COVID-19 Update
July 1, 2020

COVID-19 Travel Advisory Update 
The list of states that are subject to the travel advisory under Executive Order 205 was updated June 29, 2020. The list can be found here, and will be updated as necessary. 

As a reminder, the New York State Department of Health (NYS DOH) published " Interim Guidance for Quarantine Restrictions on Travelers Arriving in New York State Following Out of State Travel ." This guidance includes travel advisory exemptions for essential workers. Our staff predominantly fall under the "long-term" exemption. We encourage Chapters to notify all staff regarding the travel advisory and its exemptions.

Employees subject to precautionary quarantine under this travel advisory are eligible to use accrued leave time or, if they do not have any, unpaid sick leave, until they are able to return to work. The law is silent on whether an employee can be required to use their accrued leave, and in those instances we recommend that you provide unpaid leave if an employee does not want to use their accrued paid leave to cover their period of precautionary quarantine. If you have an employee subject to precautionary quarantine who is capable of working from home, you may request that they work from home in lieu of using accrued time. As long as an employee is notified about the travel advisory prior to traveling to an impacted state, they will not be eligible for additional paid sick leave under New York emergency paid leave, which makes it all the more important to notify all staff if you have not already.

We anticipate scenarios will arise in which a member of an employee's household  travels to a state impacted by the travel advisory. Under those circumstances, if an employee is unable to work from home, it will be up to your discretion whether to request that they not come into work. The employee would not be eligible for New York Emergency Paid Leave, so you would need to evaluate whether or not to require the employee to use accrued time to remain home.

NYSDOH & NYSDOL Guidance on Use of COVID-19 Sick Leave 
NYSDOH and the New York State Department of Labor (NYSDOL) have published updated guidance related to paid sick leave in the event of a COVID-19 infection. The guidance can be found here

Clarification on Community Habilitation-Residential Service Documentation
The Office for People With Developmental Disabilities (OPWDD) issued a "COVID-19 DDRO Service Authorization" memo on June 8 to OPWDD agencies operating Supervised Individual Residential Alternatives (IRAs) and Community Residences (CRs). 

We received several questions about the language in this memo, particularly the section " CH-R services delivered on or after July 3, 2020, your agency will be expected to deliver and document Group CH-R services in accordance with a Staff Action Plan and as described in Administrative Memorandum Community Habilitation."

We reached out to OPWDD's Deputy Commissioner of Regional Offices, who provided additional direction on this section of the memo. Post July 2, 2020, the service documentation requirements within ADM#2015-01 will govern the delivery of CH-R. ADM#2015-01 can be viewed here

Fiscal Year 2019-2020 CFR Filing Date Extension
OPWDD announced an extension of the due date for submitting Consolidated Fiscal Reports (CFRs) for the reporting period of July 1, 2019 to June 30, 2020. Typically, these would need to be submitted on or before, December 1, 2020. OPWDD has provided an additional month for submission, moving the due date out to January 1, 2021 for OPWDD providers. The memo detailing this extension can be found here

Sample Day Habilitation Reopening Plan
During our weekly calls with the Executive Directors, we have been discussing the future of day services and potential reopening of the day habilitation sites. While OPWDD has not issued any formal guidance on reopening, several Chapters are developing plans in anticipation of notice from OPWDD to reopen. Liberty Arc has provided us with a draft of their Day Habilitation Reopening Plan. This is a very comprehensive plan that can be used as a reference when developing your own reopening plan. We will continue to share reopening plans as we obtain them. Thank you to Liberty Arc for sharing this great resource with all the Arc New York Chapters. 

American Red Cross First Aid/CPR/AED Training Modifications
The American Red Cross has provided guidance for instructors on modifying First AID/CPR/AED classes to ensure social distancing practices are implemented. The Arc Westchester has provided us with their " CPR & FA COVID Protocol," which incorporates the American Red Cross guidelines. Please share this with training programs that are using the American Red Cross curriculum when conducting First Aid/CPR/AED training.
 
As discussed in our call this morning with the Executive Directors, we will continue to advocate with OPWDD for additional guidance and flexibility with the OPWDD required training during the COVID-19 public health emergency. We will share more information on these discussions as it becomes available.

Media Coverage and Advocacy on Proposed OPWDD Cuts 
Lohud continued their coverage of the I/DD field with story featuring voices of providers and advocates opposing the drastic cuts proposed to OPWDD voluntary providers, including The Arc Rockland Executive Director Carmine Marchionda. You can read the full story here. As we continue to advocate for appropriate resources to support New Yorkers with disabilities, The Arc New York families, staff, self-advocates and community members surpassed 10,000 emails sent to state leaders through our online advocacy platform
 
This and all related updates will be cataloged on  The Arc New York COVID-19 Resource Page   for future reference. Please contact us if you have questions regarding any of this information.

 
CONTACT: 
Josh Christiana , Associate Executive Director for Quality, Compliance & Chapter Relations

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