May 27,
2005
NYSRA ReSource
For Perspective and Analysis
The Source of information for
providers of community-based services for people of differing abilities.
NYSRA
Update
NYSRA IN ACTION…
With
an on-time State Budget, NYSRA Divisions have shifted their focus to
legislative and programmatic issues.
Such issues have included: the
implementation concerns regarding Criminal Background Checks, UCS and Supported
Employment VESID contract advocacy, HIPAA billing, OPTS demonstrations, and
PROS. NYSRA staff have been working
with NYSRA’s Legislative Committee Chair, Jim Bellanca, and our lobbyist, Jim
McCulley, to develop a timeline outlining a set of activities that will begin
with identifying our advocacy priorities in the summer 2005 for the next State Budget
cycle. Regional meetings are
anticipated this summer to connect the NYSRA grassroots membership to this new
legislative activity timeline and process, and to provide direct input into
identifying priority issues.
The
NYSRA Board of Directors has been meeting monthly to help maintain an important
presence in Albany, and to focus on NYSRA’s advocacy priorities. In addition, the Board has been apprised of
the Search Committee’s progress in screening and interviewing for NYSRA’s next
CEO.
While NYSRA works to have a positive affect on the New York
State process, legislative activity in Washington DC is shaping the inevitably
changes for rehabilitation services next year. Following are updates provided
to us from ACCSES, one of NYSRA’s national affiliates.
FEDERAL
UPDATE: as reported from ACCSES
Legislative
work in Washington, D.C., faces an uncertain future as a showdown over judicial
nominees looms. Republicans, frustrated
at a Democratic filibuster over ten judicial nominees, are moving towards changing
the Senate rules to disallow filibusters on judicial nominees. The filibuster would still remain for
legislation. Democrats counter that if
this happens they will slow work in the Senate to a standstill, only allowing
passage of essential bills. If this
happens it is anyone’s guess as to how much the Senate will actually accomplish
during this session. Moderates in both
parties have been meeting in an effort to broker a compromise, but they have
been unsuccessful so far.
In
between their fights over judicial nominees, the Senate found time to pass the
transportation reauthorization bill.
This bill is projected to cost $295 billion over six years. In March the House of Representatives passed
a bill that would cost $284 billion over six years. President Bush has threatened to veto the bill because of the
high cost, but the vote of 88 to 11 in the Senate indicates that if he were to
issue the first veto of his presidency it may be overridden.
The
Senate also passed an $82 billion supplemental appropriations bill to fund the
war in Iraq as well as other items deemed as “emergencies.” The House of Representatives had already
passed the bill. The President signed
it on May 11. Any spending deemed as
“emergency” does not count against budget caps.
On April 28, Congress approved a fiscal year (FY)
2006 budget resolution and, for the first time since 1997, included
reconciliation instructions to several Committees with jurisdiction over
mandatory programs.
The House narrowly approved the conference report by
a vote of 214-211. The Senate approved
the same measure by a vote of 52-47, with all Democratic Senators as well as
Republicans DeWine (OH), Chaffee (RI) and Voinovich (OH) voting against it.
The $2.56 trillion budget puts a virtual freeze on
discretionary spending and estimates mandatory spending to reach $1.669
trillion in the coming fiscal year. The
reconciliation instructions direct authorizing Committees, such as the Senate
Finance and the House Energy and Commerce Committees, to find savings of $35
billion from mandatory program spending over the next five years.
The Senate Finance Committee, which has jurisdiction
over both Medicaid and Medicare, must find $10 billion in savings over the next
five years while the Senate Health, Education, Labor and Pensions (HELP)
Committee must cut $13.7 billion from other health-related programs as well as
education, labor and training programs.
The House Energy and Commerce Committee has been charged with finding
almost $15 billion in savings from programs such as Medicaid, possibly
Medicare, and telecom-related programs.
The House Ways and Means Committee must find $1 billion in savings from
programs such as Supplemental Security Income (SSI), TANF, Social Services
Block Grants, the Earned Income Tax Credit and possibly Medicare. Finally, the House Education and Workforce
Committee has been instructed to find $12.7 billion in savings from programs
under its jurisdiction including vocational rehabilitation and education
programs. The Committees targeted in
reconciliation will spend the next several months developing policies to
achieve these mandated savings with a Reconciliation Bill expected in
September, 2005.
Throughout this budget process, heavy debate focused
on cuts to the Medicaid program. While numbers between $14 and $20 billion were
originally considered by the Budget Committees, the final reconciliation number
directed at the Senate Finance Committee and the House Energy and Commerce
Committee only allows up to $10 billion in cuts, although it looks as if the
Senate Finance Committee will only press for $9 billion in Medicaid cuts.
