The New York Association on Independent Living has released a statetment today on the Governor's veto on the Office of the Advocate for People with Disabilities bill. Advocates and the bill's sponsors, Senator Skoufis and Assemblyman Steck, have worked tirelessy over the past year to pass the bill. The Associaton's press release recognizes the possible opportunities of the Governor creating a Chief Disability Officer in moving forward on issues vital to people with disabilities, but the overall mood is cautiously optimistic. There are concerns on the potential level of engagement with the new officer and the ability of one person to handle the volume of work involved. 

You can read the full press release at: https://ilny.us/latest-news/16-newsroom/press-releases/359-independent-living-community-reacts-to-governor-cuomo-veto-of-legislation-to-create-a-state-office-of-the-advocate-for-persons-with-disabilities


The New York Association on Independent Living has announced that the annual Budget Advocacy Day will be held on February 10th in 2020. The event brings together the statewide independent living movement in New York to advocate and inform lawmakers in Albany. A large turnout is expected due to concerns over potentially significant cuts to the Medicaid program and what that might mean to programs vital to the independence of people with disabilities. Items of particular concern in next year's budget include funding for the Consumer Directed Personal Assistance Program (CDPA), Independent Living Center funding, and Access to Home funding. NYAIL will hold the event in collaboration with the Consumer Directed Personal Assistance Association of New York State (CDPAANYS).

Several speakers from the legislature and ILCs are expected during the hour long program set to start at 11 a.m. in the Well of the Legislative Office Building (LOB) in downtown Albany, N.Y. More details will be made available in the new year. 

NYAIL has also released a Budget Priorities Letter to the Governor that outlines many issues that will hopefully be addressed in his upcoming budget due out next month. The letter is available at the following link

 

 

 


Judge strikes down the State’s cuts to CDPAP, declares it unconstitutional!

On October 10, Judge Christina Ryba found in favor of NYAIL and our co-plaintiffs in our lawsuit against the Department of Health over their new policy that made devastating cuts to the Consumer Directed Personal Assistance (CDPA) program! 

NYAIL, CDPAANYS, HCP, and 11 Fiscal Intermediaries (FIs) brought a lawsuit against the Department of Health (DOH) to stop their July 1 policy from going into effect. This policy switched the administrative payment model to a Per Member Per Month (PMPM) model. Worse, it set the rates so low it would have put most all FIs out of business.

Over 70,000 people with disabilities and seniors rely on CDPA to live at home and stay out of institutions. CDPA puts the individual in control of their services. They hire and train their own aides. FIs provide crucial administrative supports to the individuals. CDPAP cannot work without the services provided by FIs. DOH’s July 1 policy put the whole program in jeopardy by setting the rates too low to support the program.

On October 10, Judge Christina Ryba found in our favor. She found that DOH failed to follow the State Administrative Procedures Act, and as a result, declared their July 1 policy null and void.

This is a big win! But the fight isn’t over. We do not yet know what DOH will do next. However, it gives us an opportunity to advocate with DOH to restructure the rates in a way that will achieve savings to the State, while preserving the program.

Coverage:

Judge: Cuts to New York home care program unconstitutional - Times Union

Groups that help disabled & elderly win lawsuit against NYS | WBFO

Crisis Averted: Court Strikes Down Rate Changes Set to Compound Caregiver Shortage  - Home Health Care News