Home and Community Based Services (HCBS) Waiver and Non-Waiver Enrolled Respite Services
NY-ADR
9/27/17 N.Y. St. Reg. PDD-29-17-00005-A
NEW YORK STATE REGISTER
VOLUME XXXIX, ISSUE 39
September 27, 2017
RULE MAKING ACTIVITIES
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
NOTICE OF ADOPTION
I.D No. PDD-29-17-00005-A
Filing No. 781
Filing Date. Sept. 12, 2017
Effective Date. Sept. 27, 2017
Home and Community Based Services (HCBS) Waiver and Non-Waiver Enrolled Respite Services
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Parts 633, 635 and 686 of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 13.07, 13.09(b) and 16.00
Subject:
Home and Community Based Services (HCBS) Waiver and Non-Waiver Enrolled Respite Services.
Purpose:
To amend the existing regulations for HCBS Waiver Respite and create five separate categories of Respite.
Text or summary was published
in the July 19, 2017 issue of the Register, I.D. No. PDD-29-17-00005-EP.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Office of Counsel, Bureau of Policy and Regulatory Affairs, Office for People With Developmental Disabilities (OPWDD), 44 Holland Avenue, 3rd Floor, Albany, NY 12229, (518) 474-7700, email: [email protected]
Additional matter required by statute:
Pursuant to the requirements of the State Environmental Quality Review Act, OPWDD, as lead agency, has determined that the action described herein will have no effect on the environment and an E.I.S. is not needed.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2020, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
This document contains a response to the public comment submitted during the public comment period for emergency/proposed regulations concerning Respite services.
Comment: A commenter stated that it would be a burden on accounting departments of providers and agencies to have to begin billing for the five separate categories of Respite for a July 1, 2017 effective date.
Response: No changes to the proposed regulations were made in response to this comment. The regulations were filed on an emergency basis to ensure continuity of critical services for individuals with developmental disabilities. Additionally, the emergency filing was necessary to incorporate service design changes based on stakeholder feedback as well as federal government approval requirements regarding the proposed service changes.
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