April 16, 2021

Senator John W. Mannion Assemblyman Thomas J. Abinanti

Chair, Developmental Disabilities Committee Chair, People with Disabilities Committee
New York State Senate New York State Assembly

Dear Chairmen Mannion and Abinanti,

Thank you does not adequately express our gratitude for your leadership during the recent budget
negotiations. Reversing multiple devastating cuts, is life-changing for individuals with Intellectual and
Developmental Disabilities who receive services from non-profit providers.

There remains one policy issue that was not part of the budget process that needs to be addressed.
As you have repeatedly heard, families are perplexed and upset by OPWDD’s plan to end
reimbursement for what they call “vacant” beds, effective May 1, 2021. For the individual this is their
home, not just a ‘bed’. OPWDD’s definition of a “vacant” bed includes when an individual with IDD is
not at home in order to:
 Visit their family for 24 or more hours
 Attend camp
 Be treated in a hospital and supported by staff
 Move out to a more appropriate placement

A “vacant” bed is also created when an individual with IDD passes away. Costs for the residence
continue, which escalated during COVID with the care for and passing of individuals with IDD.
OPWDD claims to embrace person-centered planning and promotes developing a circle of support
consisting of family members, friends and others important to the individual. How is the individual
expected to build a circle of support when their residential provider loses funding if they are out of
their home for 24 or more hours? OPWDD’s claim that they don’t want to spend scarce resources on
an empty bed is nonsensical. Staff, mortgages, utilities and insurance need to be paid by the provider
whether or not the individual is sleeping there that night.

This arbitrary withholding of reimbursement is not only terrible public policy, it is in conflict with
federally established inclusion law and threatens to result in the closure of beds by providers unable to
withstand these cuts. The May 1st implementation of this Appendix K Waiver policy should be
paused. It will result in shrinking the availability of residential placements instead of serving additional
people on the CRO (Certified Residential Opportunity) list, which ironically is only used for those facing
emergencies.

It’s hard not to come to the conclusion that shrinking the OPWDD residential system is actually the
goal of this policy, even as the need is growing exponentially.

There is an additional reason why the May 1st cuts are perplexing. OPWDD intends to dramatically
revise the residential rate methodology in October to reflect more equitable reimbursement. These
rate changes would more accurately fund need, and create opportunity for providers to more
adequately serve individuals with profound disabilities. Ironically, these same individuals typically
require more hospitalizations, behavioral and staff support while hospitalized. We understand that the
direction this new methodology will take makes the May 1st change very shortsighted and conflicting
for providers serving our profoundly disabled individuals.

We hope you understand our concerns and ask for your help in advocating for OPWDD to abandon
the planned May 1st residential billing cut.

Respectfully submitted,

Karen Nagy on behalf of Self-Advocates and Family Groups Representing Individuals with Intellectual
and Developmental Disabilities across New York State.

CC: Senator Andrea Stewart-Cousins

Speaker Carl Heastie
Majority Leader, Assemblywoman Crystal Peoples-Stokes
People with Disabilities Committee Members
Developmental Disabilities Committee Members
Governor Andrew Cuomo
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