Hochul announced that her Executive Budget proposal will include $2 billion in workforce funding and $500 million in cost of living increases to support a sustainable care infrastructure and begin to address the current workforce crisis.
Legislators talk workforce crisis at NYDA forum
Legislators and Speakers Shared Assessments of the 2022 Legislative Session, the I/DD Sector’s Role, and Discussed New Data from Provider Agencies
Albany, NY— New York Disability Advocates (NYDA) hosted a roundtable with New York State Senators and Assembly Members to discuss the 2022 legislative priorities of New York’s I/DD community on Wednesday, December 15. Joining NYDA were Senator John Mannion, Chairman of Committee on Disabilities, Senator Mike Martucci, Senator Fred Akshar, Senator John Brooks, Senator Simcha Felder, Assemblymember Tom Abinanti, Chair of Committee on People with Disabilities, Assemblymember Melissa Miller, and Assemblymember Chris Burdick. Video of the event can be found on NYDA’s Facebook page: NYDA December Legislative Roundtable.
“We thank the Senators and Assembly Members that came today to hear and discuss with us directly of what New York’s I/DD community needs in 2022 to pull ourselves out of this crisis and create a sustainable, working system of support,” said Tom McAlvanah, President of the New York Disability Advocates. “There are over 140,000 individuals with I/DD throughout New York State. For nearly a decade, they, their families, support staff, provider agencies have been contending with a neglect of funding, which has resulted in a full-blown crisis. We look forward to working with New York’s legislature to address these long-standing issues in 2022.”
“In terms of a workforce, we are in an immediate crisis. We are developing legislation for a tax credit for DSPs and making sure there are incentives to not only draw them into the profession, but keep them in the profession,” said Senator John Mannion, Chairman of the Committee on Disabilities. “Not only will we be doing the right thing for the members of our community that need our help, but this could even become an economic driver.”
“We are not at a crossroads—our toes are at the edge of a cliff. We have to make sure that we sustain recurring funding in this budget to once and for all fill this hole and allow us to truly address the issue with wages,” said Senator Mike Martucci. “These are human rights issues, and we are at a critical point where we must make a change.”
“There are certain things that transcend politics, and this space is one of those things. This is an issue we should all take on because it is for the betterment of our community,” said Senator Fred Akshar. “At the end of the day, the government has a fundamental and moral obligation to take care of those who need help.”
“New York’s system for serving people with disabilities is on the verge of collapsing,” said Assemblymember Tom Abinanti, Chair, Committee on People with Disabilities. “There is a critical workforce shortage from top to bottom – entry-level to management to behavioral and medical staff. We all need to do our part to solve it. We need to make working in this field a career, not just a job. People need to be able to advance, earn more at each step and feel they are appreciated.”
“We’re at severe risk of people dying because they’re not getting the care they need. In order to rectify this crisis, we need a long-term annual budget commitment,” said Assemblymember Melissa Miller. “The workers in this field do important jobs and we are not going to get people to come to this field unless we make it worth their while and show them how much we value their work.”
“I was happy to join some of my colleagues in the Legislature, along with advocates for people with disabilities from around New York State for a roundtable discussion on how to best serve and provide for the disabled community in the upcoming legislative session,” said Assemblymember Karen McMahon (D-Amherst) [or (D-146th AD)]. “We are all aware there is a significant workforce crisis facing the I/DD community and we must focus our efforts on creative solutions to this problem. After our discussion today, I am encouraged by the commitment demonstrated by all parties ahead of our return to Albany.”
“I am very encouraged by the completely different tone in Albany. I honestly feel we are going to make some real headway, but we cannot do it without the work of the advocacy community, said Assemblymember Chris Burdick. “We have a great opportunity now. Let us seize that opportunity this legislative season and in the upcoming budget.”
