5/30/07 N.Y. St. Reg. MRD-12-07-00003-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 671.7, 679.6 and 690.7 of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 13.07, 13.09(b) and 43.02
Subject:
Fee setting in home and community-based (HCBS) waiver community residential habilitation services, clinic treatment facilities, and day treatment facilities for persons with developmental disabilities.
Purpose:
To propose amendment establishing cost of living (COLA) adjustments and trend factors applicable to these facilities and services, effective June 1, 2007.
Text or summary was published
in the notice of proposed rule making, I.D. No. MRD-12-07-00003-P, Issue of March 21, 2007.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Barbara Brundage, Director, Regulatory Affairs Unit, Office of Mental Retardation and Developmental Disabilities, 44 Holland Ave., Albany, NY 12229, (518) 474-1830; e-mail:
barbara.brundage@ omr.state.ny.usAdditional matter required by statute:
Pursuant to the requirements of the State Environmental Quality Review Act (SEQRA) and in accordance with 14 NYCRR Part 622, OMRDD has on file a negative declaration with respect to this action. Thus, consistent with the requirements of 6 NYCRR Part 617, OMRDD, as lead agency, has determined that the action described herein will not have a significant effect on the environment, and an environmental impact statement will not be prepared.
Assessment of Public Comment
OMRDD received written comments from one provider agency regarding this proposed rule making. The comment and OMRDD's response are as follows:
1. Comment: The provider noted that it was appreciative of the COLA, but opined that the cost of living had gone far beyond the proposed percentage. The provider stated that it had hoped that OMRDD would look into the current economic situation and offer at least a 3.5% rate increase for the COLA.
Response: In accordance with legislative directive, the Cost of Living Adjustment (COLA) is predicated on the estimated Consumer Price Index (CPI) as published by the Congressional Budget Office. The authorizing legislation prescribes that the estimated CPI be reconciled to the actual CPI when it is published by the Bureau of Labor statistics. Insofar as possible, the correction is factored into the succeeding year's COLA.
Another OMRDD initiative which also aims to improve providers' abilities to recruit and retain staff offered supplemental funding in addition to the COLA. Health Care Enhancement monies were available upon application and provided fiscal relief to employees confronted with escalating health related costs.
Not only did OMRDD strive to align the COLA with objective economic indices, it presented an added opportunity for providers to mitigate the effects of rising costs.