Additionally, it appears a Medicaid commission or
advisory committee will soon be formed.
The Commission will be charged with recommending changes to the program
in order to achieve the required savings.
The Medicaid Commission is expected to deliver its final report in
December 2006 with an interim report due to Congress in September 2005. Therefore, major Medicaid cuts are not
expected to be implemented until FY 2007.
The reduction in cuts from the original proposals as
well as the formation of the Medicaid Commission can be greatly attributed to
Senator Smith (R-OR), who successfully opposed Medicaid cuts in the Senate
budget resolution, as well as the national organizations, such as ACCSES, that
worked to educate Members on the importance of Medicaid services. Nevertheless, $10 billion in cuts will
likely prove harmful to Medicaid recipients, particularly those with
disabilities who depend on so-called “optional” benefits such as rehabilitation
services, home and community based supports and services, assistive devices,
and prescription drugs to maintain their health and independence.
Information provided by Powers,
Pyles, Sutter, and Verville
News
from State Agencies/NYSRA Advocacy
GAO
Report on Long Term Care
On
April 27, the Government Accountability Office released a report entitled,
“Long-Term Care Financing: Growing Demand and Cost of Services Are Straining
Federal and State Budgets.” From the
abstract:
Long-term
care relies heavily on financing by public payers, especially Medicaid, and has
significant implications for state budgets as well as the federal budget. It
includes an array of health, personal care, and supportive services provided to
persons with physical or mental disabilities. As the baby boom generation ages,
the number of elderly with disabilities will greatly expand the demand for
long-term care services and will impose greater burdens on federal and state
budgets. GAO was asked to discuss the budgetary and other challenges resulting
from the anticipated increase in demand for long-term care services. This
testimony addresses (1) the pressure that entitlement spending for Medicare,
Medicaid, and Social Security is expected to exert on the federal budget in
coming decades; (2) how the aging of the baby boom population will increase the
demand for long-term care services; and (3) how these trends will affect the
current and future financing of long-term care services, particularly in
federal and state budgets. The testimony also highlights several considerations
for any possible reforms of long-term care financing. This testimony updates
prior GAO work, particularly Long-Term Care: Aging Baby Boom Generation Will
Increase Demand and Burden on Federal and State Budgets, GAO-02-544T
(Washington, D.C.: March 21, 2002).
Over
the coming decades, entitlement spending for Medicare, Medicaid, and Social
Security is expected to absorb larger shares of federal revenue and threatens
to crowd out other spending as the baby boom generation enters retirement age.
The increasing demand for long-term care services fueled in part by the baby
boom generation will also further strain federal and state budgets. Estimates
suggest the future number of disabled elderly who cannot perform basic
activities of daily living without assistance may as much as double from 2000
through 2040, resulting in a large increase in demand for long-term care
services. Spending on long-term care services just for the elderly is estimated
to increase by more than two-and-a-half times between 2000 and 2040, and could
nearly quadruple in constant dollars between 2000 and 2050 to $379 billion,
according to some estimates. Without fundamental financing changes, Medicaid
can be expected to remain one of the largest funding sources, straining both
federal and state governments. Financing the increasing demand for long-term
care services will be a significant 21st century challenge for the nation.
To
read the full report: www.gao.gov/new.items/d05564t.pdf
Update
on WIA/Rehabilitation Act Reauthorization Action
On
May 12, Senators Mike Enzi (R-WY) and Edward Kennedy (D-MA) introduced S. 1021,
a bill that would reauthorize the Workforce Investment Act and the
Rehabilitation Act. Senator Enzi is
chairman of the Health, Education, Labor, and Pensions Committee, which has
jurisdiction over this bill. Senator
Kennedy is the ranking member.
•
This bill is essentially the same as the WIA/Rehab Act reauthorization that
passed the Senate last year. Among
other things:
• It
does not contain WIA Plus block grant proposals, which would combine VR with
WIA programs and give governors more authority over how to spend this money.
• It
retains language that specifically talks about the important role of community
rehabilitation providers that was in the previous Senate bill.
•
There is new language in the bill that talks about transition services in the
age group of 16 to 22.
•
The Commissioner of RSA would remain a Presidential, not a Secretarial,
appointment.
The
HELP Committee held a mark-up of the bill on May 18 and without much discussion
passed the bill unanimously. No
amendments were offered. The full
Senate must now consider the bill, although it is unclear when this will
happen.
The Bush
Administration has expressed its opposition to S. 1021 and said that it would
work with Senators to amend it on the Senate floor when it is debated.
