July 11, 2005
NYSRA ReSource
For Perspective and
Analysis
The Source of
information for providers of community-based services for people of differing
abilities.
A
Word From Jeff Wise
It’s
a great privilege to be able to kick off this issue of The ReSource and to take
this opportunity to introduce myself.
As
NYSRA’s new CEO, I am pleased for this opportunity to send greetings and tell
you a little about me. But before long,
I plan to be in touch with everyone personally—and that discussion will, I hope,
be about you – what you need and expect from NYSRA and ways that we can work
with you to provide the things you have a right to expect from us.
As
far as the “for-the-record” information:
I come to NYSRA after 18 years of working in the policy, regulatory and
legislative arenas, having been able to do that work from several perspectives
– state agency attorney, private legislative representative, state trade
association staffer and executive, and policy analyst. Along the way I have worked on issues ranging
from legal procedures including MR/DD offenders; rent regulation of households
headed by people with disabilities; surrogate decision-making, and much more.
That
said, looking ahead seems far more exciting to me. To be a part of an organization that has been around more than 25
years and has forged a strong tradition in Albany is, as I said at the outset,
a great privilege. It is one I embrace
with confidence and enthusiasm.
My
confidence is grounded in a couple of ingredients that are key to the success
of any association: a strong and
committed membership and a strong, committed staff. Any association that, all these years after its inception, having
weathered the inevitable ups and downs of the business world, remains so
robust, obviously possesses both those ingredients.
Even
within days of my arrival it is clear that both ingredients are in the NYSRA
mix. Members and officers have
generously devoted time to answer my questions and hear some of my thoughts and
ideas. And the NYSRA staff has already
demonstrated to me that it is absolutely second-to-none that I have come across
in my nearly two decades of Albany policy experience.
So
confidence is easy to come by. We have
much to be proud of, but that never means there isn’t more to do. We will build on the precious commodities
NYSRA possesses and ensure its place at policy discussions, budgetary
discussions, key coalition discussions, and everywhere our presence advances
the interests of our members. We will
continue to bring you the best training and learning experiences that can be
offered and we will always keep you informed about issues of importance to you.
I
look forward to meeting with all of you.
But don’t feel you have to wait to meet me to give me a call. I and the staff will make ourselves
available to you any way we can.
So, enough about me for now. I want to hear from you.
News from State Agencies/NYSRA Advocacy
2005 NYSRA
Legislative Recap
Courtesy McCulley and Associates - The New York State Legislature ended
its 2005 Regular session on Friday, June 24, passing nearly 750 bills in the
last 5 days. While legislators had been busy patting themselves on the back for
the first on-time budget in 20 years, the legislative session left them with
less to crow about.
The last week of the legislature’s annual session continues
to underscore the dysfunction characterizing state’s legislative process.
Committee meetings are scheduled with no advance notice and legislators
sometimes have only minutes to prepare to vote up or down on bills. There are
no public hearings and a bill can be introduced, passed through committee and
voted on by the Legislature all in less than 24 hours.
Amid this confusion, issues are often prioritized strictly
by political importance and rarely on policy – a problem that plagues nearly
every public advocacy group in the state, including NYSRA.
Out of the more than 16,000 bills introduced in either the
State Senate or Assembly, NYSRA winds up tracking about 150 per year which deal
with issues important to NYSRA’s members. This is in addition to the thousands
of pages of budget bills passed earlier this year.
The budget is arguably the single most important piece (or
pieces) of legislation to NYSRA members. On of the most significant and
controversial provisions in the 2005-06 State budget was the implementation of
Medicaid cost containment and Medicaid reform, including implementing
co-payments and resource test provisions for the Family Health Plus program and
establishing a cap on the local share of Medicaid expenditures with a State
takeover of the local share by 2008 (S.3668, Health and Mental Health
Article VII Language Bill, Chapter 58).
We will continue to track Medicaid reform — as it is likely
to remain a hot button political issue for the 2006 state budget cycle.
Below is a summary of some of the non-budget issues NYSRA
was involved with during the 2005 legislative session.
We are pleased to report that NYSRA was part of a coalition
that helped defeat legislation (S 3541 Rath/ A 5461 Schimminger) that
would have forced many New Yorkers with disabilities into Medicaid Managed
Care. While the bill did pass the State Senate it was defeated in the Assembly.
