19 Apr Phase II Contract Amendments and Survey

The following was sent from OPWDD to Fiscal Intermediaries on April 18:

Dear Fiscal Intermediary,

We are reaching out to provide guidance on Phase II of the contract amendments scheduled for 2024, share a survey crucial for the planning of the upcoming round of FI contract awards, and establish a consistent mechanism for FI’s to request contract amendments moving forward.

In response to the emergency FI Contract amendments in Phase I, which used average monthly disbursements to guide the awards, and prioritized FI’s that had exhausted their existing FI contract limits or were forecasted to do so by March 31st, 2024, OPWDD recognizes that many providers will need additional amendments to cover the remaining months in the contract period ending on December 31st, 2024. We are actively seeking additional authority to make necessary amendments (Phase II), pending the enactment of a budget for SFY 2025.

While these efforts are underway, we expect providers to fulfill committed services and not unilaterally terminate state funded services due to over-enrollment that has occurred to date. OPWDD relies on Statewide Financial System for understanding current contract spend. FI’s should continue to submit timely vouchers for payment as defined by contract terms.

FI Contract Survey

To facilitate Phase II amendments for 2024 and inform the next FI contract cycle, all FIs are required to complete the attached survey. This survey aims to gather essential information related to FI contract spending patterns and trends, enabling the consistent evaluation and review of all active FIs. The survey must be completed and submitted to OPWDD in advance of any contract amendment request.

Submitting FI Contract Surveys

Please complete the survey and submit it to self.direction.redesign@opwdd.ny.gov by May 2nd, 2024, with the subject line “[FI Name] FI Contract Survey”. If you provide services in multiple regions, submit only one survey for all regions served. A pre-recorded webinar is available here to walk through the completion of the survey here.

FI Contract Amendment Requests

To ensure consistency in OPWDD’s approach, FI providers requesting a contract increase after phase II amendments must follow the process described below. FI Contract Amendments are facilitated through the Regional Field Offices (RFO). Any inquiries regarding the process, timeline, and expectations should be directed to the local RFO Leadership.

FI Contract Amendment Process Beyond Phase II

• Contract Amendment Requests should be submitted to the respective Regional Field Office Self-Direction Unit (SDU) Regional Mailboxes with the subject line: “[FI Name] Request for Contract Amendment.”

RFO1 – SPS.R1.SD@opwdd.ny.gov

RFO2 – SPS.R2.SD@opwdd.ny.gov

RFO3 – SPS.R3.SD@opwdd.ny.gov

RFO4 – SPS.R4.SD@opwdd.ny.gov

RFO5 – SPS.R5.SD@opwdd.ny.gov

• Complete amendment requests must include:

• A detailed, written request for additional funds with a justification of need
• Where relevant, documentation supporting the request. Examples of additional documentation include evidence to demonstrate contract expenditures in addition to what is reflected in the Statewide Financial System (SFS) and agency policy and procedure documents related to contract management.

• RFOs will acknowledge receipt of the request and indicate that it has been escalated to local leadership for further review.
• The provider’s request will be reviewed by RFO Leadership. If necessary, the RFO will request additional information to enable a thorough assessment.
• RFO Directors will elevate the contract increase request, supporting documentation, and statement of local support (or denial) to Central Office for consideration.