibility Questionnaire” will be submitted to OSC with the non-profit provider’s contract. There is a separate, FOR PROFIT ORGANIZATION version of the “Vendor Responsibility Questionnaire” that is NOT used for OPTS proposals. The OPTS Admin Unit will: a. Send the “Vendor Responsibility Questionnaire” to the non-profit provider for completion after approval of the OPTS proposal. b. The non-profit provider is required to complete the “Vendor Responsibility Questionnaire” (retain a copy) and submit the original to the OPTS Admin Unit. Failure to complete this step or a finding of non-responsibility will hold up the execution of an OPTS Agreement. c. Upon receipt of a responsible “Vendor Responsibility Questionnaire,” the OPTS Admin Unit forwards a copy of the completed Questionnaire to the appropriate DDSO/NYCRO. d. The DDSO/NYCRO is responsible for completion of the “Vendor Responsibility Profile” and transmittal of the Profile to the OPTS Admin Unit. e. The OPTS Admin Unit will be responsible for ensuring that the “Vendor Responsibility Questionnaire” and “Vendor Responsibility Profile” accompany the OPTS Agreement to OSC. Note: If a non-profit provider has previously completed, within the previous six month period, the “Vendor Responsibility Questionnaire” for OMRDD, and there are no substantial changes to report, the non-profit provider can complete the Affidavit of No Change, and return it along with a copy of the previously completed “Vendor Responsibility Questionnaire” to the OPTS Admin Unit. Appendix A: Supplement to the OPTS Agreement has been updated to include item #15 which states “A determination of vendor non-responsibility may be cause for termination of the contract”. 5. OSC Sales and Compensating Use Tax Documentation (Contractor Certification, form ST-220) Tax Law Section 5-a, added to the Tax Law under Part N of Chapter 60 of the Laws of 2004 imposes upon certain contractors the obligation to certify whether or not the contractor, its affiliates, its subcontractors and affiliates of the subcontracts are required to register to collect state sales and compensating use tax. The New York State Office of the State Comptroller (OSC) has specified the documentation contractors must use to satisfy Tax Law Section 5-a – Form St-220, Contractor Certification. Tax Law Section 5-a applies to all contracts in excess of $15,000 for the sale of goods or services. The Law impacts procurements initiated on or after January 1, 2005. For OPTS, all OPTS Agreements initiated after January 1, 2005 will be considered procurements initiated on or after January 1, 2005. The Contractor Certification, form St-220, will be transmitted to a non-profit provider for completion when the OPTS Agreement is transmitted for signature. The completed Contractor Certification must be returned to the OPTS Admin Unit with the signed OPTS Agreement, or the OPTS Agreement cannot be submitted to OSC for approval. The Contractor Certification must be completed for each OPTS Agreement since it references a specific contract. Since, the OPTS Agreement is considered a multi-year contract, annual certification by the non-profit provider will not be required. 6. Service Coordinator Training On February 15th, the OPTS Admin Unit participated in MSC Supervisors training. An overview of the NYS OPTS Initiative was presented with a description of the components of an OPTS proposal and the review process. Training sessions on the NYS OPTS Initiative, for Service Coordinators will be offered March 22nd, May 18th and July 13th through the OMRDD Catalog of Training and Development Programs. 7. OPTS Service Type Descriptions The Budget Template part of the OPTS Application shows a number of OPTS Service Types by name and “code” which is to be entered in the “Program Type Code” field of the form. Listed below is a brief definition of each OPTS Service Type as used within the NYS OPTS Initiative. The Budget Template HAS NOT yet been updated to reflect OPTS Service Types 18 and 19 since the definition for these services have recently been agreed upon. DEFINITION OF NYS OPTS SERVICE TYPES 1. Supervised IRA with Residential Habilitation (Res Hab): Certified homes for 1-14 persons that provide room, board and individualized protective oversight. Staff onsite or proximately available at all times when the persons are present. HCBS Residential Habilitation is provided in a supervised IRA. 2. Supportive IRA with Residential Habilitation (Res Hab): Certified homes for 1-14 persons that provide room, board and individualized protective oversight, where independent living under variable amounts of oversight is delivered in accordance with the person’s needs for such supervision. Staff typically not onsite nor proximately available at all times when the persons are present. HCBS Residential Habilitation is provided in a supportive IRA. Under NYS OPTS, an IRA with Residential Habilitation may be either supervised or supportive, but not both concurrently. 