During the roundtable, NYDA outlined the primary focus of its 2022 legislative priorities: secure the necessary investments needed to create a robust care economy for New Yorke State. This includes addressing the Direct Support Professional (DSP) workforce crisis. For nearly a decade New York State failed to invest in sustaining essential support and services for New Yorkers with intellectual and developmental disabilities (I/DD). Without adequate funding, I/DD providers are unable to offer competitive wages to entice workers for this critical role and compete against the employment incentives of the food and retail sectors. An October, NYDA survey found there are 23,563 vacant DSP positions across the state, with 93.1% of agencies having reported a decrease in the number of job applications.
COLA Implementation and Workforce Funding
To address this crisis, NYDA is calling upon Governor Hochul, and New York legislators to implement the full 5.4% COLA in the FY 2023 State Budget, to compensate for the deficit payments of the last years, which has resulted in the current workforce crisis. Full implementation of the COLA would immediately improve recruitment and retention of workers employed by voluntary providers, as well as provide for inflationary cost increases.
NYDA is also calling on the State to build on the investment that the Federal Government has made to make permanent the 20% DSP Wage Bonus and authorize providers to build this enhancement into their wages moving forward. Additionally, to recognize the life-preserving, essential, yet demanding work of Direct Support Professionals (DSP), NYDA is calling on the state to implement a personal DSP income tax credit.
Retention and Education
Recognizing that recruitment and funding are only part of the solution to solve the workforce crisis that the I/DD community is currently facing, NYDA will also be prioritizing the implementation of professional DSP development programs to increase retention rates. SUNY and CUNY Direct Support Professional Credit and Career Ladder programs will serve as a pipeline for students to enter a successful career in the human services field. Once in the field, established career pathways and advanced training opportunities, through DSP credentialing programs, will enable DSPs to build upon their competencies and experience, improving and sustaining the I/DD sector through the future.
About New York Disability Advocates (NYDA)
(NYDA) is a statewide coalition of more than 300 non-profit organizations providing vital services and support to more than 125,000 New Yorkers with intellectual and developmental disabilities.
NYDA Legislative Roundtable on Dec. 15
Hear @SenJohnMannion, @TomAbinanti & members of the Senate & Assembly DD Committees discuss I/DD priorities in the upcoming budget. Register at https://t.co/bnlog3LPLY, then follow NYDA on Facebook (https://t.co/ycG0dtTZxH) and get an alert when it goes live!@NYDisabilityAdv pic.twitter.com/U3B9zRNChl
— cpofnys (@cpofnys) December 9, 2021
CP State Offering Online Curriculum to Improve I/DD Healthcare
Better Care=Better Lives
CP State Offering Online Curriculum to Improve I/DD Healthcare
Featuring Continuing Education Courses for Clinicians in New York StateThe “Curriculum in IDD Healthcare”, written and delivered by Craig Escude, MD, FAAFP, FAADM, with over 20 years’ experience providing medical care for people with intellectual and developmental disabilities, is an online training course which includes 5 hours of CME credit for prescribing clinicians and 6 CEU nursing credits. There are six (6) modules within the course covering everything from healthcare basics in I/DD to common behavioral presentations of medical conditions in people with I/DD. Learners can complete this 4.5 hour course at their own pace through CP State’s learning management system.
The “Fatal Five Advanced E-Learn Course” was developed to educate clinicians on the topic of the fatal five conditions affecting individuals with IDD, to include: aspiration, bowel obstruction, dehydration, seizures, sepsis, and GERD. This 6-hour self-paced course provides 7 CEU credit hours for registered nurses.
Additional training courses are available for case managers, direct support professionals, and non-clinical personnel. CP State will continue to add new courses to the library as they become available.
All courses will be presented on the SAP/Litmos learning management system platform, administered by CP State. To sign up for your free account to gain access to our online library of training courses, visit www.cpstate.org/bettercare. Please allow 1-2 business days for your account to be established. At that point, you will receive an email generated directly from SAP/Litmos. Note: The SAP/Litmos email may end up in your junk or spam folders unless you alert your IT staff or spam filter to allow an email to come from this source. The SAP/Litmos email will provide a link for creating your own personal password and finalizing your new account. CP State will follow up with a separate email to you which includes step-by-step instructions on accessing the training courses.
Please forward this information to any and all health professionals within your organization and your community. Anyone can take advantage of this educational series as a way to improve performance in delivering high quality services to individuals with intellectual and developmental disabilities.
