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December 21, 2020
Cuomo Signs Power of Attorney Legislation Championed by NYSARC Trust Services
The Management Board of Trustees for Trust Services submitted a letter in October
in favor of legislation modifying the requirements for a valid Power of Attorney. We are happy to share that Governor Cuomo signed this legislation on December 15, 2020!
A Power of Attorney is one of the most widely used legal documents, allowing people to designate an agent to manage their financial and personal affairs should they lose capacity in the future. The new law, which takes effect in 180 days, reduces the complexity in the execution of a Power of Attorney and makes the rejection of the document less likely by creating a presumption in favor of its validity. This is excellent news for the people served by the Trust, many of whom rely on the use of a Power of Attorney as a simple and affordable alternative to guardianship.
OPWDD Amendments to Reimbursement Regulations for Day Service Mealtimes
Following significant advocacy by The Arc New York, the Office for People with Developmental Disabilities (OPWDD) published emergency amendments to Title 14, Part 635-10.5 regulations. These regulations address the reimbursement of waiver services. The change is to the section on mealtimes. Chapters may deliver services during mealtime and count the duration of mealtime in the total program service duration for group and supplemental day habilitation and site-based pevocational services through the duration of the public health emergency.
HHS Disperses $24.5 Billion Through Phase 3 of Provider Relief Fund
The Department of Health and Human Services (HHS) announced that it will distribute a total $24.5 billion to over 70,000 providers through Phase 3 of the Provider Relief Fund (PRF), up from the $20 billion originally planned. HHS reports that providers should now receive up to 88% of lost revenues and net change in expenses caused by the coronavirus pandemic in the first half of 2020. HHS also updated the Provider Relief Fund FAQ.
Comments and Recommendations on Proposed HCBS Waiver Amendments
The Arc New York submitted public comments to OPWDD's proposed technical amendments to its 1915(c) Comprehensive Home and Community Based Services (HCBS) waiver. Along with comments, The Arc New York provided recommendations to streamline I/DD supports and services, providing cost savings to the state, while ensuring maximum flexibility and high-quality services.
Operation of waiver programs and services throughout the COVID-19 pandemic has provided valuable experience and insight in identifying new approaches for supporting individuals and caregivers. Those lessons, and the creative solutions and flexibilities afforded by the Appendix K waiver, are important to sustain as we move beyond the disaster period. Arc New York Comments on the Appendix K waiver amendments addresses critical needs arising from the pandemic, as well as recommended items to be continued in its aftermath.
 Save Our Services (SOS) Phone Campaign
Family Groups are joining together to urge Governor Cuomo and the legislature to sustain funding for supports and services for New Yorkers with I/DD. You can participate in this advocacy action by calling Governor Cuomo at 518-474-8390. When you call, press 2 and leave a message similar to this, in your own words: "Please find the money to save the services our loved ones depend on. Withholds and cuts are shrinking our services and supports. We are afraid of the future, and we need your help." Please feel free to add your own personal story. Additional information can be found in this short guide.
To have even more of an impact, ask three friends, relatives, or neighbors to call the Governor and tell them about the additional advocacy opportunities.
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This email was sent to:
- Board of Governors
- Chapter Presidents
- Chapter Board Members
- Executive Directors
- Chief Operating Officers
- Chief Financial Officers
- HR Directors
- PR Directors
- Quality & Compliance Staff
- Joint Committee on Quality & Compliance
- Trust Services and State Office Staff
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