Below please find the latest information related to Covid-19:

DSP’s – Essential Health Workers:


  • “Essential health care workers may include licensed health professionals such as physicians, nurse practitioners, physician assistants, registered nurses, LPNs and nurse assistants or laboratory personnel and direct support professionals. First responders may include paramedics, emergency medical technicians, police officers, and firefighters.”

  • For the purposes of this guidance, community hab workers are considered DSP’s.

  • This guidance will allow DSP’s to travel freely to and from work in the event of a quarantine and/or curfew as well as to reinforce the fact that DSP’s are essential health workers during this crisis.  

Appendix K Waiver:

  • OPWDD met with officials from CMS again today and they believe that they are close to a solution on a waiver which would allow funding to flow in wake of the closure of day programs and also relax certain regulations.  

  • At this time there are no further details on what is contained within the draft waiver that was submitted as CMS has not approved yet. 

  • The waiver is currently focused on day services and will address additional programs at a later date. 

  • OPWDD has stressed that providers should continue to allocate staff where they are needed in order to continue to keep serving individuals while OPWDD works to try to address the financial aspects through the waiver. 

PPE:

  • Reports of no PPE continue to come in. OPWDD is funneling these to DOH, and continues to seek guidance from DOH on what alternatives to proper use of PPE should be considered when PPE is not available.


Fingerprinting Requirements:

  • We understand that some of the fingerprinting capacity is not operational at the current time, OPWDD is working on a solution for DSP’s who are attempting to work at additional agencies through waiving of regulations. 

  • Individuals that require fingerprinting who are not currently approved will still require fingerprinting because that requirement is in place in statute. 


Additional OPWDD Guidance Documents Coming Soon:

  • Operations Manual for Covid-19 – OPWDD is working on a comprehensive operations manual related to Covid-19 that they anticipate releasing soon. 

  • Visitation Guidance – OPWDD is working on a revised visitation guidance document that they intend to release soon for IRAs.

Governor Cuomo - Executive Order 202.5:

  • This afternoon, Governor Cuomo issued additional guidance in the form of Executive Order 202.5. A list of amended laws and regulations that are specific to OPWDD services are excerpted below:

  • Any code related to construction, energy conservation, or other building code, and all state and local laws, ordinances, and regulations relating to administration and enforcement of the foregoing, to the extent necessary to allow, upon approval by the Commissioner of Health or the Commissioner of OPWDD, as applicable, the temporary changes to physical plant, bed capacities, and services provided; the construction of temporary hospital locations and extensions; the increase in and/or exceeding of certified capacity limits; and the establishment of temporary hospital locations and extensions; 

  • Section 16.17 of the Mental Hygiene Law to the extent necessary to permit the Office of People with Developmental Disabilities to take emergency action to suspend or limit a provider’s operating certificate; 

  • Sections 633.12 and 636-1 of Title 14 of the NYCRR, to the extent necessary to temporarily deviate from an individual’s service plan, which would otherwise outline participation in day programming and other community based served, and to the extent necessary to temporarily relocate individuals, in order to maintain the health and safety of that individual during this emergency period and to the extent necessary;

  • Sections 33.02 and 33.05 of the Mental Hygiene law and sections 633.4, 636-1.4 and 633.16 of Title 14 of the NYCRR, to the extent necessary to restrict visitors to facilities certified pursuant Article 16 of the Mental Hygiene law and to permit restrictions on community outings for residents of such facilities to reduce the spread of COVID-19;

  • Sections 633.8and 633.14 of Title 14 of the NYCRR to the extent necessary to permit abbreviated training of direct support professionals employed in programs and facilities certified pursuant to Article 16 of the Mental Hygiene Law that are experiencing staff shortages;

  • Section 633.17 of Title 14 of the NYCRR, to the extent necessary to permit abbreviated medication administration training of direct support professionals employed in programs or facilities certified pursuant to Article 16 of the Mental Hygiene Law.

Other:

  • ANCOR has released an email tool to remind your members of Congress that I/DD supports and services are essential lifelines to people with I/DD and their families. They must be funded so that their delivery is not compromised during this public health crisis.