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August 12, 2005 PDF Print E-mail
- GOVERNOR DECIDES ON VARIOUS DISABILITY RELATED LAWS
- NYC DIRECT SUPPORT CONFERENCE CORRECTION!! 10-28-05
- MEDICARE PART D – UPDATE
- HUD REOPENS SECTION 811
- EXECUTIVE POSITIONS
  • NYSACRA NEWS & VIEWS
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    GOVERNOR DECIDES ON VARIOUS
    DISABILITY RELATED LAWS

    The Governor has been actively reviewing and vetoing or signing hundreds of bills sent to him since the close of the Legislative Session on June 22, 2005.  The State Constitution requires the Governor to either veto any bill that arrives on his desk within ten days, excluding Sundays, or it becomes a law.  He may also sign it immediately, such as was done for A.8709 / S.5339, making the Surrogate Decision-Making Committee program permanent, which was to expire June 30, 2005, now signed as Chapter 126 of the NYS Laws of 2005.  The following bills have been sent to the Governor:

    • A.1092-a / S.5891, includes persons with disabilities within the definition of head of household for the senior citizens' tax abatement for rent-controlled and regulated property.  Signed into law as Chapter 188 of the NYS Laws of 2005.
    • A.1248 / S.4142, requires providers of services pursuant to the mental hygiene law to assist the Commission on Quality of Care for the mentally disabled.  Delivered to Governor on July 28, 2005.
    • A.5616 / S.3765, requires the use of certain language or terminology in legislation when referring to individuals with disabilities.  Delivered to Governor on August 4, 2005.
    • A.6146 / S.3100, requires certain information on disabled children to be maintained on buses transporting such children.  Delivered to Governor on July 28, 2005.
    • A.7878-b / S.4877-b, requires certain professionals to report to the Commissioner of OMRDD regarding abuse and mistreatment.  Delivered to Governor on August 4, 2005.
    • A.8076-a / S.4775, provides that certain programs operated by or under contract shall be deemed facilities as such is related to confidentiality of patient information.  Delivered to Governor on August 11, 2005.

    Visit the Online or Email version for links to these Bills.


    NYC DIRECT SUPPORT CONFERENCE CORRECTION!!

    Correct Date is October 28, 2005, Location TBD

       
     
  • OTHER NEWS
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    MEDICARE PART D – UPDATE

    Starting January 1, 2006, Medicare will offer prescription drug plans to help pay for prescriptions.  If eligible people don’t join a Medicare prescription drug plan by May 15, 2006, the individual will pay a higher premium.  Notifications will go out in the fall that will notify people about their coverage.  Most everyone knows someone that receives Medicare.  Inform yourselves to help them with this complex process.

    For the dual eligible, persons with both Medicare and Medicaid, there will be a different scenario, as you know from past News and Views.  Dual eligible, (there are 40,000 in New York State), will be auto-enrolled in a Medicare prescription drug plan in the fall of 2005 since their Medicaid drug benefits will end on January 1, 2006.  CMS will randomly assign dual eligibles to a plan (there will be around 20 plans in New York State that are not identified yet).  An individual can opt to change to another plan and has the option to change every month, with the newly chosen plan becoming effective the first of the next month.   Currently, the formularies (the list of medications that a plan covers), of the plans are not known. When the auto-enrollment notification arrives the entire formulary will not be listed in the mailing to the individual.  Most plan companies will have a website, as will CMS, to check the medications of an individual with their plan.  Some of the plans will be benchmark plans –which are those plans with the average cost.  CMS will identify a website that will list the benchmark plans.   There will also be premium plans that will cost more. New York State has agreed to provide a wraparound for some drugs that are off a plan.  Right now rules are being developed as well as an appeals process.

    For dual eligibles with income under 100% of the poverty limit, there will be no premium, no deductible, a $1 co-pay for generic drugs, a $3 co-pay for brand-name drugs, no initial coverage limit, no doughnut hole (cost that the enrollee must pay 100% of.  A regular Medicare Part D enrollee must pay the cost of drugs between $2250-$5100), and no cost for catastrophic coverage. No application is needed to request extra help, dual-eligibles automatically will receive this. People residing in ICFs that are dual eligible have the same coverage just noted except they do not have to pay co-pays. 

    OMRDD has convened a work group to share information and plan for the smooth implementation of Medicare Part D for the people we serve.  It will be very important to compare the plans when they are announced to determine which plans best suit the individual and their medication regimen.  OMRDD is planning to do a plan comparison and share it with providers.

    New York State has not passed legislation as yet allowing 90 days of medication to be obtained when the program begins to ensure that medications are available to the individual.  This is something allowed by the federal government.

    The following are tasks that can be done now to prepare for the implementation of Medicare Plan D:

    1.      Identify a “point” person in your agency to be in charge of the information flow around this new program. 

    2.      Of those you serve, determine how many individuals are dual eligible.

    3.      Determine if these individuals received a notification letter in May informing them of the Medicare Plan D changes (this helps to confirm that they are listed with CMS, although there were many mistakes in their mailing such as empty envelopes).

    4.      Keep a list of the medications of each individual to determine the best plan for them when the auto-enrollment letters come out in October.

    5.      Talk to the pharmacies you do business with to see if they have been approached to sign an agreement with a plan to participate.

    6.      Keep an ear and an eye out for updates and training from NYSACRA and other associations.  Beware of high-priced consultants that may promise lots of assistance but who don’t have the information yet to really help. (Much of the detail is not available from CMS yet).

    Continue to inform your self and your staff, especially service coordinators or staff that work with people in the community that may have a hard time understanding their options. Check the following websites for information: 
    http://www.cms.hhs.gov
    http://www.medicare.gov
    http://kff.org
    http://familiesusa.org
    http://www.hiicap.state.ny.us
    www.socialsecurity.gov


    HUD REOPENS SECTION 811

    HUD understands that many applicants may have had difficulty submitting their applications.  Therefore, HUD has reopened the Section 811 Program with a new application submission date of September 6, 2005.  This is an electronic application and all applicants must register at Grants.gov Web site at http://www.grants.gov For additional information contact Frank Tolliver, HUD Project Manager at 202-708-3000 or visit
     http://www.hud.gov/offices/adm/grants/nofa05/reopenings.cfm

     

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