01 Nov OPWDD issues COLA guidance, certification survey due by Jan. 31

Posted at 11:12h in News by

The enacted 2024/2025 New York State Budget contained a provision for the establishment of a 2.84 percent cost-of-living adjustment (COLA) to be effective April 1, 2024.  The Budget identified that the COLA was in recognition of “the effects of inflation upon rates of payments, contracts, or any other form of reimbursement” for designated programs including those designated programs under the jurisdiction of the Office for People With Developmental Disabilities (OPWDD) and that the COLA funding must be utilized “to provide a targeted salary increase of at least one and seven-tenths percent (1.7%) to eligible individuals…”

Additionally, the Budget identified that

 “each local government unit or direct contract provider receiving funding for the cost-of-living adjustment established herein shall submit a written certification, in such form and at such time as each commissioner shall prescribe, attesting how such funding will be or was used to first promote the recruitment and retention of non-executive direct care staff, non-executive direct support professionals, non-executive clinical staff, or to respond to other critical non-personal service costs prior to supporting any salary increases or other compensation for executive level job titles.”

Certification Survey

To fulfill the requirement for the submittal of a written certification by all OPWDD providers, that have received a 2.84 percent cost-of-living increase, OPWDD has developed a reporting instrument which is identified as the “2.84% COLA Certification” (Certification Survey).  The certification is in the form of an Excel spreadsheet survey and must be completed in its entirety.

The Certification Survey contains an attestation to be completed by the Chief Executive Officer/Executive Director of the agency and the President of the Board of Directors/Governing Body Chairperson.  Please note that, by signing the attestation, the signatory is acknowledging “I understand and agree that this form of electronic signature has the same legal force and effect as a manual signature and I understand all information reported herein is considered publicly available.”

Certification Survey Due Date and Submittal

The Certification Survey must be completed and submitted to OPWDD no later than January 31, 2025. The survey is to be submitted to OPWDD at opwdd.sm.2024COLA@opwdd.ny.gov  The Provider should print a copy of the survey submission for their records.

If a Provider fails to submit a timely Certification Survey or utilizes COLA funds inconsistent with the enabling law, OPWDD and/or the New York State Department of Health (DOH) may take action necessary to retrieve up to 100 percent of the COLA funds paid to the Provider.

Staff Communication and Outreach

It is the expectation of OPWDD that each Provider will clearly and comprehensively communicate to all employees how the 2.84 percent COLA will be expended in their organization especially to those employees eligible for the targeted salary increase of a minimum of 1.7 percent.  It can be anticipated that employees will want to know how the funds were specifically utilized. Furthermore, based on the nature of COLA inquiries that OPWDD has received, each Provider should clearly and comprehensively inform other stakeholders, including the people receiving supports and services as well as their parents/guardians, how the COLA funds were utilized.  In support of ensuring transparency and accountability to the public and State and federal officials, OPWDD may elect to publicly post the results of each Provider’s certification survey on its website.

Certification Survey Instructions

The Certification Survey was created to be as easy as possible and this email contains an attachment with some additional specific instructions. Please take the time to read the attached survey instructions prior to completing the Certification Survey.

Record Retention

The Provider must retain all records necessary to document, upon audit or request by OPWDD and/or other regulatory authorities, the distribution of the 2024/2025 COLA funds. These records must be retained for a minimum of ten years.

Return Receipt Request and Questions

This correspondence is being sent with a return receipt request. Please allow the return receipt auto response or indicate that you have received this correspondence. This helps OPWDD monitor for unintended firewall issues.

Questions regarding this correspondence should be directed to opwdd.sm.2024COLA@opwdd.ny.gov  Do not direct correspondence to email addresses that were utilized for prior COLAs.  Those mailboxes will not be monitored.

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