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Executive Order continues limits on visitation

The Governor has released Executive Order 202.48  that, among other things, continues the state’s visitation limits for our homes. The policy restricting visitors unless the recently implemented attestation process is followed will continue beyond July 6.

Also, for child care providers licensed under social services law, this latest executive order rescinds the exemption from the criminal background check process.  This does not affect OPWDD programs which are authorized under mental hygiene law – those exemption rules remain in place.

The Executive Order continues the directive contained in Executive Order 202.41, regarding phase three industries and entities, but modifies it to prohibit indoor food services New York City.

The Executive Order also continues the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202 and each successor Executive Order up to and including Executive Order 202.14, as continued and contained in Executive Order 202.27, 202.28, and 202.38, for another thirty days through August 5, 2020, except:

  • The directives contained in Executive Order 202.3, that closed video lottery gaming or casino gaming, gym, fitness center or classes, and movie theaters, and the directives contained in Executive Order 202.5 that closed the indoor common portions of retail shopping malls, and all places of public amusement, whether indoors or outdoors, as amended, are hereby modified to provide that such directives remain in effect only until such time as a future Executive Order opening them is issued.

Further, the provisions of Articles 11-A and 11-B of the State Finance Law, and any regulations authorized thereunder, to the extent necessary to respond to the direct and indirect economic, financial, and social effects of the COVID-19 pandemic are suspended or modified through August 5, 2020.

The Executive Order discontinues, as of July 7,  the following suspensions, modifications, and directives made by previous Executive Orders, and such statutes, codes, and regulations are in full force and effect:

  • The directive contained in Executive Order 202.28, as extended, that prohibited initiation of a proceeding or enforcement of either an eviction of any residential or commercial tenant, for nonpayment of rent or a foreclosure of any residential or commercial mortgage, for nonpayment of such mortgage, is continued only insofar as it applies to a commercial tenant or commercial mortgagor, as it has been superseded by legislation for a residential tenant, and residential mortgagor, in Chapters 112, 126, and 127 of the Laws of 2020;
  • The suspension which allowed for the Commissioner of Education to reduce instructional days, as such suspensions and directives have been superseded by statute, contained in Chapter 107 of the Laws of 2020;
  • The suspension permitting providers to utilize staff members transport individuals receiving services from the Office of Mental Health or a program or provider under the jurisdiction of the Office of Mental Health during the emergency;
  • The suspensions allowing the director of the Authorities Budget Office to disregard deadlines due to a failure by a State or local authority to meet the requirements proscribed during a state of emergency, are continued only insofar as they allow a State or local authority a sixty day extension from the original statutory due date for such reports;
  • Section 390-b of the Social Services Law and regulations at section 413.4 and 415.15 of Title 18 of the NYCRR, relating to criminal history review and background clearances of child care providers;
  • Subdivision 8 of section 8-408 of the Election Law, relating to absentee voting by residents of nursing homes, residential health care facilities, facilities operated or licensed under the Department of Mental Hygiene, hospitals, or facilities operated by the VA;
  • Subdivision (28) of Section 171 of the Tax Law, to the extent that the Commissioner has extended any filing deadline;
  • The directive related dispensing hydroxychloroquine or chloroquine, as recent findings and the U.S. Food & Drug Administration’s revocation of the emergency use authorization has alleviated supply shortages for permitted FDA uses of these medications;
  • Business Corporation law sections 602, 605, and 708, as such suspensions have been superseded by statute, as contained in Chapter 122 of the Laws of 2020;
  • Banking Law Section 39 (2), as such suspension has been superseded by statute, as contained in Chapters 112 and 126 of the Laws of 2020, as well as the directives contained in Executive Order 202.9;\
  • Insurance Law and Banking Law provisions suspended by virtue of Executive Order 202.13, which coincide with the expiration of the Superintendent’s emergency regulations;
  • Sections 3216(d)(1)(c) and 4306 (g) of the Insurance Law, and any associated regulatory authority provided by directive in Executive Order 202.14, as the associated emergency regulations are no longer in effect;
  • The suspension requiring a personal appearance of the defendant, and there is consent, in any jurisdiction where the Court has been authorized to commence in-person appearances by the Chief Administrative Judge; provided further that the suspension or modification of the following provisions of law are continued:
    • The 20-day timeframe for the return date for a desk appearance ticket is extended to 90 days from receiving the appearance ticket;
    • The 45-day time limit to present a matter to the grand jury following a preliminary hearing or waiver continues to be suspended and is tolled for an additional 30 days;
    • Speedy trial time limitations remain suspended until such time as petit criminal juries are reconvened or 30 days, whichever is later;
    • Suspending the Criminal Procedure Law that would prohibit the use of electronic appearances for certain pleas, provided that the court make a full and explicit inquiry into the waiver and voluntariness thereof;
    • Allowing an incarcerated defendant to appear virtually with his or her counsel before the grand jury to waive immunity and testify in his or her own defense, provided the defendant elects to do so;
    • Suspending the Criminal Procedure Law, as modified by Executive Order 202.28, is hereby continued for a period not to exceed 30 days in any jurisdiction where there is not a grand jury empaneled; and when a new grand jury is empaneled to hear criminal cases, the criminal procedure law shall no longer be suspended beginning one week after such grand jury is empaneled;
    • Suspending the protective orders to be utilized at preliminary hearings, is continued for 30 days;
    • Suspending the use of electronic appearances for felony pleas, or electronic appearances for preliminary hearings or sentencing in extended for 30 days.

