3/13/13 N.Y. St. Reg. Miscellaneous Notices/Hearings
NEW YORK STATE REGISTER
VOLUME XXXV, ISSUE 11
March 13, 2013
MISCELLANEOUS NOTICES/HEARINGS
Notice of Abandoned Property Received by the State Comptroller
Pursuant to provisions of the Abandoned Property Law and related laws, the Office of the State Comptroller receives unclaimed monies and other property deemed abandoned. A list of the names and last known addresses of the entitled owners of this abandoned property is maintained by the office in accordance with Section 1401 of the Abandoned Property Law. Interested parties may inquire if they appear on the Abandoned Property Listing by contacting the Office of Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 p.m., at:
1-800-221-9311 or visit our web site at: www.osc.state.ny.us
Claims for abandoned property must be filed with the New York State Comptroller's Office of Unclaimed Funds as provided in Section 1406 of the Abandoned Property Law. For further information contact: Office of the State Comptroller, Office of Unclaimed Funds, 110 State St., Albany, NY 12236.
PUBLIC NOTICE
County of Cattaraugus
The County of Cattaraugus is requesting proposals from qualified administrative services agencies, and/or financial organizations relating to administration, trustee services and/or funding of a deferred compensation plan for employees of The County of Cattaraugus meeting the requirements of Section 457 of the Internal Revenue Code and Section 5 of the State Finance Law, including all rules and regulations issued pursuant thereto.
A copy of the proposal questionnaire may be obtained from: David R. Moshier, e-mail: drmoshier@cattco.org, Cattaraugus Co. Human Resources, 303 Court St., Little Valley, NY 14755
All proposals must be submitted no later than 30 days from the date of publication in the New York State Register no later than 4:30 p.m.
PUBLIC NOTICE
Division of Criminal Justice Services Commission On Forensic Science
Pursuant to Public Officers Law section 104, the Division of Criminal Justice Services gives notice of a meeting of the New York State Commission on Forensic Science to be held on:
Date:
Wednesday, April 10, 2013
Time:
1:00 PM
Place:
Division of Criminal Justice Services
80 S. Swan St.
1st Fl.
Albany, NY
Video Conference Site:
Empire State Development Corporation (ESDC)
633 3rd Ave.
37th Fl.
New York, NY
Identification and sign-in are required at Empire State Development Corporation site. For further information, or if you need a reasonable accommodation to attend this meeting, contact Louis Stellato, Division of Criminal Justice Services, Office of Forensic Services, Four Tower Place, Albany, NY 12203 (518-457-1901).
PUBLIC NOTICE
Division of Criminal Justice Services DNA Subcommittee
Pursuant to Public Officers Law section 104, the Division of Criminal Justice Services gives notice of a meeting of the DNA Subcommittee to be held on:
Date:
Friday, March 15, 2013
Time:
9:30 a.m.
Place:
Empire State Development Corporation (ESDC)
633 3rd Ave.
37th Fl.
New York, NY
Identification and sign-in are required at this location. For further information, or if you need a reasonable accommodation to attend this meeting, contact Louis Stellato, Division of Criminal Justice Services, Office of Forensic Services, Four Tower Place, Albany, NY 12203 (518-457-1901).
PUBLIC NOTICE
New York City Deferred Compensation Plan/NYCE IRA
The New York City Deferred Compensation Plan/NYCE IRA (the “Plan”) is seeking qualified vendors to provide daily or as necessary liquidity through the use of a low duration wrapped bond portfolio, an insurance company separate account portfolio and/or a commingled stable value fund for the Stable Income Fund investment option of the Plan. To be considered, vendors must submit their product information to Mercer Investment Consulting. Vendors should input or update their product information, as applicable, on Mercer’s Global Investment Management Database (GIMD). The address for the website is: www.mercergimd.com. Vendors not already registered, please call (866) 657-6487 for a user I.D. and password to access the database. There is no fee for entering product information on the database. Please complete the submission of product information in the Mercer database no later than 4:30 P.M. Eastern Time on Thursday, April 19, 2013. Also, please visit the Plan’s website at www.nyc.gov/olr and review the participant communications regarding the Stable Income Fund. The Plan also recommends that vendors interested in this procurement download and review the applicable documents from the Plan’s website.
