[Cdpaanys] Consumer Directions - May 21, 2021

[Bryan O'Malley]

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*May 21, 2021*



*Call for Regional Leadership in Fair Pay for Home Care  *

CDPAANYS is working with our partners in the Caring Majority to once again
begin our push for Fair Pay for Home Care, pushing greater investment into
home care so that reimbursements are sufficient to pay wages at least equal
to 150% of the minimum wage. As a part of the leadership team for the
coalition, we are hoping some of our members will be able to step forward
to help lead meetings and conduct follow-up with Legislators as we attempt
to further our support.



Through our leadership in this effort, we have made sure that Fair Pay for
Home Care is not just increased wages; but an overhaul of the way we think
about, and invest in home care, including CDPA. Plans and the state will be
required to invest in the services at a level that allow for adequate
reimbursement. This includes making sure that reimbursements for
administrative costs, whether in a PMPM or otherwise, are sufficient. It is
why, during budget, our efforts led HCP and a group of downstate,
for-profit home care agencies to support the legislation and actively work
with us.



While we do not have an expectation that the legislation will pass as part
of the end-of-session activities, we are working to build support among
rank and file Assembly members and Senators, particularly those in the
majority parties. As a part of this, we are seeking people and
organizations who would be willing to work with us and our partners in
coordinating meetings, helping lead the meetings, and conducting follow-up
with legislative staff to build the sponsors list in targeted areas. The
targets, in broad terms, are: Buffalo, Capital District, Hudson Valley,
Long Island, New York City, Rochester, Southern Tier (Ithaca/Binghamton
areas), Syracuse, Westchester.



A training/informational session will be held on the 25th for those who are
participating, just so everyone feels comfortable and is on the same page.
Please reach out to Bryan with questions or to state your interest in
getting involved. As always, your support is critical not just to our
success, but to the relationships we build with allies that increase our
strength.


PMPM Billing Issues

CDPAANYS has heard from a number of member FIs about claims being rejected
when billing Fee-For-Service Medicaid for the PMPM. After doing outreach to
the Department of Health (DOH), they very promptly replied and acknowledged
some difficulties with PMPM claims processes. They indicated that they are
working to resolve these; however, an immediate resolution was offered.

When submitting a claim for the PMPM, the field for “prior authorization”
should be left completely blank. Do not insert N/A, the date of the initial
authorization, or any other information or the claim will be rejected. We
have heard from at least one FI that this resolved their billing issues.

If you continue to experience issues in claiming the PMPM, please let us
know and we will continue to follow-up with DOH.

New Wage Parity Attestation and DOH Training

As previously sent out by CDPAANYS, DOH has released updated wage parity
and certification guidance to outline important changes about how FIs and
other organizations must comply with wage parity requirements. The new
guidelines require annual wage parity certifications be submitted by FIs to
DOH electronically, two new forms that must be sent to the Department of
Labor (DOL), and identify increased penalties for compliance failures. Click
here
<https://www.health.ny.gov/health_care/medicaid/redesign/mrt61/2021-05-11_wage_parity.htm>
to view the guidance in its entirety.

As a reminder, the wage parity law only impacts FIs that serve cases in New
York City, Nassau, Suffolk, and Westchester counties.

The new attestations must be submitted on or before *May 31* this year.
Please reach out to us directly if you have any questions about the updated
requirements.

Last year’s budget (SFY 2020-21) changed the laws around wage parity by
adding that:

   -

   FIs cannot have a benefit plan that returns any unused wage, benefit or
   other item of value to the FI, or anyone associated with the FI except the
   worker.
   -

   FIs must have an independent audit that certifies their wage parity
   compliance.
   -

   Changes to the labor law that requires FIs to provide notice to PAs
   about how they meet the benefits portion of the law. A breakdown of hourly
   costs and benefits must be included on PA paychecks.


Beginning on May 31st of this year, FIs must *electronically* submit a
certification of compliance, attesting that they are in compliance with
both the law and related regulations, through the eMedNY provider portal
<https://portal.emedny.org/provider/portal/login?execution=e1s1>, as well
as record retention and other compliance rules.

The guidance also laid out new reporting requirements in relation to the
Department of Labor. Beginning *May 31, 2022,* new DOL wage parity
<https://dol.ny.gov/home-health-care-aides-and-wage-parity> documents will
be required in order to  account for the year prior. These forms must be
submitted annually thereafter.

The new forms include a statement on the certification that your FI has
provided each MMCO, MLTC, CHHA, and LTHHCP that you contract with an annual
statement of wage parity hours and expenses on DOL Form LS-300
<https://dol.ny.gov/system/files/documents/2021/03/ls300.pdf>, as well as
an independently audited financial statement verifying wage parity and
expenses on DOL Form LS-301
<https://dol.ny.gov/system/files/documents/2021/03/ls301_wage-parity-audito-statement.pdf>
.