CFR training sessions to be held July 28-30

The Office of Addiction Services and Supports (OASAS), the Office of Mental Health (OMH), the Office for People With Developmental Disabilities (OPWDD), the Department of Health (DOH) and the Office for Children and Family Services (OCFS) will be conducting three training sessions on completing the July 1, 2019 – June 30, 2020 Consolidated Fiscal Report (CFR):

All fiscal employees that feel they may benefit from the Webinars are welcome to attend. As each NYS CFR Agency is separately notifying providers, you may receive more than one announcement regarding this training.

Each session contains different content as noted below.

Session

Date

Start Time

End Time

Content

1

7/28/2020

10:00am

12:30pm

Getting started, Time to do the CFR, Core Reports

2

7/29/2020

10:00am

12:30pm

General and Agency Specific Changes/Highlights, Steps to a successful submission, Claiming

3

7/30/2020

10:00am

11:00am

COVID-19 Instructions

Use the links below to register for the sessions listed above. Please note that you must register for each individual session that you plan to attend.

Session 1 – Registration – https://meetny.webex.com/meetny/onstage/g.php?MTID=e4ad1fa88f2e46ba2b14c8bdf35febd6b

Session 2 – Registration – https://meetny.webex.com/meetny/onstage/g.php?MTID=e97cd7ef0c99db5963f623d46578c0f50

Session 3 – Registration – https://meetny.webex.com/meetny/onstage/g.php?MTID=e13f38bc338d35a6e17bec371ac74633e

After the webinar is completed, a recording of the webinar will be posted for your viewing and a link will be sent out to all registered participants.

Note: Representatives from the State Education Department (SED) will not be present at these training sessions, and information regarding SED programs will not be covered. SED encourages filers to view the CFR on-line training modules located on the Rate Setting Unit’s website at the following address for CFR training guidance: http://www.oms.nysed.gov/rsu/Training/CFRTraining.html

Visitation at residential programs to resume Friday

Governor Cuomo announced during his daily press briefing that group homes certified by the Office for People with Developmental Disabilities (OPWDD) may resume visitations at their discretion beginning Friday, June 19. 

Visitors will be required to wear masks and will be subject to symptom and temperature checks. Cuomo indicated that providers must notify the state once they reopen for visitation and follow state guidelines, but the specific details remain unclear. We anticipate further guidance from OPWDD within the week. 

