Affiliate Update 2013

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7-29-13 CP NEWS

7/29/2013 1:08:58 PM

An HTML version of can be found here. 

7/26/13 Affiliate Update
(Volume #19 – Issue #11)

The Justice Center for the Protection of People with Special Needs became operational on June 30, 2013.  As with any new agency or program, there are kinks that need to be worked out but the Justice Center staff is committed to doing this and to providing efficient and quality services.  Following are web links that may be helpful, but if you have any questions, please call Barbara Crosier at the Affiliate Services Office.

  • Justice Center FAQ’s are available at:


General Info

Mandated Reporter -

VPCR Hotline

Out-of-State Placements -

Surrogate Decision Making -

Barbara Crosier



Governor Cuomo has appointed Courtney Burke, former Commissioner of the Office for People With Developmental Disabilities to the position of Deputy Secretary for Health. In her new position she will oversee OPWDD, as well as the Department of Health, the Office of Alcoholism and Substance Abuse Services, the Office for the Aging, the Office of the Medicaid Inspector General, the Office of Mental Health, the Developmental Disabilities Planning Council, and the newly formed Justice Center.

The governor has named Laurie Kelley acting OPWDD commissioner as of July 26. Ms. Kelley has served as the executive director of Ulster-Greene ARC since 2002. She joined the nonprofit agency in 1999 after more than 20 years as a health care executive.

Al Shibley


CP of NYS has contracted with Jim Moran to work on behalf of the CP of NYS Affiliates.  At a time of significant changes in the developmental disability world, Jim will provide consulting guidance and other services to our Affiliates across the state.

Mr. Moran comes to CP of NYS from the NYS Office for People With Developmental Disabilities (OPWDD) where he served as Executive Deputy Commissioner. In that role he was responsible for the oversight of day-to-day operations of OPWDD’s Central Office and its 13 Developmental Disabilities Services Offices. He worked with the commissioner to craft OPWDD’s policy agenda, advocate for funding resources and workforce enhancements and overall quality of care for people with developmental disabilities and their families.

We are excited to have Jim’s expertise available to our Affiliates and know that you will join us in welcoming him to this new role.

Mr. Moran’s e-mail address is: [email protected].

Al Shibley


Department of Defense Revises Policy Limiting Applied Behavioral Analysis

The Department of Defense (DoD) has announced that its new restrictions on Applied Behavioral Analysis (ABA) for 23,000 military children with autism will apply to non-active duty members covered under the Extended Care Option program or TRICARE Basic and active duty family members receiving ABA after July, 25, 2013.

The proposed changes, scheduled to take effect July 25, require parents to arrange standardized testing every six months for their children in order to continue receiving care, and demonstrate "measurable progress."  Senators Kirsten Gillibrand (D-NY) and Patty Murray (D-WA) have expressed outrage and are urging that the restrictions be eliminated.   For more information on the proposed policy changes, see the letter from Senators Gillibrand and Murray -

National Council on Disability Assesses Impact of ADA

The National Council on Disability (NCD), an independent federal agency, released a report titled “A Promising Start: Preliminary Analysis of Court Decisions Under the ADA Amendments Act,” which reviews the court decisions that have been rendered to date applying the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) and reveals significant improvements in how courts are interpreting protections intended for coverage under the ADA.

NCD’s report offers 23 findings and three recommendations based on an analysis of court decisions made under the ADAAA by examining decisions rendered under ADA amendments that were agreed on across both sides of the aisle in Congress. Using this measure, it is clear that the ADAAA has made a significant positive difference for plaintiffs in ADA lawsuits thus far.

