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EXECUTIVE DIRECTORS ONLY

8/2/2005 12:00:00 AM

PERSONAL ALLOWANCE REGULATORY CHANGES (E-mail sent regarding changes OMRDD will make to requirements.)

                 UPDATE

 For further information, contact: Susan Constantino, Executive Director

For Your Information.

Thank you.

Susan Constantino

Executive Director

Cerebral Palsy Associations of NYS

----- Original Message -----

From: "Kevin Patricia" <[email protected]>

Sent: Monday, August 01, 2005 1:42 PM

Subject: OMRDD Personal Allowance Regulatory Change

TO:                  Provider Council Members

FROM:            Kevin Patricia

DATE:            August 1, 2005

SUBJECT:     Personal Allowance Regulatory Changes

            Jim Moran has asked me to inform you of changes OMRDD will make to requirements for Personal Allowance management.  These requirements are found in Part 633.14, 633.15 and 633.99.  The changes will be published in the State Register this week.  As you know, all residents with income in OMRDD certified residences have a right to a personal allowance and, in many cases; executive directors of residential agencies manage this money.  Where the executive director has this responsibility he or she is known as the consumer’s representative payee. 

New Social Security Administration Changes

            The revisions we are making to Part 633 are in direct response to a Social Security Administration (SSA) policy change.  This SSA change requires that when a consumer permanently moves from one provider agency’s residence to a residence under another agency’s auspice, the representative payee of the sending residential agency must return to the Social Security Administration “conserved funds” and monthly payments that continue after the consumer leaves the residence.  The sending residence may not forward these funds to the new residential program as is currently allowed.  It should be noted that this SSA policy pertains to both Supplemental Security Income (SSI) and Social Security Disability payments.

Burial Fund Exemption

            SSA did make one exception to its new rule.  A Consumer’s burial funds, which are clearly marked as such, may be directly forwarded from the sending residential provider to the new residential agency.

OMRDD Appeal to SSA

            OMRDD, in an official letter to the Social Security Administration, requested an exemption from this new policy.  We argued that a consumer’s access to his/her personal allowance funds would be delayed under the new requirement.  We also expressed concern regarding the delay in the receiving residential provider obtaining its residential room and care payment.  We noted that, under the new SSA policy, a consumer could go without funds for an extended period of time.  Our request for an exemption was ultimately denied by SSA and thus the need to revise our regulations to comply with the new requirement.

Provider Actions to Address Potential Delays

            SSA itself will send conserved consumer funds and ongoing monthly benefits to the new residential agency only upon designation of a new representative payee for the consumer at that agency.  To speed up the designation process, we need to ensure timely filing of the representative payee application with SSA.  This filing should occur as soon as a new residential placement is planned.

Provider Outreach

            OMRDD will write to all residential providers explaining this regulatory change and will include an article in the MSC Technical Bulletin for service coordinators.  The local Revenue Support Field Offices (RSFO) will address the change in the Catalog training programs they offer and will remain available for any benefit assistance. 

Technical Assistance

            Please feel free to call me with any questions.  I can be reached at (518) 402-4339 or by e-mail at [email protected].

cc:       Helene DeSanto

            Jim Moran

            Lisa Kagan   

            Gary Lind

            Dave Picker

            Joanne Howard

            Dennis Collins

            Peter Pezzolla

            Kathy Broderick

            Jim Moragne

            Denise Pensky

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