If you have any questions regarding the materials on the Plan’s website, please fax your questions to (212) 306-7376. Please contact Beth Ripston of Mercer Investment Consulting at (212) 345-4992, if you have any investment-related questions.
PUBLIC NOTICE
Office for People with Developmental Disabilities and Department of Health
Pursuant to 42 CFR Section 447.205, the New York State Office for People with Developmental Disabilities (OPWDD) and the New York State Department of Health propose to amend the Title XIX (Medicaid) State Plan for Intermediate Care Facilities for the Developmentally Disabled (ICF/DDs) and to amend the comprehensive home and community based services waiver operated by OPWDD. The following provides clarification to provisions previously noticed on June 27, 2012, and notification of new significant changes.
The State proposes to change the methods and standards for setting Medicaid payment rates for ICF/DDs that are operated by OPWDD. These facilities include developmental centers and communitv- based State-operated Intermediate Care Facilities for the Developmentally Disabled (SOICF/DD's).
This change will be effective April 1, 2013.
Base Periods and Subsequent Periods
There will be a base rate and a subsequent rate, and there will be a base period and a subsequent period.
A base period will begin April 1 and end the following March 31. A subsequent period will begin April 1 and end the following March 31. Each base period will be immediately followed by a subsequent period and each subsequent period will be immediately followed by a base period.
The first base period will be April 1, 2010 to March 31, 2011. This base period will be used in calculating the base rate for the rate period April 1, 2013 through March 31, 2014.
General
There will be one statewide rate for all developmental centers, and one statewide rate for all SOICF/DDs.
The rate will be total reimbursable costs divided by the units of service. Total reimbursable costs will be reimbursable oper¬ating costs, day services costs, education costs and reimbursable capital costs. OPWDD will update capital costs on an annual basis, using the latest available CFR.
OPWDD will update the census (for developmental centers) and certified capacity (for SOICF/DDs) annually based on the number of individuals in the facility as of March 31 of the immediately preceding rate period.
For new facilities, the initial base rate will be the statewide rate, until the beginning of the next rate cycle, when the census (for developmental centers) or certified capacity (for SOICF/DDs) will be updated.
There will be no supplemental payment as described in the June 27, 2012 notice.
Trend Factors
Trend factors will be based on the percentage increase as reported from the U.S. Bureau of Labor and Statistics website; it will be based on the annual April to April movement of the CPI-U Medical Services Index.
Units of Service
The units of service will be based on the census for developmental centers, and on certified capacity for SOICF/DDs.
The projected units of service for developmental centers will be based on the census on the last day of the previous rate period, adjusted for the number of anticipated individuals moving to the community.
The projected units of service for SOICF/DDs will be the certified capacity on March 31 of the immediately preceding rate period, multiplied by 365 and by a historic utilization factor.
Base Rate – General
The base rate will be computed on the basis of a full 12-month cost report for 4/1/2010 – 3/31/2011, adjusted for errors which occurred in the rate computation, changes in capital costs and changes based on audit findings. Thereafter, the base period used to calculate the rates will be updated every two years, using the latest available Consolidated Fiscal Report (CFR). The reimbursable operating costs will be re-based every two years.
Subsequent Rate
Total reimbursable costs in the subsequent rate will be the sum of trended reimbursable operating costs, trended day service costs, trended education costs and reimbursable capital costs.
OPWDD will determine the total operating costs in the rate in effect on March 31 of the immediately preceding rate period. OPWDD will update day service costs and education costs. The operating costs, plus any updated day service costs and education costs will be increased by the trend factor and adjusted for appropriate appeals.