Timothy’s Law, which requires mental health parity in
insurance policies, continues to stall at the end of each legislative session -
unfortunately 2005 was no exception. While it did pass the Assembly, an
agreement could not be reached with the State Senate and it stalled in that
house.
In the waning hours of the legislative session, a union
backed proposal (S3008 Spano/A3292 John) making it easier to unionize
facilities licensed by the OMH or OMRDD was passed by both houses. This bill
allows for the use of “check cards” to indicate employee support for
unionization instead of a National Labor Relations Board supervised secret
ballot. NYSRA opposed this bill over strong union support, including 1199 and
SEIU. We will be asking the Governor to veto this bill and you will hear more
about this from us shortly.
NYSRA also worked with the Legislature to help defeat a
proposal by the State Education Department to radically alter the funding
mechanism for 4201 schools. Known as “rebasing”, SED attempted to change the
state’s funding formula to the state’s 4201 schools midstream. This plan was rejected
and was ultimately withdrawn by SED.
Other bills of interest to the NYSRA members and disability
community include:
• Legislation establishing the Stony Brook University (SUNY)
Cody Center for Autism and Developmental Disabilities (the “Cody Center”) to
advance the standards of care for individuals with autism and other
developmental disabilities (S.2952-A, Passed Both Houses).
• Provides for the extension of Kendra’s Law until June 30,
2010 and requires greater participation and responsibility of directors of
community services. Adds psychologists and social workers to the list of
individuals who can petition the court for an order to authorize assisted
outpatient treatment (A.8954, Passed Both Houses). A subsequent bill also
includes individuals who, as a result of their mental illness, are unlikely to
voluntarily participate in assisted outpatient treatment that would enable him
or her to live safely in the community (S.5909, Passed Both Houses).
• Requires the Office of Mental Health to establish a
geriatric service demonstration program to provide grants to providers of
Mental Health Care to the Elderly (S.4742-B, Passed Both Houses).
• An act to amend the education law, in relation to creating
the state interagency council for services to persons who are deaf, deaf-blind,
or hard of hearing to promote a comprehensive service system for the deaf,
deaf-blind, and hard of hearing population (A6008 Sanders, Passed Assembly
Only)
• Legislation directing the department of public service to
implement a program that provides equitable access to basic telecommunication
services to all people who are deaf, hard of hearing, severely speech impaired,
or deaf-blind. The bill includes criteria for eligibility and criteria for
affordable technology for those who are financially able. (A60, Passed Assembly
Only)
Some people understand life better, and they call some of
these people “retarded”...
At the Seattle Special Olympics, nine contestants, all physically or mentally
disabled, assembled at the starting line for the 100-yard dash.
At the gun, they all started out, not exactly in a dash, but with a relish to
run the race to the finish and win.
All, that is, except one little boy who stumbled on the
asphalt, tumbled over a couple of times, and began to cry. The other eight
heard the boy cry. They slowed down and looked back. Then they all turned around and went back......every one of them.
One girl with Down’s Syndrome bent down and kissed him and said, “This will
make it better.”
Then all nine linked arms and walked together to the finish
line. Everyone in the stadium stood, the cheering went on for several minutes.
People who were there are still telling the story... Why?
Because deep down we know this one thing: What matters in
this life is more than winning for ourselves. What matters in this life is
helping others win, even if it means slowing down and changing our course.
Policy
Update: Article 31 Clinic Rate Increase
Member agencies are justifiably anxious for news regarding
distribution of the Article 31 Clinic rate increase that passed in this year’s
state budget. As you know this increase will result in a $6 million (state
share) increase, grossing up to $24 million (federal and state share) for child
and adult SOMH Article 31 clinics.
Although we lobbied hard for an increase that would
positively impact ALL programs and services, this year we were only able
to secure an increase for the Article 31 Program. While we did not support a targeted distribution of the
dollars attached to this increase, the plan to administer these funds clearly
reflects a shift in thinking at the NYS Division of the Budget. Going forward
we believe that rate increases will be designed to support, encourage and
reward only those agencies that can demonstrate flexibility in programming. As
you will see below, the plan for distribution of the Article 31 rate increase
begins to reflect this shift in thinking (and funding).
At this time our understanding is that the implementation
package for the Article 31 Clinic increase will be as follows:
· All increases
retroactive to 4/1/05;
· A significant
proportion of the total dollars available will be used to fund an across the
board rate increase for all adult and child Article 31 Outpatient
Clinics;
· A percentage of
the total dollars will be reflected in a rate increase for those Article 31
clinics that agree to participate in a quality improvement initiative (still
being developed);
· A percentage will
be distributed to Article 31 clinics serving children on nights and weekend.
