OPWDD issues new directive memos, comments sought

The NYS Office for People With Developmental Disabilities issued the following Administrative Directive Memoranda (ADM), actions proposed and actions taken. OPWDD seeks comments on the draft IB Services and draft revised IDGS ADM.

Intensive Behavior (IB) Services – comments sought on draft ADM

OPWDD is considering changes to a draft, updated ADM defining the scope of IB services. The draft ADM will supersede ADM#2013-03.

Specifically, the updated ADM amends the required credentials of staff members who deliver and/or supervise the delivery of IB Services; the role of the Service Access, Program Implementation, and Stakeholder Support Regional Field Offices staff in the authorization of IB Services; additional requirements to become an IB Services provider agency (click here to access the new draft application); and the billing, documentation and reporting requirements of provider agencies authorized to deliver IB Services. Additionally, the ADM was updated to modify some of the program requirements and to provide additional flexibility for service authorization and utilization, including planned increases in the reimbursement fees associated with this particular service, to encourage additional providers to offer this vital service.

OPWDD seeks comments by April 11, 2022. Comments may be sent via email to the opwdd.sm.regulatory.affairs.unit at rau.unit@opwdd.ny.gov. Please include the name of this ADM in the subject line.

Individual Directed Good and Services (IDGS) – comments sought on draft ADM

OPWDD seeks comments on a draft revised IDGS ADM. Specifically, the draft revised ADM describes payment standards and service documentation requirements to support a provider’s claim for reimbursement for IDGS. IDGS are available only for Home and Community Based Services (HCBS) Waiver authorized participants who self-direct their services with a self- direction budget. When an individual chooses to receive IDGS, the individual must choose a Fiscal Intermediary (FI) to bill and administer the service. This ADM was originally issued on April 10, 2015 (ADM 2015-05). It is now revised to include the current term “Life Plan.” The revised ADM also updates the Individual IDGS Definitions Chart. Additionally, the records retention requirement was changed. These changes appear in bold and are underlined.

OPWDD seeks comments by April 11, 2022. Comments may be sent via email to the opwdd.sm.regulatory.affairs.unit at rau.unit@opwdd.ny.gov. Please include the name of this ADM in the subject line.

Family Support Services – New ADM (Effective July 1, 2022)

OPWDD’s new Family Support Services ADM sets out the program’s Family Reimbursement requirements. The ADM includes eligibility requirements for reimbursement, how to request and process reimbursements, and the roles and responsibilities of FSS provider agencies, individuals, and families. This ADM will have a July 1, 2022 effective date to allow providers time to update their contracts/work plans and allow for training within the Regional offices and provider community.

Housing Subsidy ADM

OPWDD’s Housing Subsidy ADM provides information on eligibility requirements, responsibilities of providers and care managers, how to apply, what happens when someone is denied or terminated, and how to appeal decisions. Additional details about the program are included in the ADM as well as the associated attachments. They may be accessed here. The associated attachments include: Attachment A: Quality Assurance QA Expectations Checklist, Attachment B: Participation Agreement, Attachment C: Housing Subsidy & Transition Stipend Application, Attachment D: Housing Subsidy Budget Instructions and Attachment E: Pilot Program

Since stakeholder review of this ADM in 2021, several changes have been included:

  • Removed limit of 25% of the units in a building having a resident receiving an OPWDD Housing Subsidy;
  • Created new process to request support letters for groups of housing subsidies

Self-Direction Guidance

OPWDD has made to the Self-Direction Guidance for Providers, specifically related to guidelines about sharing staffing resources. Below includes a comprehensive list of changes made to the Self-Direction Guidance for Providers:

  • Update reimbursement service guidance for IDGS, OTPS and FRR based to be clear and consistent with prevailing guidance.
  • Add Broker Authorization section to bring current with ADM 2019-05.
  • OTPS – Change “valued outcome” to “VO, goal, or needs” – same as IDGS ADM and aligned with Care Management/Life Plan structure.
  • Shared Living Arrangement Language – add new chapter to establish expectations around shared living situations.
  • Out of State/Out of Country – Remove outdated SD requirements and edit to refer to applicable current ADM.
  • Attachment B – note that CSIDD and Resource Center are excluded from SD Budgets as consistent with communicated policy.
  • Attachment E – Correction to remove referral to Startup as lifetime, it resets in a year as described in the Brokerage chapter.
  • Attachment G – Updated ADMs and links to be current.