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ALBANY, NY (10/19/04) Disability
rights advocates celebrated today as news spread that Governor Pataki signed
the Nursing Facility Transition and Diversion Waiver Bill (A.11798/S.7715) into
law on Tuesday, October 19, 2004.
The bill authorizes the creation of
a Medicaid Waiver program serving Medicaid recipients over 18 years old who are
eligible for nursing facility placement. Essentially the waiver will allow
enrolled individuals the flexibility to use funding that would previously have
been restricted to nursing facility care for in-home services.
"We're thrilled that the Governor
signed this bill," remarked Bruce Darling of the Center for Disability Rights
and an organizer with New York State ADAPT. "The Governor promised to address
this critical issue this year in his State of the State. He built on the
recommendations of the Senate Medicaid Reform Task Force and has demonstrated
that it is possible to promote the independence of people with disabilities and
achieve Medicaid savings."Advocates for seniors and people with disabilities
have been working for nearly five years to move New York State forward in
offering the types of community-based services that will be made possible by
this Medicaid Waiver.
Based on a previous Medicaid waiver
for individuals with traumatic brain injuries, the new waiver could potentially
save state taxpayers $96 million annually.
Advocates indicated that the
leadership of Senator Ray Meier (R - Utica) allowed the waiver to come to
fruition this year. Advocates worked closely with Senator Meier, co-chair of
the Senate's Medicaid Reform Task Force, to develop the legislation, which was
passed unanimously in both the NYS Senate and Assembly.
Advocates also praised Assemblyman
Kevin Cahill (D - Ulster), indicating that he was instrumental in building
support for this legislation, which builds on his notable efforts to implement
the Olmstead Decision in New York State.
"This is an opportunity which
provides for independence while saving money for taxpayers. This is an example
of intelligent Medicaid reform which provides better health care, greater
consumer satisfaction, and better cost efficiency for taxpayers," Meier said.
"I want to thank the Center for Disability Rights and the Resource Center for
Independent Living for their advice and expertise in formulating this
legislation, and their persistence and advocacy in getting it passed."
Advocates applauded the Governor for
signing this critical piece of Medicaid reform into law. Seniors and people
with disabilities will now work closely with the New York State Department of
Health in order to develop a waiver program and services that will allow
seniors and people with disabilities to live independently in the community.
"This is truly an example of good public policy," said Burt Danovitz, Executive
Director of the Resource Center for Independent Living. "It fills a major gap
for people with some of the most significant disabilities, allowing them to be
more independent and stay at home-while simultaneously saving Medicaid
dollars."
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