New York

A federal judge’s decision that the Fair Labor Standards Act applies to thousands of home care workers who had been exempt is causing providers to rethink the way they provide services. The ruling in Evelyn Coke v. Long Island Care at Home, Ltd. & Maryann Osborne found that workers who are employed by agencies or other third parties are entitled to overtime pay if they work more than a 40 hour week & they are covered by minimum wage laws & other FLSA rules, such as compensation for travel time.

The Department of Housing and Urban Development (HUD) has published final FY 2005 Fair Market Rents (FMRs) that reflect the estimated 40th and 50th percentile rent levels trended to April 1, 2005. The FMRs determine the Section 8 payment amounts established by HUD for counties. FMRs apply to both renewal rents and initial rents for vouched programs. HUD is legally required to publish FMRs at least annually, adjusted to be effective on the first of October of each year.

This material was part of an educational series addressing long-term care choices in Broome County, New York. The series of booklets includes the following titles: Paying for Long-Term Care; Facility and Community Options; Help at Home; What you Should Know About Staying at Home; When You Are the One Providing Care; Advance Health Care Planning; Adults with Disabilities; and Healthy Choices for Living Well.

A get acquainted teleconference for 2003 and 2004 Family to Family grantees with Kathy Rama of CMS and facilitated by Darrell Jones of ILRU on November 10, 2004.

This report describes the FY ‘01 & FY ‘02 Grantees’ accomplishments & progress, using information from 10/1/02 to 9/30/03 (Year Two of grant period for FY ‘01 Grantees & Year One of grant period for FY ‘02 Grantees). The report describes grant activities in six major areas: Consumer Direction & Control, Access to LTC Services & Supports, State Budgeting & Reimbursement Rates & Methodologies, Service Creation/Modification, LTC Service & Support Workforce, Quality Management Mechanism.

On October 5, 2004, HHS Secretary Tommy Thompson announced $31 million in grants to 31 states to help people with disabilities or long-term illnesses live in their homes and participate fully in community life. The grants were awarded under the New freedom Initiative and are known as Real Choice Systems Change Grants. A total of 52 grants were awarded in nine categories. The press release, which describes the grant categories, and list of grantees are available.

On August 23, 2004, the Community Living Exchange Collaborative at Rutgers Center for State Health Policy hosted a conference call on Children's SED Waivers presented to Community-based Treatment Alternatives for Children (CTAC) grantees. The agenda will included presentations from NY, KS, VT, IN, WI. Please note: This was an informal presentation to a small group of grantees.

Some state agencies use online applications for assessing and determining eligibility for health and social service programs. This issue brief highlights some of the key considerations for states moving toward online applications. The discussion includes advantages, disadvantages, and some state examples.

New York Office of Mental Health website on evidence-based practices. Description of wellness self management for individuals experiencing recovery from a mental illness. Users will also find resources on Medicare D, RFPs, Provider Guidance documents, resources and webcasts

This report addresses the liability issues that may arise in government-sponsored consumer-directed personal assistance programs. The report focuses on Cash & Counseling Demonstration programs in AR, FL & NJ, In-Home Supportive Services Program in CA & Consumer-Directed Personal Assistance Program in NY. The reports purpose: first, identify circumstances where negligence could result in liability and what persons are likely to be liable; second, identify steps to reduce exposure to liability.