A copy of the report is available online at:

Long-Term Care Commission

The bipartisan Commission on Long-Term Care met last week in Washington, DC and held a public hearing on Populations in Need of Long Term Services and Supports (LTSS) and Service Delivery Issues.  Dr. David Braddock, Executive Director of the Coleman Institute for Cognitive Disabilities and Senior Associate Vice President of the University of Colorado System, was invited to testify. Dr. Braddock is well known in the intellectual and developmental disability (I/DD) community for his work on state spending for services for people with I/DD and his report can be found at:

In his testimony, Dr. Braddock spoke of the need for more investment in supported employment and family caregivers. Dr. Braddock noted that this year was the first in which there was a decrease in public spending on services and supports for individuals with I/DD. Despite this, Dr. Braddock highlighted the progress that many states have made in closing their state institutions; there are now 14 states without public institutions in the United States. Dr. Braddock also pointed out the difference in cost for an individual with I/DD living in an institution, which averages about $220,000 per year, compared with $26,000 per person per year in a supported living setting. Dr. Braddock said that the demand for residential services will continue to grow.

U.S. Senate HELP Committee Issues Report on ADA Integration Mandate

Recently, U.S. Senate Health, Education, Labor, and Pensions (HELP) Committee Chairman, Senator Tom Harkin (D-IA) released a new report revealing that 14 years later, many states are failing to live up to the integration mandate of the Americans with Disabilities Act. The Supreme Court ruled in Olmstead v. L.C. in 1999 that the unnecessary segregation of individuals with disabilities in institutions is a violation of the Americans with Disabilities Act, thus directing states to enable community-based long-term care services for these Americans.

The report, titled “Separate and Unequal: States Fail to Fulfill the Community Living Promise of the Americans with Disabilities Act,” is the result of requests for information sent by Chairman Harkin to all 50 states on the progress made to transition individuals out of institutions. The full report, with executive summary, can be found at:

A copy of responses from states, including a letter from Roger Bearden, New York State Special Counsel for Olmstead, can be found at

Barbara Crosier


The AbleGamers Charity, in conjunction with Minicore Studios, has announced the Summer of Fun Grant Program, the latest round of grants now open for submissions. All gamers with disabilities who are in need of assistive technology to aid gaming are eligible to receive equipment regardless of age. The Summer of Fun grant program will be accepting requests for equipment until July 31, 2013. Grant applications will then be reviewed by the AbleGamers board and given out to those who need the equipment the most until funding for the program is depleted. For more information or to submit a request for equipment, visit the AbleGamers website at The link to the application can be found at the bottom of the page.

Judi Gerson


“Waterfalls,” an original oil painting created by Geill Shippee representing Cerebral Palsy Association of the North Country, has been chosen as the winner of the 2013 CP of NYS Visions of New York Art Contest.  Our congratulations to Geill for her outstanding work of art.

Geill’s creation will be the centerpiece of the commemorative poster featuring artwork from 19 agencies across the state.  The poster is in production and scheduled to be printed next month.  Each Affiliate will receive a copy of the poster. Geill will be presented with a plaque and a framed copy of the poster at the CP of NYS Annual Awards Banquet October 21 in Saratoga Springs.

Michael Fucillo, from UCP of Nassau County was chosen as the first runner-up in the contest for his work entitled “Naturescapes” and “Girl with Flowers”, a painting by Raymond Malpeso of Able2 was the second runner-up. Both will receive certificates recognizing their accomplishments.

Al Shibley

Visions of NY Art Contest Winner
Waterfalls, by Geill Shippee, CP of the North Country


The United Cerebral Palsy Association of Nassau County (ucpn) hosted an unusual Town Hall meeting at its Roosevelt site on July 11.  The idea for the event grew out of a meeting between ucpn Executive Director Bob McGuire and NYS Senate Majority Leader Dean Skelos. Mr. McGuire was the moderator of the Town Hall Meeting. Senator Skelos and his Long Island Republican colleagues Senators Kemp Hannon, Charles Fuschillo and Jack Martins were the featured guests.

Mr. McGuire and Senator Skelos made brief remarks, but program participants, members of their families and ucpn staff held the floor for most of the time and delivered comments and thoughts with poise and conviction.  Each speaker offered insight into problems including the impact of budget cuts on families and the reduction in staff, supports and services as a result of annual cuts in funding by the legislature.

