- Governor Takes Action
- Autism Legislation
- PEF Rejects New Contract
- Medicaid Update Newsletter
- Administrative Funding Interchange Rescinded
- Budged Reduction "Plan of Action"
- 1115 Video Clips
- Kaiser Family Foundation
GOVERNOR TAKES ACTION ON LEGISLATION; VETOES OMIG REFORM BILL
Late last week, Governor Andrew Cuomo took Executive action on several pieces of legislation including a measure to reform the Office of Medicaid Inspector General (OMIG) auditing practices. The Governor vetoed S.3184 (Little) which, if enacted, would have provided due process protections for providers who come under scrutiny of the OMIG. To view the Governor's veto message, click here. NYSACRA believes that the Governor may be open to some reforms and that the discussion could be led by the OMIG Director, James Cox. Meanwhile the strong coalition that NYSACRA is part of will continue to consider strategies.
The Governor signed three pieces of legislation that will impact the developmental disabilities sector. The first bill, A.5795 (McDonald) will require certain allegations of crimes to be reported to law enforcement as soon as possible, but not within less than 24 hours. The second bill, S.5793 (McDonald) ensures that abuse and neglect investigations continue if an employee, subject to the investigation, resigns prior to the completion of said investigation. NYSACRA supported the measure. The final bill, A.8322 (Schroeder) designates the OPWDD Ombudsman as an employee of the NYS Commission on Quality of Care and Advocacy for Persons with Disabilities. NYSACRA supported this measure as well. NYSACRA staff will provide members with more information related to the legislation as it becomes available.
AUTISM LEGISLATION APPROVED BY U.S. SENATE
Earlier this week, the U.S. Senate approved "The Combating Autism Reauthorization Act", legislation to extend certain programs originally authorized under the Combating Autism Act. Among the provisions of the measure, autism surveillance programs are provided for at the Centers for Disease Control and Prevention and training programs are present at the Health Resources and Services Administration. The Interagency Autism Coordinating Council will continue to advise the Secretary of Health and Human Services on autism policies at the federal level. The extender is for three years.
PUBLIC EMPLOYEES FEDERAL REJECTS NEW CONTRACT
This week, the state's second largest public employee union, Public Employees Federation (PEF) rejected a new contract with the State of New York. In response, Governor Andrew Cuomo commenced the process to layoff approximately 3,500 PEF members. According to a list obtained by the Times Union, 386 PEF members employed at the NYS Office for People with Developmental Disabilities may be affected. PEF leaders request reopening of negotiations with the Governor's bargaining team while the Governor's Director of Operations suggests PEF schedule a re-vote on the contract.
In a phone call yesterday NYSACRA learned from OPWDD that the plan is that OPWDD will lay off Medicaid Service Coordinators. There are about 10,000 individuals with developmental disabilities served by state employed MSCs. OPWDD asked that voluntary agencies step up quickly to serve the individuals that will be choosing voluntary agency MSC. DDSO Directors will be contacting agencies about their interest in taking on additional people. There will be no negotiation around agencies needing additional units or not, voluntary agencies will receive the units they need and at a new Willowbrook rate for providers if they are Willowbrook class members. Agencies can provide a link to their webpage about MSC services to help families and individuals choose. These will be posted as a link on the OPWDD website. Letters will go to families in the next day or two about this and about their ability to choose a new MSC. There will be a liaison identified at each DDSO for families and others to contact. OPWDD Leadership stressed that quick response is needed by providers that are willing to serve people and that the DDSO will be in touch with providers. Voluntary agencies on Early Alert status are not eligible to take on new persons. NYSACRA will provide more information as it is available.
MEDICAID UPDATE NESLETTER
The Medicaid Update is the official newsletter of the New York State Medicaid Program. It is emailed to over 34,000 subscribers every month and is also available on the DOH website at http://www.nyhealth.gov/health_care/medicaid/program/main.htm and via link at www.emedny.org. A significant number of providers have not signed up to receive the Update. These providers are missing out on important policy/program changes that may impact their practice and they need to sign-up. Providers are encouraged to sign-up for the Medicaid Update if they are not already receiving it. All you need to do is send your email address (es) to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . and ask to be added to the Update distribution list.
ADMINISTRATIVE FUNDING INTERCHANGE RESCINDED
Good news! Commissioner Burke was successful in obtaining approval to eliminate the problematic “Administration Interchange” language. Regulations were filed yesterday that rescind the interchange restriction language that was adopted as part of the July 1, 2011 fiscal regulations. The regulations filed yesterday are both temporary, emergency regulations and proposed regulations that OPWDD plans to permanently adopt.
OPWDD has also made a commitment to convene a workgroup consisting of stakeholders, Division of the Budget staff, Office for People with Developmental Disabilities staff and Governor’s Office staff to develop an alternative proposal to address the unrestricted nature of provider funding interchange flexibility related to agency administration. This workgroup is expected to complete its work by November 28, 2011 and NYSACRA has asked to be a workgroup participant.
The regulations that were proposed in the spring would have been effective July 1, 2011. After objections by the provider association OPWDD pursued rescinding the regulation. The Division of Budget and the Governor’s office did not want the regulations rescinded but agreed to temporary regulations which proponed the enforcement of the regulation. The temporary language was to expire this week.
BUDGET REDUCTION “PLAN OF ACTION”
OPWDD has informed NYSACRA that there are a number of providers that have not submitted a “Plan of Action” that was requested by them in June related to budget reductions. Provider Agencies were to submit plans to the DDSO/NYCRO directors by July. If you are not sure if you are required to submit a “Plan of Action” please contact your local DDSO.
1115 VIDEO CLIPS
To help people understand the anticipated service system reforms contained in the People First Waiver, OPWDD is developing a series of new, informative video clips that will be posted on the People First Waiver Web page (http://www.opwdd.ny.gov/2011_waiver/index.jsp). In the videos, Commissioner Burke answers common questions people are asking about the new waiver and provides easy to understand descriptions of planned waiver reforms.
KAISER FAMILY FOUNDATION – PROFILES OF MEDICAID MANAGED CARE
The Kaiser Family Foundation has issued a new briefing focused on the findings from a 50-state survey which provides a comprehensive look at state Medicaid managed care programs, documenting their diversity, examining how states monitor access and quality, and exploring emerging efforts to improve care, including managed long-term care and initiatives targeted toward dual eligible individuals (Medicaid & Medicare). The report, a summary and also a video can be found at http://smtp01.kff.org/t/24124/391234/23119/0/.
The video provides a panel presentation that includes Jason Helgerson, NY Medicaid Director, talking about managed care and the OPWDD 1115 waiver.
