Staten Island Developmental Disabilities Council

Staten Island Developmental Disabilities Council

Position and Recommendations on the

 Proposed Executive Budget for

 Fiscal Year 2011-2012

 The members of the Staten Island Developmental Disabilities Council, and the people we serve, appreciate that the continuing financial crisis prevents New York State from expanding services in all sectors.  We are aware that Governor Cuomo’s determination to change the way New York State does business by eliminating an ongoing and growing budget deficit as the norm ensures that efficiencies and spending cuts will be part of the process for everyone.  As citizens of New York State, we recognize that people with developmental disabilities will not be exempt.

We do, however, urge the Governor, our elected officials and the Acting Commissioner of OPWDD to apply efficiencies judiciously and with full awareness of the long-term effects that will result from measures taken now. We ask that the total picture, which includes not only developmentally and learning disabled individuals, but also, their families, caregivers and the professionals employed in their service, be considered in the decision making process.

While it is still undetermined what cost-cutting measures will be recommended by the Governor’s newly appointed Medicaid re-design team, we are counting on our elected officials and the Acting Commissioner of OPWDD to be our advocates and to be vocal in educating the team members on how the essential services offered to people with developmental disabilities through Medicaid funding make up their lives and provide them with a comprehensive, life-time continuum of care that is designed to address every aspect of daily life, including education, employment, recreation, and health care.  These essential services, many of which are mandated through federal and state legislation (ADA, IDEA, NYS CARES), have been carefully crafted over the past thirty-six years to insure that the most vulnerable members of our community are insured their rightful place in society.

Once again, we remind Governor Cuomo, our elected officials, and the Acting Commissioner of OPWDD, that the services provided through OPWDD and NYC Local Assistance funding are essential.  The SIDDC is committed to preserving the integrity of these services and to continue moving forward in advancing the welfare of people with developmental disabilities and their families.  We pledge to work in a spirit of cooperation with our representatives in government, but will not stand idle while one of the most well designed service models, and replicated system of care, is dismantled piece by piece.

Now, and in the future, we are committed to “Keeping the Promise.”

Proposed Executive Budget for Fiscal Year 2011-2012

The Staten Island Developmental Disabilities Council urges its Legislators to support the following positions and recommendations:

NYS Office for People with Developmental Disabilities

Leadership

Commissioners of State agencies play a critical role in shaping programmatic priorities, regulatory policy and the general tone of relationships with voluntary, non-profit providers.  During this very critical period, when funding is constrained and eliminating the budget deficit is of paramount importance to New York State, it is imperative that OPWDD is led by a true advocate for developmentally disabled New Yorkers, their families, and the hundreds of thousands of people who are employed in their care and service.

“Across the Board” Cuts

Because of the way the numbers for 2011-12 were developed, at this time, it is difficult to determine the full impact of the Executive’s proposed budget cuts.  State agencies are not sharing information freely and budget briefings have been delayed.  Key details have not been disclosed but it is apparent that Medicaid spending has been determined as a major area where savings can be achieved through budget cuts.

While the Governor’s Medicaid re-design team is not scheduled to release their recommendations until March 1^st, it is anticipated that significant cuts to Medicaid spending will be enacted “across the board” in an effort to reduce a major portion of the deficit.  Reforming the financing of various OPWDD programs through rate, price and contract adjustments to both residential and non-residential services to reflect efficiencies, program restructurings and other cost savings have been recommended.

 In response, the SIDDC would like to remind our Legislators that:

 1.    Any and all cuts to State Medicaid dollars are matched by an equal cut in Federal Medicaid dollars, thereby, not only reducing an agency’s ability to maintain levels of service, but also reducing revenue for the State.

 2.    The quoted 13% increase in Medicaid spending primarily results from a combination of the takeover of local Medicaid costs due to the spending cap, increased utilization/rising enrollment levels, and the inflation of medical care costs affecting nearly all categories of service.

 3.    OPWDD services, including Medicaid Service Coordination (18%), Day Habilitation (3.9% to 6%), and FMAP (1.1%) have already been sustained as a result of enacted budget cuts in the 2009-10, and 2010-11 budgets and mid-year in response to the previous administration’s DRP.

 4.    Voluntary, non-profit service providers continue to be burdened with the additional operating cost of the MTA payroll tax which has been rescinded for many special interests groups, e.g. public schools.

 5.    That while NYS employees who are also under the auspices of OPWDD have enjoyed regular salary increases (4% in 2010) the COLA trend for voluntary providers’ direct care support staff has been much less (3.06% for 2009-10, 2.08% for 2010-11).  In the current Executive proposal, it is proposed that the planned 1.2% human service COLA be deferred.

 Considering the above, and the many other factors, severely hampering the operation of many voluntary, non-profit providers…

Distinction of OPWDD

To reduce spending, streamlining government through the merging of State agencies has been recommended in the Executive’s proposal.  Although suggested in the past, OPWDD has not been specifically mentioned at this time. We are still concerned, however, that it may re-emerge as a “good idea” to combine OPWDD with another State agency.  The SIDDC does not agree.

Development of Community Residential Opportunities

In 1998, the NYS CARES Initiative ended a ten-year moratorium on the development of community-based residential opportunities for people with special needs.  This was a much welcomed step toward eliminating the waiting list and giving people with developmental disabilities the chance to become empowered by living with their peers in a safe, “family-like” atmosphere.  It also offered their family members the peace of mind of knowing their loved one would always have a home and returned balance and opportunity to their own lives.

Although enacted by the Legislature, for the past several years, NYS CARES has been severely underfunded.  In response, OPWDD has shifted the focus of residential development from an IRA (Individual Residential Alternative) setting that provides around the clock, comprehensive care and which is the most appropriate living situation for the majority of people to ISS (Individualized Support Services) which primarily provides assistance only with financial matters and is suitable for the least amount of people.

The waiting list is rapidly growing!

New York State Department of Health

Early Intervention Services

Early Intervention services assist children when they are most amenable to learning and very often, allow them to mainstream at a younger age, resulting in less spending on more expensive services as the person ages.

• Strongly urges the Legislature to oppose the Executive proposal to recover EI

• Strongly urges the Legislature to support the Executive proposal to have providers bill Medicaid and private insurance for EI services only for those providers of at least $500,000 who already directly bill Medicaid for another service(s).

New York State Department of Education

NYS/NYC Local Assistance