GMHA: The Comprehensive Geriatric Mental Health
Act
The Comprehensive Geriatric Mental Health Act has recently
been introduced in both Houses of the New York State Legislature.
The bill number is S4742/A7672. The bill sponsor in the
Senate is Nicholas Spano, Senior Assistant Majority Leader of the Senate with
co-sponsors Thomas Morahan, Chairman, Senate Committee on Mental Health, Caesar
Trunzo, and Jim Wright. The bill sponsor in the Assembly is Peter Rivera,
Chairman, Assembly Committee on Mental Health, with co-sponsors Steven Englebright,
Chairman, Assembly Committee on Aging and Donna Lupardo, Member, Committee on
Mental Health.
To view a memo of the Act, visit www.mhawestchester.org/advocates
geriatricactdraft50605.pdf
New York
Disability Voices: A Community Conversation
New York Disability Voices: A Community Conversation will
take place on June 1, 2005 from 9:30am–3:00pm in Brooklyn, New York. This open forum will be conducted for all members
of the disability community in a small group setting, providing the opportunity
to voice opinions and concerns about four areas of interest: employment,
housing, transportation and education.
Partners Disability Coalition (PDC) has joined forces with a
national disability group, Enable America (EA) to offer this FREE event. EA is
preparing a national account of the issues and testimony discussed at community
conversations. Together, a summary will be produced of the issues and proposed
solutions from the New York City meeting and incorporating the NY discussions
with statistics from across the county. The entire event will be professionally
recorded and transcribed to share with policymakers and define the grassroots
disability issues in New York.
This will be a unique opportunity to participate in a
nationwide activism program exclusively about and for disability groups,
self-advocates and parents or family members of children with disabilities.
Over twenty states will be visited by the end of this year.
The Participants will be informed about the policies
affecting them from the panelist or politicians concerned about these policies.
Continued community involvement to affect positive change for the disability
population is encouraged.
A well-known keynote speaker is invited to address the
audience during the lunch hour on disability and employment issues and offer
their positive solutions or suggestions to individuals living, working and
playing in the disability community.
The participants will gather in small discussion groups to identify
issues and offer practical solutions.
For more information or to register, visit www.pdcnys.org/events.htm
Legislature Gives Clarity on $4.3 Million
Mental Health Restoration
The NYS Legislature issued its annual ‘Green Book’ this week
to provide additional details on actions it took in the recently approved NYS
Budget.
Of particular interest, the legislature provided more clear
direction for the Division of the Budget and the Office of Mental Health to
guide them in how to allocate the $4.3 million restoration to $7.7 million in
service cuts to non Medicaid mental health services last year.
To reiterate the original restoration language:
• “The Legislature restores $3,645,000 in Local Assistance
funding to maintain support for such consumer oriented, non-Medicaid services
as respite, peer support, advocacy, drop-in centers and legal services.”
• “In the Children and Youth Services, the Legislature
restores $900,000 in Local Assistance funding to maintain support for such
consumer oriented, non-Medicaid services as respite, advocacy and children’s
coordinated services.”
In the Green Book, the Legislature clarifies that “it is
the intent of the Legislature that these funds provide a proportional
restoration to those programs that experienced a loss in funding as a result of
a decrease in OMH Local Assistance funding in State Fiscal Year 2004-5.”
That means that OMH will be returning $4.3 million to local
county mental health departments who are to, wherever possible, return just
over half of the funds (4.3/7.7) that were cut from their budgets last year.
There may be a few exceptions, in instances where a
restoration of this amount will not provide significant (e.g., the restoration
is too little to pay for the full staffing cost, the program has been shut down
or the program had not previously satisfied its contracted deliverables, etc)
change.
Announcements/Opportunities
Dr.
Troy Justesen named to serve as
Acting
Director of Office of Special Education and Rehabilitative Services
John
H. Hager, assistant secretary of the Office of Special Education and
Rehabilitative Services (OSERS), U.S. Department of Education, is pleased to
share with you an announcement about new leadership at the Office of Special
Education Programs.
Effective
May 9, 2005, Dr. Troy Justesen will serve as Acting Director of the Office of
Special Education Programs (OSEP). He will also continue to serve as Acting
Deputy Assistant Secretary. As acting OSEP director. Troy will be working more closely with Mr. Hager to
operationalize the Secretary’s Action Plan to Increase State Capacity in
Instruction, Assessment, and Accountability for Students with Disabilities
while completing the regulatory process for the 2004 IDEA regulations.