We realize restrictions on visitation put immense emotional strain on loved ones who have been separated for months. The advocacy of CP State and its Affiliates was instrumental in reopening visitation in our residential programs, with appropriate precautions and procedures to ensure the health and safety of the people we support, our staff and communities. 

We thank families for their patience and understanding throughout this challenging time, and staff throughout the state for finding innovative ways to sustain connections between family and friends. 

Click here to read the June 16 OPWDD Commissioner’s message on visitatation.

Randi Rios-Castro to succeed Jill A. Warner as CEO of Jawonio

On June 15, the Board of Directors of Jawonio Inc unanimously approved Associate Executive Director, Randi Rios-Castro, to become the next CEO of Jawonio. Randi will succeed Jill A. Warner, who is retiring on September 30, 2020. Warner will stay on until the end of the year to work on the final stages of the campus revitalization and capital campaign.

“For the past two years, I have had the opportunity to work with Randi on a variety of important agency issues. She continues to impress me with how quickly she has developed a deep knowledge of both the program and the operations areas throughout the organization,” said Michael Algranati Chairman, Jawonio Inc Board of Directors. “At the same time, Randi has begun development of internal systems that will streamline agency processes and procedures. Additionally, Randi has begun to establish important community relationships by working closely with our non-profit, business and government partners on the state and local levels.”

Warner commended Rios-Castro, saying she is “the right person at the right time, who will embrace the challenges and opportunities that lie ahead and in doing so, ensure a strong and sustainable future for Jawonio.”

“We’re very proud of Randi,” said CP State CEO and President Susan A. Constantino. “She is a fitting successor to Jill, and we wish them both the best.”

“We are sorry to see Jill Warner go, but Jawonio will be in very capable hands” said CP State Executive Director Mike Alvaro. “Randi will be only the fifth CEO in the agency’s 73-year history, and that is a testament to the quality of their leadership.”

CP State Executive Director Mike Alvaro tapped for SED Reopening Schools Regional Task Force

CP State Executive Director Mike Alvaro has been invited to be on the New York State Education Department’s Reopening Schools Regional Task Force to participate in the Special Education break out session.

The first phase of the Task Force includes four virtual Regional Task Force meetings  with nine break-out sessions: Health and Safety; Transportation, Facilities, and Nutrition; Teaching and Learning; Digital Equity and Access; Budget and Fiscal; Social-Emotional Needs; Bilingual Education/Multilingual Learners/Bilingual Learners; Staffing/Human Resources; and Special Education.

In the coming days, members of the CP State Education Committee will receive a Zoom invitation and detailed agenda for the meetings.

In the second phase, “the Board of Regents and the Department will review and consider the input received at the four Regional Task Force meetings and elsewhere, and use that input to make policy and regulatory changes to help guide schools and school districts in the safe reopening of their schools.”

July ballet workshop cancelled

The dance workshop for children with disabilities scheduled to be conducted by artists from the New York City Ballet in Saratoga Springs this July has been cancelled.

The Saratoga Performing Arts Center (SPAC) will not be conducting their annual classical programs this summer, including performances by the Philadelphia Orchestra and the New York City Ballet, so the ballet company will not be coming to Saratoga Springs for their annual week in residence.

Officials at the NYC Ballet have contacted us and indicated that they expect to be back in Saratoga Springs next July and will plan to conduct a workshop during their week at SPAC. We expect to have specific plans for the 2021 workshop early next year and are excited that we can again work with the NYC Ballet to conduct this wonderful event.

If you have any questions, please don’t hesitate to reach out to Al Shibley at ashibley@cpstate.org or Deb Williams at dwilliams@cpstate.org.

CP State welcomes Colleen Crispino as President and CEO of UCP Long Island

The Board of Directors of United Cerebral Palsy (UCP) of Long Island recently appointed Colleen Crispino as President and Chief Executive Officer.