Initial Base Rate (4/1/13 – 3/31/14)
For existing facilities, the April 1, 2013 to March 31, 2014 base rate will be computed as follows.
OPWDD will determine total reimbursable salary per person per diem amounts for the categories of program administration, direct care, support and clinical as follows. OPWDD will calculate a per person average staffing ratio using full time equivalent (FTE) staffing numbers and the census (for developmental centers) or capacity (for SOICF/DDs) from the 2010 - 2011 cost report. OPWDD will calculate an average salary using the same cost report. OPWDD will multiply the staffing ratio by the census (for developmental centers) or certified capacity (for SOICF/DDs) on March 31, 2013 to arrive at the total number of FTEs for the category. OPWDD will multiply the total number of FTEs by the average salary to arrive at the total salary cost for the category. The result will be trended and divided by the total projected units of service to arrive at the salary per person per diem for the category.
OPWDD will apply fringe benefits to the trended allowable personal service dollars at a rate allowed by the State Division of Budget and Office of the State Controller (OSC) in the Annual Accounting Bulletin regarding fringe benefits paid to New York State employees. The result will be divided by the total projected units of service to arrive at the fringe per person per diem. Fringe benefit related accruals will also be included.
OPWDD will calculate a non personal service cost per person per diem using the non-personal service expenditures from the 2010 - 2011 cost report. These expenditures will be trended and divided by the total projected units of service to arrive at the non-personal service cost per person per diem.
OPWDD will calculate per person per diem allocated program costs using the allocated program costs that are considered integral to, or an extension of, the service from the 2010 - 2011 cost report. These costs will be trended and divided by the total projected units of service to arrive at the allocated program costs per person per diem.
There will be a day services add-on so that facilities with day services in their rates will be reimbursed for these costs. The costs will be trended. The day services add-on will be based on actual day service costs from the CFR.
There will be an add on for education to reimburse facilities for education costs. These costs will be based on the costs provided by the State Education Department and will be trended.
OPWDD will sum the per person per diem salary amounts for each category, the fringe benefit per person per diem, the non personal service per person per diem, the allocated program costs per person per diem, and the day services and education add-ons for to arrive at the total trended reimbursable per diem.
Home and Community Based Services Waiver
The methodologies for residential and day habilitation provided by OPWDD will change effective April 1, 2013.
There will be a base price and a subsequent price, and there will be a base period and a subsequent period.
A base period will begin April 1 and end the following March 31. A subsequent period will begin April 1 and end the following March 31. Each base period will be immediately followed by a subsequent period and each subsequent period will be immediately followed by a base period.
The first base period will be April 1, 2010 to March 31, 2011. This base period will be used in calculating the base price for the price period April 1, 2013 through March 31, 2014.
The price will be total reimbursable costs divided by the units of service.
The base price will be computed on the basis of a full twelve month cost report for the base period. Thereafter, the base period prices will be computed on the basis of a cost report for the twelve month period beginning 36 months prior to the price period.
For the base price OPWDD will determine total reimbursable operating costs. OPWDD will determine total reimbursable per unit of service amounts for the categories of administration, direct care, support and clinical. Using capacity, there will be an average salary and staffing ratio calculated using the base period cost report. Using capacity OPWDD will also calculate a per person non personal service amount based on the base period cost report. OPWDD will apply fringe benefits to the personal service dollars at a rate stated in the Office of the State Controller annual accounting bulletin regarding fringe benefits paid to New York State employees.
Trend factors will be based on the percentage increase as reported from the U.S. Bureau of Labor and Statistics website; it will be based on the annual April to April movement of the CPI-U Medical Services Index.
There will be no supplemental payment as described in the June 27, 2012 notice.
The reason for all of these proposed changes is to more closely align rates and prices with the costs of providing these services.
The State estimates that there will be a decrease in annual aggregate expenditures of approximately $1 billion as a result of this change.