Since the state budget passed in April we have been in very
regular contact with key representatives at SOMH as we continue to track the
progress of state budget initiatives impacting our members. Several of these
new initiatives (Article 31 rate increase, CDT Threshold Override) require a
high level of coordination with DOH. In the case of the Article 31 increase,
SOMH must first develop rate code changes that must be approved by DOH
before being integrated within Computer Sciences Corporation (CSC) software
programs.
We will continue to track the progress of these items and
keep you well informed.
-Courtesy of Lauri Cole,
New York State Council for
Community Behavioral Healthcare
Geriatric
Mental Health Act of New York goes to Governor for Signature
The Geriatric Mental
Health Act (A.4742/S.7672 - GMHA) will position New York as the nation’s first
state to begin to comprehensively address the mental health needs of the
dramatically increasing number of older Americans. This legislation, supported
by over 80 nonprofit sector advocacy and service organizations, outlines the
detailed steps New York must begin to take in order to assure that it will be
ready to handle major demographic changes that will challenge its elder care
and mental health systems.
“The elder boom is
beginning. Over the next 25 years the number of older adults with mental
disorders in the United States will double from 7 million to 14 million. We
must prepare now to meet this rapidly growing need,” said Michael Friedman
chairman of the Geriatric Mental Health Alliance of New York, an advocacy group
with over 600 individual and organizational members, including NYSRA. He added, “We are grateful for the vision
and leadership provided by the Senators and Assemblypersons, Democrats and
Republicans who have joined together to sponsor this legislation, which not
only will benefit older New Yorkers but will also establish a model for the
nation.”
According to mental health advocates, older adults with
mental disorders are currently under-served and will become increasingly
under-served as there is a rapid increase in the number of older adults in New
York State. Existing services,
workforce, governmental infrastructure, and state planning are inadequate to
meet the special needs of this group.
Currently, there are an estimated 2-3 million American seniors with
depression and only 20% of them are getting treatment from mental health
professionals. Untreated mental conditions can lead to disability or even
premature death, exacerbate symptoms of other illnesses, and result in suicide.
The suicide rate among elderly men is the highest among all age groups. The
elderly are twice as likely to commit suicide as teenagers.
N.Y.
Advocates Disappointed over Parity, Other Unresolved Issues
Mental health advocates are disappointed that New York
lawmakers have left unresolved the passage of Timothy’s Law, the state’s parity
bill, and legislation that would end the placement of inmates with severe
mental illness in special housing units.
Timothy’s Law Campaign is a grassroots effort aimed to end
discriminatory practices by health insurers and the health maintenance
organizations (HMOs) with regard to the treatment of mental illness and
substance abuse disorders. Concerns
have been raised that enacting Timothy’s Law would drive up the cost of
insurance premiums for small employers. The campaign, in an effort to address
the concerns of small business owners in New York state, updated the proposed
legislation.
The legislation would now offer all employers with 50 or
fewer employees, including sole proprietors, the option to purchase full parity
benefits at a comparable price. The
legislation would also eliminate arbitrary exclusions based on whether a mental
health condition is chronic or acute, and employs a standard for defining
mental illness commonly used in the field.
“Timothy’s Law will probably not happen,” Glenn Liebman,
chief executive of the Mental Health Association in New York State (MHANYS),
told MHW. “We were told it’s done for the year. Our chances at this point are
very, very minimal. Our goal remains to do everything we can to get Timothy’s
Law passed.”
“Of course we are all disappointed that in the end there was
no deal,” Lauri Cole, executive director of the New York State Council for
Community Behavioral Healthcare, told MHW. “Having said this, we are not going
away on this issue. We are in this for as long as it takes. We have a long-term
game plan and an unwavering commitment to secure meaningful parity legislation
in this state. We intend to come back stronger and more vital in the days
ahead.”
Cole added, “This year our statewide campaign experienced
unprecedented cooperation and cohesion among all of the stakeholders and
grassroots advocates. We were unified and incredibly productive. The fight for
Timothy’s Law has everything to do with basic fairness and equity and the
understanding that substance abuse and mental health related disorders are no
different from any other physical disease.
It is in every business owner’s best interest to assure that his
employees have access to affordable behavioral healthcare.”
