Office for People with Developmental Disabilities

The Enacted Budget makes the following changes to the Executive Budget (analysis March 28, 2012):

·        The enacted budget makes no changes to the Executive Budget All Funds, state operations, appropriation proposal of $2.14 billion.

·        Approves the proposal to authorize the Commissioner to establish Developmental Disabilities Regional Offices (for other than state operated services) and State Operations Offices (not defined geographically or otherwise), but maintains existing DDSOs within the State Operations Offices. Appears to authorize both the Directors of State Operations and Regional Offices to act as the appointing authority.  There is conflicting language as relates to this issue and it may give the Commissioner sole appointing authority. Provides that any legal reference to Directors of Facilities are changed to Directors of State Operations, with amendments to the law to be changed according to a memorandum of understanding between the Governor and the legislature within 60 days.  Requires submission of a report to the Legislature on the restructuring by May 31, 2012.  Requires 60 days notice to the Legislature for a reduction of capacity of 20 persons or more.  Additionally, creates Boards of Visitors for each State Operations office and allows Deputy Directors to be appointed as new hire as well as by promotion.

·        Rejects the Executive proposal for “People First 1115 Waiver” pilot programs.

·         Approves the Executive proposal to authorize the Commissioners of the Department of Health, the Office of Mental Health, the Office for People with Developmental Disabilities and the Office of Alcoholism and Substance Abuse Services waive regulatory requirements or determine that compliance with another agency’s requirements is sufficient.

·         Rejects the broad Executive Budget proposal to allow the Executive to have unlimited transfer and interchange authority over all State Operations appropriations. Instead it creates four specific transfer and interchange authorization for State Operation appropriations: OGS/Back Office, Call Center, Information Technology and Alignment/ Oversight of the care of vulnerable persons. In general this authorization allows the Executive to move appropriations between state agencies for these purposes. For additional detail please see page 5 of the Summary of the SFY 2012-13 Enacted Budget memo.

·         OPWDD has particular interchange authorization for:

o   Alignment Interchange and Transfer Authority which will allow the interchange, transfer, or sub-allocation of any State Operations appropriation for Office of Mental Health, the Office for People with Developmental Disabilities, the Office of Alcoholism and Substance Abuse Services, the Department of Health, and the Office of Children and Family Services, for the purpose of planning, developing and/or implementing the alignment of (i) conducting criminal background checks, (ii) workforce training, (iii) the coordination of reports, complaints and other relevant information regarding charges of abuse and neglect committed against individuals in the care and charge of such agencies as otherwise authorized by law, (iv) audit of services and (v) certification.

·        Rejects the proposal to cap reimbursement and executive compensation.  However, the Governor has already issued a similar Executive Order (S6256D/A9056D, Part H

The Senate and Assembly recommend the following changes to the Executive Budget (March 10, 2012):

• Rejects appropriation language that would provide broad authority to interchange or transfer funds among agencies.

•  Reject the proposal to reorganize OPWDD and create a single statewide appointing authority (S 6256/A 9056 Part J).

• Rejects the proposal for OPWDD to enter into no-bid contracts to establish pilot programs in accordance with the “People First 1115 Waiver” application (S 6256/A 9056 Part I)

The Senate:

·        Requires stakeholder input and legislative approval prior to the implementation of major service reductions that would affect those diagnosed with a mental illness or developmental disability (S6256C, Part O1)

According to Assembly analysis the Executive Budget recommends (February 1, 2012):

·        A reduction of $5.2 million related to transferring of responsibilities for delivering case management and residential service to not-for-profit providers.

·        A reduction of $2.6 million related to controlling vacant positions in administration and research

According to Senate analysis the Executive Budget recommends (February 1, 2012):

·        Controlling vacant positions in administration and research and making changes to account for attrition by transferring responsibility for case management and residential services to not for profit providers

The Executive Budget recommends (analysis January 17, 2012):

The Workforce Impact Summary indicates that the SFY 2012-13 workforce of 20,586, a reduction of 114 from the adjusted 2011-12 FTE level.  The adjusted FTE level for 2011-12 is a decrease of 474 FTEs from the level projected in last year’s budget. All 114 FTE reductions will be achieved through attrition.

·        An All Funds appropriation of $2.14 billion, a reduction of $10.1 million (-0.5%) from SFY 2011-12.

·        A Personal Services appropriation of $1.12 billion, a reduction of $5.3 million from SFY 2011-12 (-0.5%) 

·        The Ombudsman program in OPWDD, including 8 staff, will be transferred to the Commission on Quality Care and Advocacy for Persons with Disabilities.

·        OPWDD employed an estimated 1,777 employees (or approximately 246.5 FTEs) under consultant contracts in SFY 2011-12 at a cost of $19.2 million and will employ an estimated 1,712 contract employees (or approximately 216.1 FTEs) at a cost of $19.9 million in SFY 2012-13. The expenditures may include more than personal service costs and is inconsistent with Office of State Comptroller data on consultant spending so it is difficult to draw conclusions about the cost per employee.

·  Article VII legislation:

o   Authorizes OPWDD to enter into no-bid contracts to establish pilot programs in accordance with the “People First 1115 Waiver” application (Part I)

o   Reorganizes OPWDD.  Removes the list of DDSOs from the law and administratively organizes state operated programs within State Operations Offices, with a single statewide appointing authority under Central Office.  Creates Regional Offices to oversee the administration of non- State Operated programs. Allows facility deputy directors to be appointed from new hires and by promotion.  A single appointing authority will enable OPWDD to reassign employees between any state facilities or programs.  It does not directly impact layoff units. (Part J)

o   Provides for a combined comprehensive planning process for OMH, OPWDD and OASAS(Part N)

o   Permits the Commissioners of the Department of Health, the Office of Mental Health, the Office for People with Developmental Disabilities and the Office of Alcoholism and Substance Abuse Services to integrate health and behavioral health services among these agencies.  Authorizes these agencies to waive regulatory requirements or determine that compliance with another agency’s requirements is sufficient.  This bill is intended to facilitate implementation of the Health Homes initiative (Part L).

o   Sets caps for reimbursement for administration and executive compensation for the following agencies that operate, license, certify, or fund providers of services: OPWDD, OMH, OASAS, OCFS, OTDA, DOH, SOFA, DCJS, OVS, and SED. Reimbursement for executive compensation is limited to $199,000 per year, with the discretion of the commissioner to adjust this salary but not to exceed Level 1 of the federal government’s Rates of Basic Pay for the Executive Schedule promulgated by the U.S. Office of Personnel Management.  (Health and Mental Hygiene, Part H)