The Senators listened intently and each spoke for a brief time at the end of the meeting.  Each expressed their thanks for this opportunity to meet with the ucpn community and hear directly from people most affected by budget cuts and other policy decisions.  They each commented on how important it was to hear directly from consumers, family members, volunteers and staff. Each Senator promised to continue to advocate on behalf of ucpn and for all people with developmental disabilities.  They also remarked that they heard things that they were unaware of and would be addressing in the upcoming legislative session.
Senator Skelos presented certificates of recognition to all members of the Self-Advocacy group at ucpn and congratulated them on all their efforts.  The self-advocacy group presented each Senator with a starfish pin, given to people who are "making a difference" every day. Each Senator was asked to wear the pin and remember all people with developmental disabilities, their families and the people who work to assist them and to stand up and make a difference for all these people.

CP of NYS President & CEO Susan Constantino and Vice President, Government Relations Barbara Crosier also attended the Town Hall Meeting. “This was an excellent opportunity for some of the most influential members of the New York State Senate to hear firsthand from people directly impacted by government policy just how those decisions impact real people,” said Ms. Constantino. “I commend Senator Skelos and his colleagues for taking the time to participate in the event and hope that we will see similar meetings in the future. Congratulations to Bob McGuire and everyone from ucpn who helped make this meeting such a success.”
Al Shibley

ucpn Town Hall Meeting
Front: Program participants, Bobby Lares, Charlie Fleish, Kevin Christman and Frank Fee.
Back:  Karen Geller-Hittleman, Ernie Bartol, Senator Skelos, Senator Fuschillo, Senator Hannon, Senator Martins, Susan Constantino, Bob Masterson, Barbara Crosier, Bob McGuire

ucpn Town Hall Meeting Speaker
Lisa Borgen, the first speaker of the day on left, her daughter Brittany on right. Brittany's educational aide and CLC staffer, Sylvia White is in middle.


New York State is making $200 million available to fund requests from healthcare and human service providers and other community-based organizations following the impact of Superstorm Sandy. The funding is made available by the Superstorm Sandy Supplemental Social Services Block Grant to cover necessary expenses resulting from the storm, including social, health and mental health services for individuals, and for repair, renovation and rebuilding of health care facilities, mental hygiene facilities, child care facilities and other social services facilities.

To address the needs of these critical health and human service providers and the populations they serve, New York will distribute $200 million in federal Sandy SSBG funding through a public and transparent request for proposals. Applicants can seek funding for:

  • Unreimbursed costs of facility repair, rebuilding and renovation for child care providers, health and mental hygiene facilities, senior centers and similar facilities, and other health and human services facilities in response to Superstorm Sandy, including measures to make damaged facilities more resilient for future severe weather events.
  • Reimbursement for child care, health, mental health, behavioral health, employment, senior-focused and other direct service delivery costs and costs of lost and damaged materials and supplies incurred as a result of Superstorm Sandy.
  • Reimbursement to food banks, food pantries and related organizations and public agencies for costs resulting from increased demand for food relief during and following Superstorm Sandy.
  • Enhanced child care, food/nutrition, health, mental health, behavioral health, employment, legal, senior-focused, volunteer coordination, case management and other direct services to meet the ongoing needs of Sandy-impacted New Yorkers.
  • Equipment and supplies required to deliver enhanced services in Sandy-impacted areas.
  • Other eligible health and social services costs incurred during Sandy as well as ongoing needs from facilities and other providers.

New York State submitted its funding plan to the U.S. Department of Health & Human Services on June 30, and the State Plan was approved on July 22.

Healthcare and human service providers can submit applications for funding through August 30, 2013.

Information about available funding, and a link to the online application, is available at:

Barbara Crosier


David Horsham, from CP of NYS-Metro Services, has again won an award for his photography, placing second in this year’s Voice! 9 Art Show sponsored by Arc Otsego in Oneonta.  Mr. Horsham will receive a congratulatory letter, certificate and a $250 check. This is the second time he has won an award at this show, taking first prize two years ago.

This is the fourth time a member of the Progressive Visions Photo club has won an award. Besides Mr. Horsham, Charles Scaturro won honorable mention last year for his self-portrait, and Rousmaniere Brathwaite won a juror’s award a few years ago.

Al Shibley

David Horsham's prize-winning work
David Horsham’s prize-winning work

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