Before
coming to OSERS, Troy served as the Associate Director for Domestic Policy at
the White House, assisting the Offices of Domestic Policy and Public Liaison
with the implementation of President George W. Bush’s New Freedom Initiative
(NFI) and on matters related to Native Americans, Pacific Islanders and Alaska
Natives. Troy also served as the Deputy
Executive Director of the President’s Commission on Excellence in Special
Education and worked for three years as an Education Policy Analyst with the
U.S. Department of Education in the Office of Special Education Programs.
Federal
Agencies Jointly Issue Publications
on Making EEO Mediation Accessible to People with Disabilities
The U.S. Equal Employment Opportunity Commission (EEOC), the
National Council on Disability (NCD), and the U.S. Department of Justice (DOJ)
jointly released two new publications addressing how to ensure that mediation
of equal employment opportunity disputes is accessible to people with
disabilities. The publications are available on all three agencies’ Web sites
at www.eeoc.gov, www.ncd.gov, and www.ada.gov.
“More than ever, employers and employees are turning to
mediation and other forms of alternative dispute resolution to resolve EEO
disputes,” said EEOC Chair Cari M. Dominguez, who has made expansion of
voluntary mediation a top priority. “These new materials will help ensure that
the benefits of mediation can be available to everyone.”
The documents, entitled Questions and Answers for Mediation
Providers: Mediation and the Americans with Disabilities Act and Questions and
Answers for Parties to Mediation: Mediation and the Americans with Disabilities
Act, address the obligations of all private and public sector mediation
providers, including employers that offer their employees mediation as a
benefit of employment. The documents are written in a question-and-answer
format and discuss topics such as:
-types of reasonable accommodations that may be necessary to make mediation
accessible to people with disabilities;
-best practices for ensuring that mediation is accessible;
-the confidentiality of medical information disclosed during mediation; and,
-recommended types of ADA training for mediators.
“These
documents will enhance the use of mediation by people with disabilities to
resolve employment disputes and will highlight the importance of reasonable
accommodation in the alternative dispute resolution process,” according to NCD
Chairperson Lex Frieden. “NCD is pleased to collaborate with EEOC and DOJ to
use our experience and expertise in providing technical assistance on
disability issues in the mediation of employment discrimination disputes.”
Job
Opportunities
Director
of Day Habilitation and Supported Employment Programs - Mountain Lake Services (formerly
known as Essex ARC) is seeking a dynamic and results oriented professional for senior management position. The
incumbent is responsible for developing and managing operations of a multi site Day
Habilitation Program and providing
administrative oversight to a county wide Supported Employment Program.
Responsibilities include supervising multi-level staff; directing operations;
providing fiscal oversight and ensuring quality services. Bachelor’s Degree in Human Services or
related field with 5 years experience administering programs that provide
services to people with developmental disabilities required. Master’s Degree
preferred. Demonstrated leadership and
organizational skills essential.
Ability to work collaboratively with staff a must. Salary commensurate
with experience. Excellent fringe benefit package.
Apply to
Human Resource Office, Mountain Lake Services, 10 St. Patrick’s Place, Port
Henry, NY 12974 www.mountainlakeservices.org EOE
Director
of Administrative Services is sought for Community Services, a strong & growing
non-profit agency. Provides leadership,
management & direction to the agency’s administrative services including
Human Resources, Community Relations, Facility Management, Purchasing, MIS
&Transportation. Experience in Human Resource Management preferred. Qualified candidates will have a Master’s
Degree & 5 yrs of experience including 1 yr of supervisory experience OR
Bachelor’s Degree & 7 yrs of experience including 1 yr supervisory
experience. Essential skills include leadership, organization, management &
interpersonal skills. Excellent benefits including 401K. $45,011/yr.
Please
send resume to:
Patricia
Judge, CSDD, 452 Delaware Avenue
Buffalo
14202
EOE/Drug
Free/Valuing Differences
Vocational
Manager at Madison Cortland ARC - Directs the administration of vocational services within the Agency,
including community and site based employment and rehabilitative programs.
Bachelor’s Degree and two years related experience; or Associate’s Degree with
five years related experience, including management experience. $13.50 per hour.
Clinic
Manager at Madison Cortland ARC - Directs and controls delivery of clinical services and
treatment for individuals with developmental disabilities. Bachelors Degree and one to two years
exp./training. $12.67/hr.
Nutritionist
at Madison Cortland ARC - Full
time position in Oneida to plan and oversee dietary aspects of disabled
individuals by assessing nutritional needs, planning appropriate meals and
providing nutritional and educational counseling to adequately meet consumer
needs. BA/BS in Dietetics or Nutrition
and completed internship in dietetics required. Salary negotiable.