Outside New York City, a detailed description of the changes is available for public review at the following addresses:
Albany Albany County Department of Mental Health 175 Green St. Albany NY 12202
Allegany Allegany County Mental Health Department 45 North Broad St. Wellsville NY 14895
Broome Broome County Mental Health Department 229-231 State St., Fl. 4 Binghamton NY 13901-6635
Cattaraugus Cattaraugus County Community Services 1 Leo Moss Dr., Suite 4308 Olean NY 14760
Cayuga Cayuga County Mental Health Department 146 North St. Auburn NY 13021
Chautauqua Chautauqua County Mental Health Services HRC Bldg., 7 N. Erie St., 1st Floor Mayville NY 14757
Chemung Chemung County Mental Health Hygiene Department 425 Pennsylvania Ave. Elmira NY 14902
Chenango Chenango County Mental Hygiene Services County Office Bldg., 5 Court St., Ste. 42 Norwich NY 13815
Clinton Clinton County Mental Health/Addictions Services 16 Ampersand Dr. Plattsburgh NY 12901
Columbia Columbia County Department of Human Services 325 Columbia St. Hudson NY 12534
Cortland Cortland County Community Services 7 Clayton Ave. Cortland NY 13045
Delaware Delaware County Mental Health Clinic 1 Hospital Rd. Walton NY 13856
Dutchess Dutchess County Department of Mental Hygiene 82 Washington St. Poughkeepsie NY 12601
Erie Erie County Department of Mental Health 95 Franklin St., Rm. 1237 Buffalo NY 14202
Essex Essex County Mental Health Services 7513 Court St. Elizabethtown NY 12932
Franklin Franklin County Community Services 70 Edgewood Rd., PO Box 1270 No. Saranac Lake NY 12983
Fulton Fulton County Mental Health Clinic 57 E. Fulton St., Rm. 106 Gloversville NY 12078
Genesee Genesee County Mental Health Services 5130 E. Main Rd., Suite 2 Batavia NY 14020
Greene Greene County Department of Mental Health 905 Greene County Office Bldg. Cairo NY 12413
Hamilton Hamilton County Community Services 83 White Birch Lane Indian Lake NY 12842
Herkimer Herkimer County Mental Health Services 301 North Washington St., Ste. 2470 Herkimer NY 13350
Jefferson Jefferson County Community Services 175 Arsenal St. Watertown NY 13601
Lewis Lewis County Mental Hygiene Department 7714 Number Three Rd. Lowville NY 13367
Livingston Livingston County Community Services 4600 Millennium Dr. Geneseo NY 14454
Madison Madison County Mental Health Department Veterans' Memorial Bldg. Wampsville NY 13163
Monroe Monroe County Office of Mental Health 1099 Jay St., Bldg. J, Ste. 201A Rochester NY 14611
Montgomery Montgomery County Department of Community Services St. Mary's Hospital 427 Guy Park Ave. Amsterdam NY 12010
Nassau Nassau County Department of Mental Health Chemical Dependency and Developmental Disabilities Services 60 Charles Lindberg Blvd., Ste. 200 Uniondale NY 11553
Niagara Niagara County Department of Mental Health 5467 Upper Mountain Rd., Ste. 200 Lockport NY 14094
Oneida Oneida County Department of Mental Health 235 Elizabeth St. Utica NY 13501
Onondaga Onondaga County Department of Mental Health 421 Montgomery St., 10th Fl. Syracuse NY 13202
Ontario Ontario County Mental Health Department 3019 County Complex Dr. Canandaigua NY 14424
Orange Orange County Department of Mental Health 30 Harriman Dr. Goshen NY 10924-2410
Orleans Orleans County Mental Health/Community Services 14014 Route 31 West Albion NY 14411
Oswego Oswego County DSS, Division Mental Hygiene 100 Spring St. Mexico NY 13114