If you have any questions, please feel free to reach out to Cindy Morris, Project Director for the Clinician Training Program, at (518) 612-4510 or via email at cmorris@cpstate.org. Thank you.
OPWDD advises vaccination deadline for staff extended to Jan. 14
We have been advised this morning by OPWDD that the deadline for staff to be fully vaccinated in order to take advantage of the bonus is extended from December 1, 2021 to January 14, 2022.
The vaccine incentive payment is for qualified workers who have been fully vaccinated* by 1/14/2022 at $500/FTE, $250/ part-time employee (at least 20 hours), and $125/part-time employees working less than 20 hours/week
*Fully vaccinated means one dose of J&J or both doses of Pfizer or Moderna administered no later than 1/14/2022. The payroll language will no longer be included, meaning the drop dead date to be eligible will be 1/14/2022.
There will be a webinar on December 2, 2021 at 4 p.m. for providers to learn more about FMAP approval. We will send the link as soon as we receive it.
Gov. announces $1.5 Billion for workers who directly support those with I/DD
Governor Kathy Hochul has announced that the New York Office for People with Developmental Disabilities will provide over $1.5 billion in one-time American Rescue Plan Act Funding to support recruitment efforts, retention incentives and vaccination bonuses for direct support professionals who provide support for people with developmental disabilities in an effort to address workforce shortages in this field.
“Direct Support Professionals provided essential support to people with developmental disabilities throughout the pandemic when we needed them most, in spite of the risk to themselves and their own families,” Governor Hochul said. “We owe these workers a debt of gratitude and the American Rescue Plan funding paves the way for bonuses, incentives and one time pay raises to help keep these hardworking, loyal and devoted workers doing what they love most, supporting people with developmental disabilities.”
New York State submitted its initial draft spending plan to the Centers for Medicare and Medicaid Services for the enhanced federal funding provided by the American Rescue Plan Act of 2021 on July 8, 2021. The CMS has provided partial approval of the plan as it relates to the workforce.
As approved, OPWDD’s plan targeted most of the funding to workforce initiatives, including payments to provide bonuses to DSPs and family care providers. OPWDD plans to invest the one-time ARPA funding in workforce improvements and incentives including:
- A “Heroes Fund” which will provide incentive payments to those DSPs who worked during the unprecedented pandemic with additional payments for those who received the COVID vaccine.
- Retention and longevity bonuses will make additional investments in the workforce by rewarding longevity and providing additional bonuses to staff who remain in the DSP workforce.
- Long-term recruitment and retention strategies which will be developed and tested with funding for projects that address the long-term stability of the workforce. Funding will be made available to incentivize credentialing and other strategies that build skills and competency of DSP workforce and front-line supervisors.
Kerri Neifeld tapped as OPWDD Commissioner
Former DSP Jihoon Kim named Deputy
CP State welcomes Dr. Sharon Carpinello to the team
The former OMH Commissioner will guide mental health strategy for Affiliates
Cerebral Palsy Associations of NYS is proud to announce that former NYS Office of Mental Health Commissioner Dr. Sharon Carpinello is joining our team to guide our mental health advocacy strategy and serve as a consultant to support Affiliates.
With the increasing expressed need of the prevalence of mental health issues in the people we support and the barriers presented in the State’s current siloed funding and oversight, Sharon will be an invaluable resource for CP of NYS and our Affiliates as we navigate these issues and identify strategic options to better meet the growing needs.
This proactive step to better support our Affiliates comes at a time of great change in the disability movement and we believe Sharon’s wealth of knowledge and experience is truly a case of “the right person at the right time” in our system’s evolution. In the years since she was the Commissioner of OMH, Sharon has remained an advocate for people with disabilities. Her roles in the legislature as a mental hygiene staff consultant and principal analyst includes analysis and negotiations of the Executive Budget as it pertained to people with developmental disabilities, substance abuse problems, serious mental illness and people who are incarcerated.