Service
Coordinator at Madison Cortland ARC - Full Time position in Madison County providing person-centered
planning for DD population. AA Degree
in Human Services or R.N., one year exp. in the field of Developmental
Disabilities, and Valid NYS Driver’s License with 18 months driving exp.
required. Starts at $12/hr and goes to
$13.50/hr. after training.
Madison
Cortland ARC offers
an excellent benefit package to FT employees, including full dental, eye care
& life insurance, as well as agency contributed medical and generous
vacation, holiday, sick and personal leaves.
Contact: Madison Cortland ARC
701
Lenox Ave., Oneida NY 13421
Phone: 315-363-3389 – Fax: 315-361-4166
E-Mail: Madison_Cortland_hr@hotmail.com
EOE
Community
Giving Grants – Target
Target Stores Community Giving grants program currently
focuses on three areas: arts, family violence prevention, and reading. These
grants: fund early childhood reading programs that promote a love of reading or
encourage children to read together with their families; make art exhibition,
classes, and performance more affordable and accessible for families; and
support family violence prevention programs and services, including parenting
education, crisis nurseries, family counseling, after-school programs, support
groups and abuse shelters.
Eligibility
Applicants: Applicants must be 501(c) 3 tax-exempt nonprofit
organizations or public agencies.
Funding: Most grants will range between $1,000 and $3,000.
Deadline: May 31, 2005. applications must be submitted to a
local Target store team leader, who will review the applications and making
funding recommendations. Applications will be reviewed as they are received as
they are received.
For More Information: Visit www.target.com for complete grant
guidelines. Application forms are available online and at Target stores.
Real
Choice Systems Change Grants
In
late April, CMS announced that approximately $35 million in new grants will be
awarded to states to develop programs for people with disabilities or long term
illnesses. The “Real Choice Systems Change Grants” will help states and
territories enable people with disabilities to reside in their homes and
participate fully in community life.
The
President has promoted the goal of community living for people with
disabilities through his New Freedom Initiative. Under this initiative ten
federal agencies have collaborated to remove barriers to community living. The
additional funding for “Real Choice Systems Change Grants” approved by Congress
for FY 2005 will augment CMS efforts to help states improve their community-based
services.
Since
2001, CMS has awarded 238 RCSC grants, totaling approximately $188 million to
50 states, Guam, the Northern Mariana Islands, and the District of
Columbia. Seeking feedback from
stakeholders, including consumers and the organizations that represent them,
this year’s grant categories take a slightly different approach than previous
years. The introduction of the “Systems
Transformation Grants” in 2005 will give states a chance to implement broader,
more integrated, and flexible reform options that address issues from
self-direction to information technology.
Three
types of grants are offered under the title, “Real Choice Systems Change
Grants”:
•
Family-to-Family Health Care Information and Education Center Grants
•
Systems Transformation (STG) grants
•
Aging and Disability Resource Center Grants (ADRC)
In
addition, some funding will be used to perform a national evaluation and
develop grant support tools.
An
open informational teleconference for applicants of the RCSC solicitation will
be held on Tuesday, May 24, 2005, 3:00 – 5:00 p.m. (EDT). Toll-free telephone number: 1-800-857-3793.
Pass-code to enter teleconference: “Grants”
More
information can be found here: www.cms.hhs.gov/systemschange/2005rcsolicitation.pdf
NYSRA
and RRTI Calendar
June
2005
June
7
Executive
Management Institute, Saratoga Springs
RRTI
Board Meeting, Saratoga Springs
June
8
Executive
Management Institute, Saratoga Springs
NYSRA
Board Meeting, Saratoga Springs
June
21
Clinic
Services Committee Meeting, Albany
June
22
OPTS
Monthly Conference Call
June
29-30
RRCEP
II Seminar, Job Coach I, Albany
July
2005
July
14
Deaf/HOH
Division Meeting, Albany
July
15
Partnership
with Schools Committee Meeting, Albany
July
20
OPTS
Monthly Conference Call
July
21
Service
Coordination Committee Meeting, Albany
August
2005
August
4
Workcenter
Services Committee Meeting, Albany (AM)
Community Employment Committee Meeting, Albany (PM)
August
10
DD
Division Meeting, Albany
August
11
MH
Division Meeting, Albany
August
17
OPTS
Monthly Conference Call
NYSRA is now accepting nominations for
the following awards:
Adrian
Levy Award
State
Public Official of the Year Award
Local
Public Official of the Year Award
Martha
Fitzpatrick Citizen Advocate Award
Business
Industry/Recognition Award
For a nomination form, please
contact Jennifer Ivery at jennifer@nyrehab.org