Otsego Otsego County Mental Health Clinic 242 Main St. Oneonta NY 13820
Putnam Putnam County Department of Social Services/Mental Health 110 Old Route 6 Carmel NY 10512
Rensselaer Rensselaer County Department of Mental Health 1600 7th Ave. Rensselaer Co. Off. Bldg., 3rd Fl. Troy NY 12180
Rockland Rockland County Department of Mental Health 50 Sanatorium Rd., Bldg. F Pomona NY 10970
Saratoga Saratoga County Mental Health Center 211 Church St., Cramer House Saratoga Springs NY 12866
Schenectady Schenectady County Mental Health Dept. 797 Broadway, Ste. 304 Schenectady NY 12305
Schoharie Schoharie County Community Service and MH 113 Park Pl., Ste. 1, Co. Annex Bldg. Schoharie NY 12157-0160
Schuyler Schuyler County Community Services Mill Creek Ctr., 106 S. Perry St., Ste. 4 Watkins Glen NY 14891
Seneca Seneca County Mental Health Department 31 Thurber Dr. Waterloo NY 13165
St. Lawrence St. Lawrence County Mental Health Clinic 80 State Hwy. 310, Ste. 1 Canton NY 13617-1493
Steuben Steuben County Community Mental Health Center 115 Liberty St. Bath NY 14810
Suffolk Suffolk County Community Mental Hygiene No. County Complex, Bldg. C-928 Hauppauge NY 11788
Sullivan Sullivan County Department of Community Services P.O. Box 716 Liberty NY 12754
Tioga Tioga County Department of Mental Hygiene 1062 State Rt. 38 Owego NY 13827
Tompkins Tompkins County Mental Health Department 201 E. Green St. Ithaca NY 14850
Ulster Ulster County Mental Health Department 239 Golden Hill La. Kingston NY 12401
Warren Warren County Community Services 230 Maple St., Suite 1 Glens Falls NY 12801
Washington Washington County Community Services 230 Maple St., Suite 1 Glens Falls NY 12801
Wayne Wayne County DMH/Behavior Health Network 1519 Nye Rd. Lyons NY 14489
Westchester Westchester County Community Mental Health Department 112 E. Post Rd., 2nd Fl. White Plains NY 10601
Wyoming Wyoming County Mental Health Department 338 North Main St. Warsaw NY 14569
Yates Yates County Community Services 417 Liberty St., Ste. 2033 Penn Yan NY 14527
In New York City, a detailed description of the changes is available for public review at the following OPWDD Office locations:
Metro New York 75 Morton Street New York, New York 10014
Bernard M. Fineson 80-45 Winchester Blvd. Administration Building 80-00 Queens Village, New York 11427
Brooklyn 888 Fountain Avenue Brooklyn, New York 11208
Metro New York 2400 Halsey Street Bronx, New York 10461
Staten Island DDSO 1150 Forest Hill Road Staten Island, New York 10314
For further information and to review and comment, please contact: Donna Cater, Office for People With Developmental Disabilities, 44 Holland Ave., Albany, NY 12229, (518) 474-1745, e-mail: donna.cater@opwdd.ny.gov
PUBLIC NOTICE
Susquehanna River Basin Commission Projects Approved for Consumptive Uses of Water
SUMMARY: This notice lists the projects approved by rule by the Susquehanna River Basin Commission during the period set forth in “DATES.”
DATES: January 1 through January 31, 2013
ADDRESSES: Susquehanna River Basin Commission, 1721 North Front Street, Harrisburg, PA 17102-2391.
FOR FURTHER INFORMATION CONTACT: Richard A. Cairo, General Counsel, telephone: (717) 238-0423, ext. 306; fax: (717) 238-2436; e-mail: rcairo@srbc.net. Regular mail inquiries may be sent to the above address.
