CMS Releases Guidance on State use of ARPA Funds
The Office for People With Developmental Disabilities (OPWDD) has expressed their intention to explore the use of funds from the American Rescue Plan Act (ARPA). Today, the Center for Medicare and Medicaid Services (CMS) released much awaited federal guidance on how states should spend the 10% increase to Home and Community Based Services (HCBS) Federal Medical Assistance Percentages (FMAP) appropriated through the ARPA. The initial goal of these funds was to strengthen and expand access to HCBS. The guidance released today explains in greater detail that funds must be used to enhance, expand, or strengthen HCBS beyond what is currently available.
While more analysis is required, there are a few encouraging takeaways:
- Funding must be used to supplement, not supplant, existing services, with operational examples of how that will work for states
- Funding can be used for:
- Financial incentives to expand and strengthen the number, retention rates, and expertise/skills of the direct care workforce.
- Reducing or eliminating HCBS waiting lists
- Expanding the use of technology and telehealth
- Providing new or additional Medicaid HCBS services or increase the amount, duration, or scope of HCBS
- States may plan to use funds until March 2024
As we previously reported, a $740 million sub-allocation was included for OPWDD to use these funds in the FY 21-22 budget. How we use these funds will be critical to the overall sustainability, success, and transformation of HCBS in New York.
OPWDD Announces Regional Forums for Statewide Comprehensive Plan
This year, The Arc New York strongly advocated for OPWDD to begin the long overdue process for their Statewide Comprehensive Plan, which is required every five years by law. As a result, this mandate was included in the 2021-22 NYS Budget.
For the first time in nearly a decade, the Office for People with Developmental Disabilities (OPWDD) will hold a series of five regional public forums to give input on OPWDD’s strategic priorities, the use of funds from the American Rescue Plan and the development of the agency’s 5-year Statewide Comprehensive Plan. In particular, self-advocates, family members of people with developmental disabilities, advocates, and other interested parties are encouraged to submit comments and/or present testimony. The first forum will be held on May 26. The full event schedule and instructions for providing comments can be found here.
The Arc New York will submit comments on the OPWDD 5.07 plan and engage stakeholders to present public testimony. We will continue to be fully invested in this process and present the necessary recommendations to elevate supports and services.
OPWDD Responds to Senator Mannion Regarding Residential Cuts
As you are aware, The Arc New York community has been advocating for over a year to reverse the course of proposed cuts to therapeutic leave and residential vacancies, which took effect on May 1, 2021. On April 26, Senator John Mannion, Chair of the Committee on Disabilities, along with 19 senators, sent a letter urging OPWDD to delay the implementation of these cuts by at least 90 days to allow for additional input and exploration of alternate solutions.
On May 5, OPWDD Commissioner Dr. Theodore Kastner responded via letter denying any further extensions of these harmful cuts, and indicating that previous opportunities for stakeholder involvement proposed no viable alternatives. However, in December 2020, The Arc New York provided numerous suggestions and alternatives, which were never fully considered. We will continue to work to eliminate these cuts and identify solutions that are in the best interest of the individuals we support and their families. We plan to assess the recent guidance on federal HCBS funding and determine our advocacy options.
If you have not done so already, please send a letter to your state legislator and the governor, demanding that they fund supports and services for people with I/DD.
New York State HERO Act
On Wednesday May 5, 2021, Governor Cuomo signed into law A.2681-B (Reyes)/ S.1034-B (Gianaris). The HERO Act is designed to establish standards for workplace safety protocols regarding airborne infectious disease prevention.
The bill requires the Department of Labor to create model workplace airborne infectious disease safety and health standards. Employers must either adopt the model standards or develop their own safety and health standards while adhering to minimum requirements laid out by the Department. The bill further requires employers to allow for the creation of workplace safety and health committees, and contains multiple provisions to prevent employer retaliation.
The bill includes fines and other mechanisms to ensure employer compliance. Governor Cuomo proposed a chapter amendment to the bill that addresses issues such as providing opportunities for employers to address violations within a set period of time. We expect the chapter amendment to be acted on prior to the close of session in June. Ostroff Associates created a summary document that highlights the various components of the law.
A brief timeline of important dates and deadlines is outlined below:
July 4, 2021: The Department of Labor’s model standards are due
August 3, 2021: Employers adopt the model standards or alternative standards
September 2, 2021: Employers must notify employees of adopted standards
November 1, 2021: Workplace safety committees become effective. The Department of Labor will begin developing regulations immediately.
The Arc New York acknowledges that Chapters will have many questions on implementation of and compliance with the HERO Act. We will be developing guidance documents and meeting with Chapter Human Resource directors on May 25 to further discuss the changes and explore how to use systems already in place to comply with the law. We will continue to update you with any further news on this topic.
The HCBS Access Act: A Law 70 Years in the Making
The Arc of the United States is continuing its webinar series with a discussion about barriers in the current Home and Community-Bases Services (HCBS) system, proposed changes found within the HCBS Access Act (HAA) presented by Congress, and what we can do to make sure these changes become a reality. The webinar will take place on June 3, 2021 at 2:00 PM, you can register through The Arc US here.
This webinar will be captioned. The webinar will be recorded and available to view on demand for those who register. Questions? Email events@thearc.org.
AHRC Symposium Tomorrow!
AHRC New York City, a Chapter of the Arc New York, and their partners will host a symposium tomorrow, Friday, May 14, from 8:30 - 4:30 PM titled, A Call to Action: Eliminating Compounded Disparities for People with Disabilities in a Year of COVID-19.
Focusing on Lived Experience, this Symposium will explore the Intersectionality of Disability, Race, Ethnicity, Culture, Gender Identities, and the Political Determinants of Health and provoke a deeper discussion, a greater sense of shared responsibility and a better-defined road map for future action in partnership with people with disabilities.
Learn more and register here.