3. Comprehensive Residential Habilitation (Res Hab)/supervised IRA: Like HCBS Residential Habilitation in a supervised IRA, except at least one person living in the home receives day services that are based from the home. 4. Comprehensive Residential Habilitation (Res Hab)/supportive IRA: Like HCBS Residential Habilitation in a supportive IRA, except at least one person living in the home receives day services that are based from the home. Under NYS OPTS, a residence may have HCBS Residential Habilitation and Comprehensive Residential Habilitation authorized concurrently. The combination of HCBS Res Hab and Comprehensive Res Hab can only occur for residences with at least two persons and at least one person receives day services based from the home and at least one other individual receives day services based outside the home. 5. Group Day Habilitation: Services, provided to two or more OPTS enrolled persons, aimed primarily at developing those activities and skills outside of a person’s home that assist him/her in developing a full life in his/her community. Services are delivered on weekdays with a service start time prior to 3:00 p.m. 6. Individual Day Habilitation: Services, provided to only one OPTS enrolled person, aimed primarily at developing those activities and skills outside of a person’s home that assist him/her in developing a full life in his/her community. Services typically occur in a variety of community settings where the consumer engages is local community life based on his or her interests and values. One-on-one staff support is provided during these community experiences. 7. Pre-vocational: Services aimed at preparing an individual for paid or unpaid employment, but which are not job task oriented. Services include support and training in behaviors related to following directions, attending to task, task completion, problem solving and safety and/or may also focus on assisting the person to adjust to the productive and social demands of the work place. 8. Blended Day Service (Day Hab/Pre-voc): Services, on any given day, may meet those defined as Group Day Habilitation, Pre-vocational, or both. The expectation is that persons are in need of both Group Day Habilitation and Pre-vocational, and the services delivered on a daily basis can vary between these two previously defined services. 9. At Home Residential Habilitation (Res Hab): Habilitation services for people who do not live in a certified setting. At Home Res Hab is either delivered at the person’s home, or initiated or concluded at the home. Respite: This is an “indirect” service that provides temporary, intermittent relief for the primary caregivers who are responsible for the care and support of the consumer. 10. Hourly Respite: Respite service (see above), provided in the person’s home or in any setting that is operated, certified or approved by OMRDD, but not provided in a Free Standing Respite Center (see below). 11. Free Standing Respite: Respite services (see above), delivered in a location that OMRDD recognizes as a Free Standing Respite Center. When this service is delivered to individuals who are consumers living in a family care home, the Family Care provider will reimburse the Free Standing Respite provider for the service. 12. Monthly Supported Employment (SEMP): Ongoing supports to obtain and sustain paid competitive work. The consumer’s job must be in an integrated setting that provides opportunities for regular interactions with individuals who do not have disabilities and are not paid caregivers. 13. Family Care: Licensed residential program providing a family living experience through a structured and stable home environment, including the support, guidance and companionship found within a family unit. Family Care providers are homeowners who receive a stipend to provide Residential Habilitation services within their home. 14. ICF/DD: A certified residential treatment option in the community for persons with specified medical, adaptive, and/or behavioral needs. ICFs provide 24-hour on-site assistance and training, intensive clinical and direct care services, professionally developed and supervised activities, and a variety of therapies. ICFs are designed for individuals whose disability severely limits their ability to be independent. 15. Day Treatment: A certified facility that provides a planned combination of diagnostic treatment, and habilitation services to persons in need of a broad range of clinically supported and structured habilitation services. Also focuses on providing community experience, but the service day is begun and concluded at the day treatment center. 16. Supervised CR Residential Habilitation (Res Hab): Residential Habilitation services are provided to consumers who live in Supervised CRs where staff are onsite or proximately available at all times when consumers are present. 17. Supportive CR Residential Habilitation (Res Hab): Residential Habilitation services are provided to a maximum of 3 consumers who live in a Supportive CR where staff provide practice in independent living under variable amounts of oversight delivered in accordance with the individual’s need for such supervision. 