-Courtesy of MH Weekly
Federal
Update
Recent NYSRA Speaker Testifies at Senate Select
Committee
on Aging Medicaid Services Hearing
On June 28th, the Senate
Select Committee on Aging convened a hearing on Medicaid to discuss mandatory
and optional populations and the various services available to each. The
hearing is only the latest in a series focusing on the vital safety-net program
for 54 million Americans.
Senator Gordon Smith,
R-Ore, who chairs the committee, opened the hearing by discussing the
implications of ongoing Medicaid reform proposals and budget cuts. Smith
indicated that he plans to hold several more hearings over the next year and a
half.
“To some, these
categories simply mean that those who are considered a mandatory population
should receive care through Medicaid and that those who are optional probably
have other alternatives and don’t really need Medicaid’s help,” summarized Sen.
Smith during his opening statement. “Well, by the end of this hearing I
believe we all will learn that isn’t necessarily the case.”
Among the witnesses were
Jeffrey Crowley, Project Director, Health Policy Institute, Georgetown
University, a keynote speaker at the recent NYSRA June Management Conference in
Saratoga. Crowley argued against some
of the common assertions about Medicaid, including claims that the program is
broken and spending is “out-of-control.” He believes that such
characterizations are being used to justify “radical, harmful change.”
“Much recent discussion
has taken place over the difference between mandatory and optional Medicaid
beneficiaries,” noted Crowley. “With regard to people with disabilities, the
mandatory/optional distinction has no connection whatsoever to the level of
disability or the need for health and long-term services. Some parties have
characterized optional Medicaid beneficiaries as higher income individuals with
less serious need for Medicaid assistance. Virtually all Medicaid beneficiaries
with disabilities have extremely low incomes and all have met the same standard
for serious, long-term disability.”
Crowley reviewed several
optional eligibility categories that states can use to extend Medicaid coverage
to people with disabilities. They include:
· Poverty
Level Option
· Medically
Needy Option
· Katie
Beckett Option
· Work
Incentive Options
· Home
& Community-Based Service Waivers
President’s Committee for Purchase Withdraws
Proposed Rules
There was a notice in the Federal Register on July 1, 2005
from the President’s Committee for Purchase stating that they are withdrawing
their proposed rules on governance standards for JWOD producing CRPs
(http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-13118.htm).
As you may recall, the Committee proposed rules last year
that would have imposed a variety of restrictions on JWOD producing CRPs, such
as limiting executive compensation and regulating board size and activities. ACCSES
strongly opposed the rules. Lee Wilson, Executive Director of the
Committee, met with ACCSES members at the Fly-In last month and at that time he
indicated the Committee was going to withdraw that set of rules. The Federal
Register notice says that they are going to propose new rules at some point
this year. It is likely that they will not be as onerous as the rules proposed
last year.
Since many of the comments stated that the Committee had no
authority to promulgate the rules, the Committee reviewed this claim and found
that they did have the authority to propose such regulations. The Committee
states in the Federal Register that “There was nothing provided or referenced
in the written comments which would explicitly and specifically prohibit the
Committee from using its rulemaking authority to propose a rule of this
nature.” In fact, there were numerous comments that explained why the rules
exceeded the Committee’s authority. Goodwill International’s comments are one
of the finest examples of this.
Regardless, we will soon be faced with another set of
proposed governance regulations from the Committee. The good news is that the
Committee seems willing re-shape these rules in light of the comments it
received. As the notice said, the Committee will “craft a new rule or rules
which will address its concerns without unintended consequences and excessive
burdens on program participants.” At the Fly-In, Lee Wilson indicated a
willingness to work with interested parties to shape these comments. NYSRA is
confident that New York’s needs are well represented by ACCSES as Marc Kilmer,
Executive Director, works to set up a meeting with Mr. Wilson as well as attending
the meetings of the Committee for Purchase to monitor this issue.
Announcements/Opportunities
Proctor
High School in partnership with The Arc, Oneida-Lewis Chapter (The Arc) recently
received the annual Regional Partnership with Schools Recognition Award from
New York State Rehabilitation Association (NYSRA).
The award recognizes school districts that are true partners
in providing transition services to students with disabilities. Proctor was
nominated by The Arc for assisting students with disabilities in their
transition from school-to-work. “Proctor has set a standard for excellence in
their attempts to reach out and meet the educational, vocational, emotional and
social needs of their students with disabilities,” said Joanne Donaruma,
director of employment services at The Arc.