Dr. Carpinello has devoted much of her life to people with developmental disabilities and mental illness. Her motto about wellness is: “at home, in the community, at work, in school and with friends”. We’re fortunate to have her on the team. Please join us in welcoming her to the CP family!
2021 Conference Feedback
Legislative priorities call for investment in NY’s Care Economy
CP State and its partners in New York Disability Advocates have released 2022 Legislative Priorities. Focused on the workforce crisis, they call for an investment in New York’s care economy.
COLA – Projected to be 5.4% for FY 2023
Following a decade of provider agencies not receiving the statutory required cost of living adjustment (COLA), the significant fiscal impacts of COVID-19 and the current level of inflation, agencies have experienced significant cost drivers that necessitate the full 5.4% COLA, as provided for in the July 2021 CPI-U report.
Agencies have seen significant cost increases related to mandated fringe benefits, repairs and maintenance, utilities, food, supplies, transportation an
d insurance over the past 12 months which has resulted in significant financial pressure on agencies. Additionally, since the I/DD provider agencies are solely funded by Medicaid funding, agencies are unable to increase the cost of services to compensate for increased costs of operations. This has also directly led to provider agencies inability to invest in workforce wages for direct care workers, which has resulted in wage stagnation for the past decade.
Workforce Funding
Continued investment in DSPs’ salaries is vital to the ability of the field to recruit and retain staff, and for future viability of the field.
As proposed as part of the OPWDD eFMAP plan, direct care CFR Title Code 200 series staff will receive a 20% increase. It is critical to maintain and expand 20% wage enhancements to continue these significant efforts. To bolster this significant investment, we recommend the following actions:
• Expand to CFR Title Code 100 and 300 Series Frontline Workers.
• Secure a commitment to continued funding of the 20% wage enhancement to prevent a fiscal cliff.
Recruitment and Retention
In addition to increased wages for staff, the following strategies as put forth by NYDA through the Workforce White Paper and by provider associations have been identified as priorities for inclusion:
• Establishing a Personal Income Tax Credit for Direct Care Staff
o This would be a $2,500 – $5,000 refundable personal income tax credit for employees providing direct care to individuals with I/DD, employed by a not-for-profit provider
agency and would be phased out on individuals with AGI in excess of $50,000 and would be limited to those with AGI under $100,000.
• Implementation of Statewide Recruitment Programs
o Expansion of the current BOCES and Community College Programs Statewide to facilitate employment in the direct care field.
• Implementation of Credential and Career Ladder Programs
o Credential Program – Advance language in the SFY 2023 Budget to implement a statewide standardized DSP credential program and continue funding to provide wage enhancements for DSPs, which will build upon the $20 million eFMAP proposal put forth by OPWDD.
o Career Ladder – Advance language in the SFY 2023 Budget to establish a career ladder program, which will provide a pathway to an associate’s degree in the human services field for current DSPs.
• State of New York Advocacy for Federal Direct Support Professionals Standard Occupational Classification
• The Arc New York’s Regulatory Reform Proposals
Rate Reform
Currently, OPWDD is in the midst of developing a new rate methodology, which will have significant implications for voluntary provider agencies for years to come. Through this process, agencies have been engaging with OPWDD and other stakeholders on the technical aspects of the rate redesign. However, provider agencies have expressed significant concern around the potential outcome of the final rate methodology, which may result in significant losses for provider agencies statewide for years to come.
Specifically, concerns have been raised that due to the rate methodology change, agencies that have invested in direct care wages will be penalized due to the proposed regional cost approach that is currently being contemplated. Given the workforce emergency that exists in the field, this is a major concern and could result in irreparable harm. We ask that the rate reform process recognize the significant challenge providers are facing and that the new methodology not contain any component that would remove or negate any investment the legislature or providers have made in the workforce.
Additionally, concerns have been raised about the ability for the CAS to predict enhanced staffing needs based on the lack of ability to identify the intensity of service needs for individuals, resulting in individuals being classified into lower tier classifications.
While this process is still evolving and we are committed to working collaboratively with OPWDD and the State to develop a methodology that provides fair and equitable rates for years to come, we do wish to express our concerns at the current juncture.