18. Supplemental Day Habilitation: Services, provided to two or more OPTS enrolled persons, aimed primarily at developing those activities and skills outside of a person’s home that assist him/her in developing a full life in his/her community. Services are delivered either on weekends, or on weekdays with a service start time at 3:00 p.m. or later. When this service is delivered to individuals who are residents of an ICF/DD, supervised IRA or supervised CR, the residential provider will reimburse the Supplemental Day provider for the service. 19. Blended Employment Services: Services, on any given day, may meet those defined as Group Day Habilitation, Pre-vocational, Supported Employment, or any combination of two or more of these service types. The expectation is that persons are in need of Group Day Habilitation and/or Pre-vocational, and will obtain or be maintained in a compensated employment setting. Services delivered on a daily basis can vary between these three previously defined services. Under NYS OPTS Services, the SEMP portion of this service is only recognized on days when face-to-face services are provided. 20. OTHER: Service/supports not described above. 8. Brief Description of Approved Proposals with OPTS Agreement (approved or in process) or Agreed Upon Implementation Date OPTS #47 for 5 Individuals Implemented – January 3, 2005 (OPTS Agreement effective 1/1/2005) OPTS Service(s) = Blended Day Service Individuals who recently graduated from school, or were nearing graduation when the OPTS proposal was prepared, are the focus of this pilot. Their demonstrated ability to succeed in vocational skills had not continued, or was expected not to continue, once the individuals left school and no longer received supports the school provided. This proposal recognizes that some individuals who have left school continue to need assistance with daily skills while they pursue vocational skills for possible future employment. OPTS #48 for 48 Individuals initially, then increasing to 50 Target Implementation April 1, 2005 OPTS Service(s) = Supervised IRA with Residential Habilitation Reducing the size five existing homes by developing two new homes which focus on the needs of medically frail and elderly individuals will result in 48 current individuals who receive services able to receive the services in smaller sized homes, and two individuals on the waitlist will receive the out-of-home service requested. The proposal was originally submitted to include only the two new homes, however, the agency had included all current consumers (or family member/advocate) in discussions about the new homes and the impact on the existing homes. Subsequently, the proposal was revised to begin the OPTS pilot with the five existing homes, and under the pilot will develop the new homes and serve the additional two waitlist individuals. The final budgets for starting and estimates for when the new homes open are being finalized. OPTS #78 for 1 Individual Target Implementation – OPTS Agreement in process OPTS Service(s) = At-Home Residential Habilitation A consumer who is legally blind, has cerebral palsy and a spinal cord injury, graduated from high school this past year and is on an academic scholarship to a local four-year college. To maintain her academic scholarship, she will require services and supports to assist her in completing her coursework to obtain her degree, and also participate in community activities. A clear delineation between the services provided under the OPTS Agreement and the services provided by her Personal Care Aides was a condition of the OPTS approval. OPTS #58 for 19 Individuals Target Implementation – March 1, 2005 OPTS Service(s) = Group Day Habilitation Ability rather than disability will be the focus of the OPTS proposal for art program opportunities. In conjunction with an institution of higher learning, an Art Gallery to display art work will be developed. Participants in the OPTS proposal will not only create works of art, they will also be given the opportunity to assist in the Art Gallery, to hold showings of their works and to visit other artists to see their works and discuss their common interest - creating artistic pieces to express their thoughts and feelings. 9. Items to be Included in the Next Update · Interim Payment Process while Web-based Application is in development · Interim Reporting Questions from the Statewide Evaluation Committee · Additional Brief Descriptions of Approved Proposals 10. Information Sharing We encourage you to share the information in this message with individuals who are interested in knowing more about recent activities associated with the NYS OPTS initiative. 11. Why You May Receive Multiple Copies of this Message This message is being sent to individuals on several distribution lists. If you appear on more than one of the distribution lists being used, you will receive multiple copies of this message. This message is being distributed to: OPTS Steering Committee OPTS Consumer and Family Subcommittee OPTS Implementation Subcommittee OPTS Provider Subcommittee FSS Statewide Advisory Committee Provider Associations Parent-to-Parent Liaison Self Advocate Liaison DDSO Directors Central Office Leadership Team DDSO and Central Office OPTS Point People/Liaisons