It is critical that FIs have a strong understanding of these new
requirements, as penalties have been increased for organizations that are
not in compliance with the wage parity law. Those found guilty of a first
offense face a fine of $500, up to thirty days imprisonment, or both. For a
second offense, an FI will be fined $1,000 and the contract on which the
violation occurred shall be forfeit and the entire organization will no
longer be able to bill Medicaid for any services.

DOH has announced a free online training on these new rules.
Pre-registration is required. CDPAANYS strongly recommends all impacted
members participate in this training. The webinar will be held on May 26,
2021 at 10am. Register today!



To register, please visit https://www.emedny.org/training/index.aspx
<https://protect2.fireeye.com/v1/url?k=db56bc20-84cd8504-db544515-000babd9f8b3-8e5308fd88d0f4a9&q=1&e=6acc585a-a8bb-4d03-8286-a0b50d550c24&u=https%3A%2F%2Fwww.emedny.org%2Ftraining%2Findex.aspx>

The DOH also asked us to inform members that, whenever these forms ask for
an NPI or MMIS number, if the FI does not have one, please write “N/A” in
the box, as the field itself is required. While all FIs likely have MMIS
numbers to bill Medicaid, I know that NPI numbers are often a problem, so
it was positive to see this taken into consideration by the Department.

2021 Wage Impact Survey

In large part to help our efforts in drawing attention to the impact of a
lack of investment in CDPA and home care, CDPAANYS has released a survey
targeting consumers and designated representatives on the impact that low
wages are having on your ability to recruit and retain workers, as well as
the what the pending increase in wages to $15 for the fast food sector
(Upstate and on Long Island and Westchester) will mean.

We ask that you publicize and distribute this survey to as many of your
consumers as possible, so that we have an accurate picture of the situation
statewide. Responses will be used in a written report regarding the state
of the program and how reimbursement and wages for consumer directed
personal assistants (PAs) affects that health. The survey is anonymous and
results do not tie back to any particular FI.

This survey is intended to be completed by New York state residents with a
disability who receive Consumer Directed Personal Assistant Services
(CDPAS) or individuals acting as a designated representative. It can serve
as an excellent way for FIs to communicate your involvement in CDPAANYS to
consumers, and convey to them how that involvement is helping them receive
a better program. Links to the survey in both English and Spanish are below.

Click here to take the survey in English
<https://forms.gle/aozVTC39YFBd6FTb7>.

Para cursarlo en español, haga clic aquí!
<https://forms.gle/k2rTFsbwcrKy1u7JA>
Conference & Events Survey

The Conference Committee has developed and distributed a survey regarding
attitudes regarding a return to in-person conferences and events.
Specifically, this survey is to gauge interest in the resumption of an
in-person Annual Conference. CDPAANYS is holding space at the Hilton Garden
Inn Troy on October 27 & 28, 2021. (Save the Date!!)

We would very much appreciate your opinions on this matter, as we know they
are varied.  To weigh in and share your thoughts on in-person conferences,
please take the survey. <https://forms.gle/Zb9EemJDRAiEqviz6>

Annual Meeting - Have You Voted?

CDPAANYS’ Annual Meeting will take place on Thursday, May 27 at 12:00 PM,
having been changed because of a conflict with Shavuot. If you have not
already done so, you may sign up to participate via Zoom using this
registration link.
<https://zoom.us/meeting/register/tJEtf-CupzsoHdMYkwKOmG3o7EO0ObIsqEr5> In
addition to “regular” Board matters, the Board elections will be finalized.
We will also briefly review the organization’s policy and political
philosophy, what has shaped it, how it has benefited FIs and consumers, and
more.

As a reminder, all Provider Members whose memberships are in good standing
(payments may not be 90 days or more overdue) are eligible to vote in the
Board elections. Your organization’s primary CDPA contact should have
received an access email to vote electronically from
noreply at electionrunner.com on April 16, including instructions to login and
cast your vote. Paper ballots were also mailed to each Provider Member. The
deadline to vote in the elections is Wednesday, May 26. If an electronic
and paper ballot are cast, the electronic ballot will be counted and the
paper ballot will be discarded held aside and not counted.

Not sure if you voted? Contact Laura Cardwell at 518-813-9537 x1 or email
laura at cdpaanys.org.



*CDPAANYS  *  119 Washington Ave., 3A  *  Albany, NY 12210  *  518-813-9537
<518-813-9537> (ph)  *  518-813-9539 <518-813-9539> (fax) *

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