(L-R) NYSARC President John A. Schuppenhauer, Esq., NYSARC Executive Director Marc Brandt, NYRA CEO Jeff Wise

At the invitation of the Governor’s Office and James Introne, the Governor’s Secretary for Human Services, NYSARC President John Schuppenhauer, Esq. and Executive Director Marc Brandt appeared before the press to weigh in on behalf of the Governor’s initiative to control excessive executive compensation.  Jeff Wise, NYRA’s CEO, also joined NYSARC’s executive director and president.

Also fielding questions were the Secretary to the Governor, Larry Schwartz; the Governor’s Special Counsel for Integrity and Ethics Reform, Jeremy Creelan; and, the Governor’s liason to nonprofit agencies, Fran Barrett.

About 30 members of the press attended the conference which was held in the Blue Room of the State Capitol.  Jim Introne and Commissioner Burke also looked on.

The regulations are a result of Governor Cuomo’s Executive Order #38.  They will be sent to the State Register today and the Governor’s Office expects them to be published on May 30th.  The regulations will prohibit the use of more than $199,000 to fund executive compensation.  That cap, however, will be subject to certain additional requirements.  A waiver process for amounts in excess will be instituted as part of the process.

To view a complete copy of the regulations to be submitted see

Copy of Complete Proposed Regulations: Executive Compensation Regulations (.pdf)

Questions from the press covered a wide range of topics including the regulations themselves, the number of agencies impacted, how existing salaries exceeding the cap will be treated, and the potential reporting burden to agencies of the new requirements.

The Governor’s top staff were very positive about the role played by the nonprofit sector.  Larry Schwartz, Secretary to the Governor, said that this was about a very few “bad apples.”

Prior to questions from the press, Marc and Jack gave brief remarks:

Remarks by NYSARC President and Executive Director at Press Conference

• Statement from Marc Brandt (.doc)

• Statement from Jack Schuppenhauer (.doc)

“Advocate for the developmentally disabled Michael Carey blasted Gov. Andrew Cuomo’s plan to overhaul how abuse at group homes managed or licensed by the state, saying it provides for too many loopholes and was put together by an official who helped hide crimes.

Carey’s son Jonathon died under state supervised care and has since become a well-known and familiar sight at the Capitol. He is also not easily dismissed, partly thanks to the deeply tragic story of his son, knowledge of the issues and his ability to garner press attention.”

Read the full story: http://www.capitaltonight.com/2012/05/carey-blasts-justice-center-legislation/

“Some of us may have thought we’d be gliding toward the end of this year’s legislative session, set for June 21, but Gov. Andrew Cuomo just disabused the legislature and press corps of that notion, saying his priority for the next seven weeks would be to enact a sweeping set of reforms to better protect disabled people who are under state care or are served by non profit groups licensed by the state.

“This is going to be a major undertaking for the entire Administration…This is going to be difficult to get done. We only have a short time left in the session,” Cuomo said during a press availability at one of his periodic cabinet meetings in the Capitol’s Red Room.

In addition to creating a new protective agency to investigate prosecute and record instances of abuse and neglect, the governor wants sweeping laws that make it easier to fire the minority of people who abuse or neglect those in their care. He also wants to rationalize the crazy quilt of standards, laws and guidelines for care of the disabled and vulnerable.”

Read the full article

Gov. Andrew M. Cuomo after announcing legislation Monday to create a state agency that would fight abuse of disabled patients.

“With just seven weeks to go in the legislative session, Gov. Andrew M. Cuomo said Monday that he was determined to win passage of legislation overhauling the state’s response to the abuse and neglect of vulnerable residents.

There was reason for him to be both optimistic and cautious. The Assembly speaker, Sheldon Silver, a Democrat, and the Senate majority leader, Dean G. Skelos, a Republican, appeared alongside the governor at a news conference when he unveiled the new proposals and had nice things to say about him and his ideas. But neither lawmaker endorsed the specifics.

Labor unions, the largest potential stumbling block to legislation that could lead to discipline of public workers, did not attack his proposals in their initial statements, suggesting they might be open to a dialogue.”

Read the rest of the article: http://www.nytimes.com/2012/05/08/nyregion/signs-of-support-as-cuomo-outlines-plan-on-disabled-abuse.html

NY Times Also Publishes Editorial, “Monitoring Care for the Disabled”

“Gov. Andrew Cuomo has finally come up with a comprehensive plan to monitor thousands of New York’s private and public facilities. The legislative package he released this week would create a new agency to oversee homes for about a million people who are disabled or mentally ill. It is a sensible, straightforward proposal that legislators and unions should support.”

Read the full editorial: http://www.nytimes.com/2012/05/08/opinion/monitoring-care-for-the-disabled.html?_r=1&partner=rssnyt&emc=rss

Brett Anson and the Anson Family (from our Oneida-Lewis Counties Chapter) with Governor Cuomo

The Justice Center is the centerpiece of the Governor’s sweeping initiative to overhaul the State’s systems for curbing and controlling abuse of vulnerable persons.

http://www.governor.ny.gov/Justice4SpecialNeeds/home

Click the link above.  To get to the Center for Justice site, you’ll need to cancel “Get Involved” and the Center for Justice site will open.

