6/29/11 N.Y. St. Reg. PDD-16-11-00013-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 635-10.5(ab) of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, section 13.09(b)
Subject:
Efficiency adjustment for HCBS waiver community habilitation services.
Purpose:
To implement an efficiency adjustment by modifying the fee schedule for HCBS waiver community habilitation.
Text or summary was published
in the April 20, 2011 issue of the Register, I.D. No. PDD-16-11-00013-P.
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, OPWDD, 44 Holland Avenue, Albany, NY 12229, (518) 474-1830, email:
barbara.brundage@opwdd.ny.govAdditional matter required by statute:
Pursuant to the requirements of the State Environmental Quality Review Act, OPWDD, as lead agency, has determined that the action described herein will have no effect on the environment, and an E.I.S. is not needed.
Assessment of Public Comment
OPWDD received one comment from a voluntary provider as follows.
Comment: An agency urged that the amendments (this one among others) be withdrawn because the proposed changes depart from the three “core principles” that define the relationship between the State and voluntary providers. It asserted that efficient providers reserve funds to accommodate special needs as they arise; that providers need a safety net in the form of the appeal mechanism to address “unforeseen operating losses;” and that interchange allows providers to reallocate funds between cost centers and programs to meet changing needs and compensates for a reimbursement system that is “neither scientific nor accurate.” It contended that “these three principles have been violated by the proposed regulations.”
Response: OPWDD will not be withdrawing the regulations. The amendments were designed to encourage operating efficiencies. Aspects of the regulations were formulated to reduce surplus funding by more closely aligning reimbursement with actual costs. The appeals process was amended to be better synchronized with OPWDD’s prospective reimbursement methodologies. OPWDD has a long established tradition of reaching out to stakeholders for their input before instituting systemic changes to programs and payments. Providers through provider associations participated in numerous discussions during the development stage of these amendments.