“We are privileged to have someone of Colleen Crispino’s caliber and experience joining us to lead UCP of Long Island,” said Thomas Pfundstein, Board Chair.

Crispino brings a wealth of experience to UCP, with a 25 year demonstrated track record of strong leadership skills including program development, strategic planning, corporate communications, team building and staff  development.

Crispino has a career long passion for enhancing the lives of people with disabilities. She is a seasoned advocate with an extensive history of working collaboratively with elected government officials.

A New York native, she comes to UCP of Long Island with more than two decades of experience working with agencies that provide services to adults and children with disabilities. In her previous role, Crispino was the Chief Program Officer for The Viscardi Center on Long Island. She has held positions as the Assistant Executive Director for ACLD and was the Chief Operating Officer for Head Injury Association.

Crispino has a Master’s of Science in rehabilitation counseling from Hofstra University and a Bachelor of Science degree from Boston University. She has also worked as an Adjunct Faculty Professor for Hofstra University.

“I look forward to working in partnership with our dedicated board and staff to enhance the lives of those we serve.
Together we can increase our visibility and promote our vital mission in our community and to the businesses of Long Island. The increased community presence will enable us to create a LIFE WITHOUT LIMITS for individuals with disabilities” said Crispino.

“We’re honored to welcome Colleen Crispino to the CP State family,” said CP State CEO and President Susan A. Constantino.

“I’m looking forward to supporting Colleen and UCP Long Island in their mission to advance the independence, productivity and full citizenship of people with cerebral palsy and other disabilities,” said CP State Executive Director Mike Alvaro.

DOH updates guidance on telehealth during state of emergency

The Department of Health has released updated guidance for Medicaid providers regarding the use of Telehealth, including Telephonic, services during the COVID-19 State of Emergency. The accompanying Frequently Asked Questions document has also been updated. These documents are available on the Department of Health Medicaid Update web page at https://www.health.ny.gov/health_care/medicaid/program/update/2020/index.htm, or via the links below.

Medicaid Update: https://www.health.ny.gov/health_care/medicaid/program/update/2020/no05_2020-03_covid-19_telehealth.htm

Frequently Asked Questions: https://www.health.ny.gov/health_care/medicaid/covid19/faqs.htm

A summary of the changes is provided below.

  • Clarification regarding payment parity for telehealth and telephonic services
  • Provides additional details regarding billing and coding instructions, including POS and Modifier codes to use in each of the telephonic billing lanes
  • Clarifies definitions of telehealth, telemedicine and telephonic services.
  • Clarifies billing rules for Article 28 services with a Professional Component
  • Revises billing rules for FQHCs to allow wrap payments for licensed practitioners providing services via telehealth or telephone
  • Clarifies requirements for Medicaid Managed Care Plans
  • Provides additional links to other resources

The intent of this guidance is to provide broad expansion for the ability of all Medicaid providers in all situations to use a wide variety of communication methods to deliver services remotely during the COVID-19 State of Emergency, to the extent it is appropriate for the care of the member.

Telehealth services will be reimbursed at parity with existing off-site visit payments (clinics) or face-to-face visits (i.e., 100% of Medicaid payment rates). This guidance relaxes rules on the types of clinicians, facilities, and services eligible for billing under telehealth rules.

Webinar Regarding Medicaid Telehealth Guidance During the COVID-19 Emergency

On Tuesday, May 5, 2020 from 10:30 AM to 12:00 PM, the Department of Health Office of Health Insurance Programs will host a webinar to review Comprehensive Guidance Regarding Use of Telehealth including Telephonic Services During the COVID-19 State of Emergency

To register for the Webinar please visit https://meetny.webex.com/meetny/onstage/g.php?MTID=e5f212ed128ffe5f173d478348226385e.

This webinar will provide an overview of the guidance and cover frequently asked questions. Additional questions will be addressed by webinar participants, as time permits. A recording of the webinar will be also made available on the Department’s website.