Job Opportunities
Chief
Financial Officer - Seeking candidates to provide leadership and management of financial
and business support services for statewide non-profit association advocating
for persons with disabilities served by community agencies. Areas of responsibility include budget and
financial forecasting, accounting supervision, financial reporting, business
and support services, contracting and financial compliance of the association
and its related operations. Responsible
for overall management and implementation of the corporate financial and
administrative operations including accounting, information technology, human
resources and general administration.
Candidate must possess a bachelors degree in Accounting, CPA preferred,
and should have a minimum of 10 years of experience with some senior level
finance experience. Send resume to
Human Resources, Florida ARF, 2475 Apalachee Pkwy, Ste 205, Tallahassee, FL
32301 or jbruntlett@floridaarf.org
The Resource Center for Independent Living
Hosts ‘R.J.’s Road Trip’
The Resource Center for
Independent Living (RCIL), in conjunction with Fulton-Montgomery Community
College and the Self-Advocacy Association of NY, will host a stop on “R.J.’s
Road Trip,” a hands-on, practical application of assistive technology devices
and materials to the learning and independent living needs of several local
people with disabilities. “R. J.” is R. J. Cooper, a renowned researcher and
developer of adaptive devices and software for people with disabilities.
Date: September 28, 2005
Site: Fulton-Montgomery Community College Theatre Auditorium in the
Communications and
Visual
Arts Building
Time: 10:00 AM - 4:00 PM (Registration starts at 9:30)
Cost: FREE (Lunch included)
For more information on The Road Trip, visit http://rjcooper.com/roadtrip/index.html
Up to 8 “Learners” are also sought
to be the subject of these informal evaluations. One may apply to be a Learner
by providing the following information:
1) Name
2) What is it that you’d like the
learner to do that he/she is not doing now?
3) Chronological age and
developmental/cognitive age?
4) Abilities (what can he/she do)?
5) What has she/he done
successfully with technology, and using what
materials?
6) What disability or negative
behavior does she/he have that are not apparent?
Learners must be accompanied by a parent/guardian or a teacher. Contact Chivon
Millan at 842 - 3561 for more information.
Developmental Disabilities Planning Council
News.
The DDPC is currently developing
its State Plan for the years 2007-2011. In order to make that State Plan
responsive to the needs of New Yorkers with developmental disabilities and
their families, we need to hear from you. Two surveys one for individuals and
families, the other for providers are now available on the DDPC
Business-to-Business Website. Go to: www.ddpcb2b.com to respond to
either the Individual and Family Survey or Provider Survey.
Current Requests
for Proposals (RFP)
The DDPC will shortly be issuing a
Request for Proposals (RFP) Peer Mentoring & Supports To Promote
Employment Outcomes in the Vocational Rehabilitation System. Stay tuned to
our website at: www.ddpc.state.ny.us/pages/rfp.htm
When available, please share this RFP with potential applicants. If you would
be interested in additional information or want to participate in the field
review for this RFP please contact Nick Rose (800-395-3372 or nrose@ddpc.state.ny.us).
DDPC Needs Proposal Reviewers
The DDPC is looking for individuals who are interested in
reviewing proposals received under future DDPC RFPs. If you feel that you have
the time and skills to be a proposal reviewer, please contact us at alobosco@ddpc.state.ny.us
. Send your name, address, phone number, email address and either a resume or a
paragraph that lets us know the interests and skills that you bring to this
task.
NYSRA and RRTI Calendar
July 2005
July 13
Day Hab/Prevoc Technical Assistance Conference Call
1:00pm–3:00pm
July 14
Deaf/HOH Division Meeting, Albany
July 20
OPTS Monthly Conference Call
July 21
Service Coordination Committee Meeting, Albany
July 26
RRTI Seminar, ‘Reimbursement Essentials for Program Staff’, NYC
July 27
Partnership with Schools Committee Conference Call
10:00am–12:00pm
August 2005
August 3
Workcenter Services Committee Meeting, Albany (AM)
Community Employment Committee
Meeting, Albany (PM)
August 4
NYSRA Board Meeting, Albany
August 10
DD Division Meeting, Albany
August 11
MH Division Meeting, Albany
August 17
VOC Division Meeting, Albany
OPTS Monthly Conference Call
August 18
RRTI Seminar, ‘Reimbursement Essentials for Program Staff’,
Depew, NY
September 2005
September 2
Service Coordinator Committee Meeting, Albany
September 21
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