News & Views 03.24.11

Join the Direct Support Professional Alliance of New York State

SSI PAYMENTS MAY BE INCORRECT

HOUSE BUDGET RESOLUTION MAY INCLUDE ENTITLEMENT REFORM

SURVEY OF PROVIDERS REGARDING SOCIAL WORK, PSYCHOLOGY & MENTAL HEALTH LICENSURE

SAGE COMMISSION SEEKS INPUT THROUGH SURVEY QUESTIONNAIRE

JUSTICE DEPARTMENT'S NEW ADA RULES WENT INTO EFFECT ON MARCH 15, 2011

UNIVERSITY OF DELAWARE LEADERSHIP INSTITUTE ACCEPTING APPLICATIONS FOR SUMMER 2011 SESSION

FOUR NEW COUNTIES ADDED TO FEDERAL DISASTER DECLARATION

Gary O'Loughlin of OPWDD recently issued a message to Executive Directors and Medicaid Service Coordinators that indicates a problem with the Congregate Care Directory that is used to determine the appropriate Supplemental Security Income (SSI) monthly payment level for individuals who reside in voluntary agency operated Community Residences and Individualized Residential Alternatives (Congregate Care Level II). This problem has resulted in a monthly payment to some SSI recipients residing in agency operated IRAs and CRs of $30 by the Social Security Administration rather than the standard Congregate Care Level II payment of $1109 (NYC, Westchester, Rockland, Suffolk and Nassau counties) or $1079 (rest of state). This problem has been referred to the New York State Office for Temporary and Disability Assistance and the Social Security Administration for resolution. Gary's message was to please alert appropriate staff. My staff and I will apprise you of any developments as we are informed of them.

While on break this week, members of the U.S. House of Representatives are in the district offices and key budget staff are in Washington D.C. working on the 2012 budget resolution which may include key provisions to reform entitlement programs. The proposal, to be released early next month, may put forth sweeping changes to Social Security, Medicare and Medicaid. House Budget Chairman, Paul Ryan (R-WI) has been organizing meetings with fellow Members of Congress to build support. While the details of such changes are unknown, reform proposals may include converting Medicare to a voucher program and "block granting" Medicaid to the States. The U.S. Senate last week sent a letter, signed by 64 Senators, to President Obama urging him to support a broad approach to solving the current budget situation, specifically through a comprehensive deficit reduction package which includes entitlement changes. New York Senators Kirsten Gillibrand and Charles Schumer did not sign the letter.

Last week, we reported on the survey that your agency should have received from OPWDD on March 11. That survey is a legislative directive that came about when the exemption that allows unlicensed people to carry out tasks that are otherwise in a protected scope of practice was given an additional extension in 2010. Most likely, there are people who are providing services and activities in your programs that fall under restricted scopes of practice of several licensed professions; these services and activities are currently considered lawful when provided by licensed as well as some unlicensed individuals under an exemption to the licensure laws governing social workers, psychologists, and mental health practitioners that will expire on July 1, 2013. OPWDD and State Education Department held a phone call on 3/22/11 to answer questions about the survey for providers who are facing the challenge of completing it. The notes from that session can be accessed here. The current deadline is March 25 but there may be an extension provided, in recognition of the effort that goes into the response.

New York State's health and human service agencies (Department of Health, Office for the Aging, Office of Mental Health, Office of Alcoholism and Substance Abuse Services and Office for People with Developmental Disabilities) have been working on practical ideas to streamline agency activities. The Spending and Government Efficiency Commission (SAGE) will be the public vehicle for garnering general public input on ideas and processes that could be made more efficient. In the meantime, the Commissioner and staff of the Departments of Health, Mental Health, Alcoholism and Substance Abuse, People with Developmental Disabilities, and Aging, are asking for your input as a stakeholder. Following is link to a survey for stakeholders to express their opinions: https://www.surveymonkey.com/s/97PKNBR Please use the link to provide your opinion. Guiding principles for this work are: to identify an organizational structure that promotes effective decision making, efficient operations and better coordination among agencies that serve the same or similar populations in order to more effectively care for those consumers; no preconceived answer exists about what the "best" organization structure for achieving this goal will be, and; the views of agency constituencies and stakeholders will be taken into account in making any recommendation.

Revised regulations implementing the Americans with Disabilities Act (ADA) will take effect March 15, 2011, the Department of Justice announced. The revised rules are the department's first major revision of its guidance on accessibility in 20 years. The regulations apply to the activities of more than 80,000 units of state and local government and more than seven million places of public accommodation, including stores, restaurants, shopping malls, libraries, museums, sporting arenas, movie theaters, doctors' and dentists' offices, hotels, jails and prisons, polling places, and emergency preparedness shelters. The department is releasing two new documents, "ADA Update: A Primer for Small Business," and a new publication explaining when the various provisions of its amended regulations will take effect. Both will be available on the department's ADA website, www.ada.gov. The 2010 standards include, for the first time, standards on making swimming pools, parks, golf courses, boating facilities, exercise clubs, and other recreation facilities accessible for individuals with disabilities. Entities covered by the ADA have until March 15, 2012 to comply with the 2010 Standards. In addition to adopting the new ADA 2010 Standards, the amended regulations contain many new or expanded provisions on general nondiscrimination policies, including the use of service animals, the use of wheelchairs and other power-driven mobility devices, selling tickets for wheelchair-accessible seating at sports and performance venues, reserving and guaranteeing accessible rooms at hotels, providing interpreter services through video conferencing, and the effect of the new regulations on existing facilities. The compliance date for new nondiscrimination provisions, except for those on hotel reservations, is March 15, 2011. Compliance with the hotel reservation provisions is not required until March 15, 2012. "ADA Update" and "ADA 2010 Revised Requirements: Effective Date/Compliance Date" are the first of several planned publications aimed at helping businesses, not-for-profit organizations, and state and local governments understand their obligations under the amended Title II and Title III regulations. Individual print copies of the Effective Date/Compliance Date publication can be ordered from the ADA Information Line (800-514-0301 voice or 800-514-0383 TTY). For more information about the ADA, call the Justice Department's toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY), or access the department's ADA website at www.ada.gov.

Applications are being accepted for the summer session of the Leadership Institute, a week-long, intensive leadership development program designed for current executive-level leaders and emerging leaders. Participants may work in areas of management or program leadership in organizations that provide, advocate for, or fund supports for people with developmental disabilities and their families. The focus of the Leadership Institute is on assessing and strengthening leadership skills, setting organizational direction, and understanding the future of the developmental disabilities field. Institute participants come away with demonstrated leadership ability and a firm grasp of the skills and values critical for quality, individualized supports. Apply now online at www.nlcdd.org. Applications are due by April 29, 2011. For questions e-mail Nancy Weiss at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . A limited number of scholarships are available.

Federal assistance is now available in four additional New York State counties to help with the cost of digging out from the severe snowstorm, Dec. 26 - 27, 2010. The Federal Emergency Management Agency (FEMA) said Public Assistance -aid to state and local governments, schools and certain private nonprofits - is now available in Columbia, Dutchess, Kings, and Rockland counties.

Specifically, help is available for emergency protective measures taken during a 48-hour period during the storm. Eligible costs could include plowing, sanding, employee overtime, and related expenses. The process for requesting federal assistance, as well as eligibility requirements, is explained at applicants' briefings led by the New York State Office of Emergency Management (NYSOEM).

Public Assistance for emergency protective measures (snow assistance) is already available in Bronx, Nassau, Rensselaer, Richmond, and Queens counties. Public assistance to repair or replace disaster-damaged facilities is also available for eligible work in Nassau and Suffolk counties.