“Governor Andrew M. Cuomo today unveiled new legislation to establish the strongest standards and practices in the nation for protecting people with special needs and disabilities. Governor Cuomo’s legislation will create a new Justice Center for the Protection of People with Special Needs, an initiative that will transform how the state protects over one million New Yorkers in State operated, certified or licensed facilities and programs.

The Justice Center will have a Special Prosecutor and Inspector General for the Protection of People with Special Needs who will investigate reports of abuse and neglect and prosecute allegations that rise to the level of criminal offenses. It will also include a 24/7 hotline run by trained professionals, a comprehensive statewide database that will track all reports of abuse and neglect and a statewide register of workers who have committed serious acts of abuse who will be prohibited from ever working with people with disabilities or special needs.

‘This is about safeguarding the civil rights of the more than one million New Yorkers with disabilities and special needs who for too long have not had the protections and justice they deserve,’ Governor Cuomo said. ‘The creation of a Justice Center for the Protection of People with Special Needs will give New York State the strongest standards and practices in the country for protecting those who are often the most vulnerable to abuse and mistreatment. I urge the Legislature to speedily pass this bill and give people with special needs and disabilities a new level of protection and service in our state.’”

Read the full press release:
http://www.governor.ny.gov/press/05072012-First-to-protect-special-needs

“Gov. Andrew M. Cuomo, seeking to strengthen the state’s chronically weak response to abuse of disabled people who live in publicly financed homes, plans this week to propose creating an agency dedicated to investigating problems with the care of nearly one million vulnerable New Yorkers.

The new law enforcement and oversight agency would monitor those in state or private care who have developmental disabilities like autism or cerebral palsy, mental illnesses including schizophrenia, and other conditions, among them traumatic brain injuries, that put them at risk. The agency would employ a special prosecutor and would be granted subpoena power and the authority to convene grand juries, according to a draft plan obtained by The New York Times.”

Read more:
http://www.nytimes.com/2012/05/07/nyregion/governor-to-propose-new-agency-to-fight-abuse-of-disabled.html?_r=1

The recently released Q and A document between CMS and OPWDD is a more current reflection of events.

To view the CMS link or to provide comments to CMS on the People First Waiver  go to:  http://cmsideas.uservoice.com/forums/159803-section-1115-demonstrations-ny-people-first

CMS posted the link in response to new transparency rules that went into effect and were required as part of the Affordable Care Act.  To read about that go to:  http://theccfblog.org/2012/04/medicaid-and-chip-waiver-transparency-rules-take-effect-today-cms-unveils-new-waiver-website.html

In the recent Albany Law School vs. OPWDD case, OPWDD has successfully appealed the decision of the Appellate Division Third Department (NYSARC, Inc. was amicus curiae as referenced on page 23 of the decision summary below). In summary, OPWDD successfully reversed the decision of the Trial Court that “involved family members” and/or “qualified family members”  do not need to be consulted prior to Protection and Advocacy for Persons with Developmental Disabilities (PADD) lawyers examining their relative’s OPWDD clinical records.

As a result of  the appeal, OPWDD and NYSARC have made sure that families do have to be consulted and are back in the position where they should be–standing careful watch over the privacy and dignity of our loved ones in the care of the OPWDD system.

Read the full decision (.pdf)

However, the Commissioner noted that “the movement to managed care and the timeline it will require for OPWDD has not changed.”

This assessment comes on the heels of ongoing discussions with CMS.  A switch to another type of waiver had been rumored. Please see the full letter below:

“April 26, 2012

Dear Friends:

We are continuing to make significant progress in development of the People First Waiver, and I would like to share the latest information on some recent events and ongoing discussions.

This month, we made seven public presentations, which were attended by more than 850 people statewide. For those who were unable to attend, video of the presentation is available online. To date, we have conducted more than 100 public presentations or discussions on this critical initiative.

Many stakeholders are asking about our goals for the waiver, and what this process will look like. To help answer people’s questions, we have produced an introductory waiver presentation that gives an overview of what a waiver is, why it is necessary to what OPWDD is trying to achieve, and what to expect throughout its development. That presentation may also be found online.

Here is some additional up-to-date information:

• At this time, OPWDD is negotiating with the Centers for Medicare & Medicaid Services (CMS) on the financial framework and to define the boundaries of the flexibility that we believe are needed to improve the quality of supports and services in the future. After our most recent discussions with CMS, we recognize that an 1115 federal waiver may not be the best vehicle to use to meet our goals. Therefore, moving forward, in the event that a waiver to a different section of federal law is what we seek, this initiative will be referred to only as the People First Waiver.
• The movement to managed care and the timeline it will require for OPWDD has not changed, since our approach all along has been that this is a multi-year process. However, due to ongoing discussions, our timeline may shift slightly into the future.

This system redesign is a journey, and one that requires all of us—individuals and their families, nonprofit providers and OPWDD staff—to collaboratively build a sustainable service delivery system for the future.

Thousands of people have joined this endeavor. I very much appreciate your involvement to date, and look forward to hearing your suggestions as we move forward.

Sincerely,

Commissioner Burke

P.S. Communication is critical to our collective success, and OPWDD’s Facebook page is a great place for individuals, family members, employees, advocates, and other stakeholders to exchange thoughts and ideas. Please feel free to join the conversation.”