Office of Mental Retardation and Developmental Disabilities

The enacted budget makes the following changes to the Executive Budget (analysis as of March 30, 2009):

• Increases the All Funds appropriation by $1 million in the Central Coordination and Support Program, reflecting Special Revenue-Federal funding for the Assets for Independence Program and other health and human services programs. 

• Rejects Article VII legislation which would have provided for a four year extension, until January 1, 2014, of the current exemption for employees of the Department of Mental Hygiene, the Office of Children and Family Services, and local government operated, regulated, funded or approved programs from certain social work and mental health professional licensure requirements.

The 30 day amendments make the following change to the Executive Budget (analysis as of 1/16/2008):

According to the Assembly Yellow Book (analysis as of December 31, 2008) the Executive Budget:

The Executive Budget recommends (analysis as of December 16, 2008):

A FY 2009-10 workforce of 22,503 FTEs, a decrease of 53 FTEs from the adjusted FTE level for FY 2008-09. This net decrease of 53 FTEs reflects the abolition/layoff of 110 FTEs, and the attrition of 174 FTEs, offset by 231 new fills. The 231 new fills are associated with: community development for special units (+84 FTEs), transition from developmental centers (+64 FTEs), nursing home rundown (+30), and opportunities for difficult to serve individuals (+31 FTEs), as well as 22 FTEs for additional nursing staff to accommodate the mandatory overtime law. OMRDD management has indicated that all position reductions must occur by October 1, 2009 and that they will use layoffs to achieve reductions only as a last resort.

The following table identifies adjustments in the current fiscal year’s FTEs along with the recommended change from the adjusted FY 2008-09 FTEs by program:

• An All Funds appropriation of $2.17 billion, an increase of $159.5 million (7.9%) over the enacted appropriation for FY 2008-09. This includes an $88.8 million (8%) increase in Personal Service and a $9.4 million decrease (-6.9%) in Contractual Services.

• The Howard Park unit of the Bernard Fineson DDSO will be closed (140 beds). The 41 consumers will be transferred to Hillside Campus or other community residences. 28 FTEs are associated with this closure. (FY 2009-10 savings: $0.9 million, FY 2010-11 savings: $1.8 million).

• The MDU at Taconic DDSO will be phased out over 5 years. Staff will be redeployed into community homes and day service programs. Capital funds are provided for the associated development of 65 State-operated community beds.

• Western NY DDSO remains scheduled for closure in FY 2010-11.

• Pursuant to Article VII legislation, the administration of Valley Ridge DDSO will be consolidated with Broome DDSO (the CIT will continue to operate at Valley Ridge, with some administrative functions assumed by Broome DDSO). Reduction of 5 FTES, (FY 2009-10 savings: $0.2 million, FY 2010-11 savings: $0.7 million).

• Streamlining initiatives at IBR will eliminate 11 research related positions that are not related to the core mission or have not generated comparable levels of outside grant funding. Business and payroll functions will be consolidated with Staten Island DDSO (-7 FTEs). (FY 2009-10 savings: $0.9 million, FY 2010-11 savings: $1.8 million). This reduction will not affect the operations of the Jervis Clinic or the lab services at IBR.

• A 20% reduction of Safety and Security Officer (-50FTEs), excluding secure facilities. The Budget states that the functions of these staff are either redundant or can be performed by other OMRDD staff, including “fire alarm testing and other related inspections at community-based programs which are the functions these individuals previously performed”. (FY 2009-10 savings: $1.6 million; FY 2010-11 savings: $3.3 million).

• Consolidating, centralizing and /or regionalizing DDSO administrative functions including business office and human resource activities and coordinating centralized processes governing workforce management. The Agency Presentation attributes a reduction of 50 FTEs, while the Budget Briefing Book attributes 55 FTEs, this should be clarified in statewide labor-management. (FY 2009-10 savings: $1.6 million; FY 2010-11 savings: $3.3 million).

• Restructuring central office (-65 FTEs). (FY 2009-10 savings: $3.1 million; FY 2010-11 savings: $6.2 million)

• Managing position vacancies (-68 FTEs). (FY 2009-10 savings: $2.4 million; FY 2010-11 savings: $4.5 million)

• Controlling non-personal service and capital costs. $1.8 million in savings including automating administrative processes, mothballing closed/vacant buildings, and deferring nonessential maintenance projects.

• 88 individuals receiving more costly services in out-of-state or residential school settings or who have aged out of in- state schools will be provided the choice of receiving services at in-state community residences or receiving the state rate of reimbursement. (FY 2009-10 savings: $3.3 million, FY 2010-11 savings: $5.5 million).

• Development, over a three-year period, of a total of 141 State-operated community residential opportunities for developmental center rundown. These opportunities, combined with the 225 voluntary-operated opportunities funded, will allow OMRDD to achieve closure of all developmental centers – a transition of 450 people to integrated community living over the next several years. 64 additional FTEs are associated with this development in FY 2009-10.

• Development of a total of 24 State-operated community residential opportunities for special unit individuals each year, for a total of 72 over 3 years. 84 additional FTEs are associated with this development in FY 2009-10.

• Development of 12 State-operated community residential opportunities for nursing home rundown each year for 3 years. Skilled nursing home residents with developmental disabilities whose needs can be met in the community will be transitioned to a more integrated setting. 30 additional FTEs are associated with this development in FY 2009-10.

• Maximizing non-State revenues (Food Stamp benefits, HCBS waiver, health care benefits, etc.) for a savings of $179 million (this appears to be for both state and not- for-profit operations).

• Large increases in Holiday/Overtime Compensation occur in the following programs/accounts: Community Services Program, Mental Hygiene Patient Income Account (SRO), $27.55 million (213.3%; Institutional Services, Mental Hygiene Program Income Account, $3.5 million (115.2%). There may be additional increases in the Mental Hygiene Program Fund Accounts (SRO) for both of these programs, however it is difficult to determine these increases because these items were not itemized in this account in the Community Services Program in FY 2008-09 and in the Institutional Services Program funds appear to have been shifted from the Mental Hygiene Patient Income Account to the Mental Hygiene Fund Account and also are not itemized. This fiscally unsound use of overtime funding and clarification of funding shifts should be addressed at Statewide labor management.

• Article VII legislation provides for a four year extension, until January 1, 2014, of the current exemption for employees of the Department of Mental Hygiene, the Office of Children and Family Services, and local government operated, regulated, funded or approved programs from certain social work and mental health professional licensure requirements. This extension will enable State operated and other human service organizations to recruit and retain a sufficient number of staff and achieve savings of over $10 million annually.