SUPPLEMENTARY INFORMATION: This notice lists the projects, described below, receiving approval for the consumptive use of water pursuant to the Commission’s approval by rule process set forth in 18 CFR § 806.22(e) and § 806.22(f) for the time period specified above:
Approvals By Rule Issued Under 18 CFR 806.22(e):
1. Moxie Energy, LLC, Moxie Patriot, LLC Facility, ABR-201301006, Clinton Township, Lycoming County, Pa.; Consumptive Use of Up to 0.060 mgd; Approval Date: January 18, 2013.
2. Moxie Energy, LLC, Moxie Liberty, LLC Facility, ABR-201301007, Asylum Township, Bradford County, Pa.; Consumptive Use of Up to 0.060 mgd; Approval Date: January 18, 2013.
Approvals By Rule Issued Under 18 CFR 806.22(f):
1. EOG Resources, Inc., Pad ID: HARKNESS C Pad, ABR-201301001, Smithfield Township, Bradford County, Pa.; Consumptive Use of Up to 5.000 mgd; Approval Date: January 7, 2013.
2. EOG Resources, Inc., Pad ID: HOPPAUGH C Pad, ABR-201301002, Springfield Township, Bradford County, Pa.; Consumptive Use of Up to 5.000 mgd; Approval Date: January 7, 2013.
3. Chief Oil & Gas LLC, Pad ID: Cochran Drilling Pad, ABR-201301003, West Burlington Township, Bradford County, Pa.; Consumptive Use of Up to 2.000 mgd; Approval Date: January 11, 2013.
4. Pennsylvania General Energy Company, LLC, Pad ID: COP Tract 322 Pad A, ABR-201301004, Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 3.500 mgd; Approval Date: January 11, 2013.
5. Pennsylvania General Energy Company, LLC, Pad ID: COP Tract 322 Pad B, ABR-201301005, Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 3.500 mgd; Approval Date: January 11, 2013.
6. Range Resources – Appalachia, LLC, Pad ID: Grays Run 6H-10H, ABR-201301008, McIntyre Township, Lycoming County, Pa.; Consumptive Use of Up to 5.000 mgd; Approval Date: January 25, 2013.
7. Chesapeake Appalachia, LLC, Pad ID: Three D Acres, ABR-201301009, Monroe Township, Bradford County, Pa.; Consumptive Use of Up to 7.500 mgd; Approval Date: January 25, 2013.
8. Southwestern Energy Production Company, Pad ID: WALKER WEST PAD 14, ABR-201301010, Jackson Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.999 mgd; Approval Date: January 25, 2013.
9. WPX Energy Appalachia, LLC, Pad ID: Buxbaum Well Pad, ABR-201301011, Franklin Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.000 mgd: Approval Date: January 25, 2013.
10. Chesapeake Appalachia, LLC, Pad ID: Alvarez, ABR-201301012, Wilmot and Windham Townships, Bradford and Windham Counties, Pa.; Consumptive Use of Up to 7.500 mgd; Approval Date: January 25, 2013.
11. Seneca Resources, Pad ID: DCNR 100 Pad T, ABR-201301013, Lewis Township, Lycoming County, Pa.; Consumptive Use of Up to 4.000 mgd; Approval Date: January 30, 2013.
12. Chesapeake Appalachia, LLC, Pad ID: Finan, ABR-201301014, Wilmot Township, Bradford County, Pa.; Consumptive Use of Up to 7.500 mgd; Approval Date: January 30, 2013.
13. Chesapeake Appalachia, LLC, Pad ID: Outback, ABR-201301015, Elkland Township, Sullivan County, Pa.; Consumptive Use of Up to 7.500 mgd; Approval Date: January 30, 2013.
14. Chesapeake Appalachia, LLC, Pad ID: Rosiemar, ABR-201301016, Auburn Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.500 mgd; Approval Date: January 30, 2013.
15. Cabot Oil & Gas Corporation, Pad ID: KropaT P1, ABR-201301017, Springville Township, Susquehanna County, Pa.; Consumptive Use of Up to 3.575 mgd; Approval Date: January 30, 2013.
AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808.
