New York State Budget - Victories For People With Disability

New York State Budget Contains Victories For People With Disabilities

The 2009-10 New York State Budget contains a number of victories for people with disabilities, most of which would not have been possible without the ongoing advocacy efforts of all of you. Listed below are some budget highlights of particular interest to ILCs the Statewide Systems Advocacy Network and people with disabilities.

We will keep you up-to-date as further budget analyses are done and as we track movement of additional legislation on the NYAIL Disability Priority Agenda. Many thanks to all of you for your dedication and hard work fighting for the rights of people with disabilities year round.

ILC Funding remains level for 2009-2010 at the 2008-2009 level of $12,361,000.
We were successful in avoiding cuts in the proposed 2009-10 Executive Budget and the Legislature approved the ILC appropriation as proposed.

Restoration of SSI cuts - Thanks in large part to your endless calls, faxes, letters and emails; the Governor and Legislature have restored funding for the state share of SSI for people with disabilities.

CDPAP - The budget includes $500,000 for expanding participation in the Consumer Directed Personal Assistance Program, including contracts with peer based programs to assist those eligible, provide education and outreach, as well as training for discharge planners, LDSS and others. In addition, the CDPAP statute will be amended to include county enrollment targets for CDPAP and annual implementation plans to DOH by counties that promote consistency regarding approved service levels across the state. These requirements will broaden access to the CDPAP program throughout the state.

Regional Long Term Care Assessment Centers - there will be a three year demonstration program established with two long term care assessment centers, one in a county within NYC and the second in another region consisting of one or more contiguous counties elsewhere in the state. The intent of the
established centers will be to consolidate and standardize the assessment and
authorization process for home and personal care services, allowing the state
to better manage Medicaid resources, including due process provisions and
consumer oversight, ensuring that individuals receive the services they need to
stay in the community. The commissioner of health will be responsible for
submitting bi-annual reports on the centers to the Governor and State Leaders
which will include an assessment of the project, an analysis of the level and
costs of the services and recipient satisfaction.

The Cash and Counseling Demonstration proposed in the Governors Budget has been rejected.

Cuts to home care and personal care rates were restored; however the 2008 and 2009 trend factors have been eliminated and an assessment will be collected of 0.35% on home care provider revenues effective March 1, 2009.

An appropriation of $2,303,000 was made available for housing subsidies to participants in the Nursing Facility Transition and Diversion (NFTD) waiver.

No premium increases for Medicaid Buy-In Program for Working People with Disabilities.

Elimination of barriers to general Medicaid application such as the asset test, finger printing and face-to-face interview requirements.

Pharmaceutical Reforms - Efforts to preserve Medicaid pharmacy benefits for people with psychiatric disabilities were successful in that the proposal to expand the Preferred Drug List to include antidepressants was rejected.

Proposals to eliminate EPIC Part D wrap and Medicaid wrap around coverage for dual eligible with Part D were also rejected. However, limits on frequency, amount and duration of prescriptions in Medicaid, as well as the creation of a step-therapy approach for prior authorization were approved.

The proposal to weaken and delay NYs SHU Law, the law to end solitary confinement of state prisoners with psychiatric disabilities, was rejected.