Education & Human Services News September 2, 2020

Lower Ed Updates

Updated Guidance on School Facilities Released

The State Education Department (SED) issued an updated FAQ regarding school facility issues including:

  • Architects’ Stamps: SED clarified that there is no requirement for a design professional to certify and sign and seal the submitted floor plan.
  • Technical Assistance: School administrators are encouraged to call the Office of Facilities Planning with any questions regarding facilities issues as school reopening plans are developed.
  • Transparent Sneeze Guards: The requirements for sneeze guards/separators remain as issued in the July 28 guidance.
  • Desk Separation: Measurements to facilitate social distancing in classrooms have been clarified and revised to conform with the DOH distance of at least six feet between persons.
  • Hallway Doors: This temporary measure will allow doors without automatic door closers to be left open – to improve ventilation and reduce contact with door handles to prevent the spread of COVID-19.

USDA Extends Free Meals for Kids Through December 31, 2020

U.S. Department of Agriculture (USDA) announced they will extend several flexibilities through December 31, 2020 to allow summer meal program operators to continue serving free meals to all children into the fall months. According to the press release, USDA’s Food and Nutrition Service (FNS) is extending a suite of nationwide waivers for the Summer Food Service Program (SFSP) and Seamless Summer Option (SSO) through the end of 2020, or until available funding runs out. This includes:

  • Allowing SFSP and SSO meals to be served in all areas and at no cost;
  • Permitting meals to be served outside of the typically-required group settings and meal times;
  • Waiving meal pattern requirements as necessary; and
  • Allowing parents and guardians to pick-up meals for their children.

Governor Announces Lower-Risk School Sports in All Regions May Begin September 21

Governor Cuomo announced that lower-risk, school-sponsored sports including tennis, soccer, cross country, field hockey and swimming may begin to practice and play beginning September 21st. Travel for practice or play will be prohibited outside of the school’s region or contiguous regions or counties until October 19th. In accordance with the Department of Health’s guidance for sports and recreation during the COVID-19 public health emergency, practices for higher-risk sports are limited to individual or group, no- to low-contact training. Higher-risk sports include football, wrestling, rugby, hockey and volleyball.

Yesterday, the State Education Department issued further guidance regarding eligibility for interscholastic athletics, inclusive athletics and extracurricular activities.

Reimbursement Authorized for Residential CSE Placements

The Office of Children and Family Services issued a notice of emergency adoption that removes an existing regulatory barrier that precludes maintenance reimbursement for residential CSE programs when a student has been absent from the program for more than 15 days. This comes in recognition that widespread, unanticipated absences in excess of 15 days have occurred in residential CSE programs as a result of COVID-19 and the state of emergency declared in relation to the pandemic.

July 2019 to June 2020 CFR

The State Education Department posted the July 2019 – June 2020 Consolidated Fiscal Report (CFR) Transmittal Letter. The letter, manual, and appendices are available on Rate Setting Unit’s website here.

Higher Ed Updates

HESC Notifies Partial Release of 2019-20 Payments

Last week the Higher Education Services Corporation (HESC) issued a notification releasing payments totaling 80 percent of certified awards through July 31, 2020 due to dramatically reduced state revenues. In addition, the notification states “Please note that authorization to hold students harmless due to COVID-19 remains pending. Consequently, recipients of a STEM, Excelsior, ETA or PTS award who were flagged as “Impacted by COVID-19” cannot have their accounts credited at this time.”

Exec Releases Supplemental Guidance Regarding Containment

The Governor announced guidance for infection rates on college campuses and mitigation actions schools must take when the infection rate rises above certain levels. Schools are required to institute remote learning with limited on-campus activity if colleges have 100 cases or if the number of cases equal 5 percent of their population within a two-week period. During that time, athletic activities and other extracurricular activities must be suspended, and dining hall options must move to take-out only. If clusters under the threshold exist, which strain the school’s ability to contain or properly manage the outbreak; remote learning will also be required.

Guidance on Gyms Released

New York State released reopening guidelines for gymnasia & fitness centers overnight. While institutions of higher ed have their own reopening guidance, this guidance explicitly includes gyms & fitness centers at institutions of higher education. These guidelines take effect Statewide on Monday, August 24th; however, county executives and local health officials will have certain responsibilities & powers, including the power to postpone the August 24th reopening date in their respective jurisdiction to as late as September 2nd.

Human Services Updates

Guidance Released to Authorize Child Care for School-Age Children

The Office of Children and Family Services issued a notice of emergency adoption to clarify interpretation of Social Services Law 390 as to when school-age children may attend child care programs during the academic school year and align with federal guidance regarding when child care subsidy may be used for school-age children attending child care programs during the academic school year. As schools transition to hybrid and/or remote learning options in response to the COVID-19 emergency, some school-age children may still need adequate supervision on weekdays by child care programs. These regulations clarify when this is allowable by defining “non-school hours” and “those periods of the year in which school is not in session” to be any time a specific child is not physically required to be present in school as part of the regular school day, including during virtual and/or remote learning.

Guidance Regarding Child Care Subsidy and Remote Learning Released

The Office of Children and Family Services released guidance to direct local social services districts (LSSDs) on how to handle eligibility determinations and authorizations for child care assistance during periods when school-age children are engaged in remote, virtual, or online schoolwork or instruction in a child care setting. Specifically, the guidance mandates that LSSDs pay providers the actual cost of child care up to the applicable market rates during such time when children are in care. Child care subsidies must be paid for the entire duration of a child’s daily attendance in child care, including the time spent in remote learning as well as the time spent in other activities.

COVID-19 Temporary Assistance Waiver Extension

Last week, the Office of Temporary and Disability Assistance (OTDA) notified local social service districts that they are extending the ability for districts to waive certain temporary assistance eligibility requirements until December 31, 2020. The following items have been extended until close of business December 31, 2020:

  • Allowing TA eligibility interviews to be conducted by phone;
  • Allowing TA recertification interviews to be conducted by phone;
  • Allowing drug/alcohol and domestic violence screenings to be conducted by phone;
  • Extending domestic violence waivers;
  • Enabling districts with local procedures or other processes that requires frequent contact with individuals experiencing homelessness and residing in emergency housing to conduct these contacts via phone, with reduced frequency as appropriate for the population; and,
  • Allowing temporary modifications to previously approved Case Supervisor Review (CSR) plans.

Assembly Hosts Virtual Press Conference Urging Governor Reinstate Prompt Payments

Last week Assemblymembers Jaffee, Hevesi, and Rosenthal in conjunction with the Human Services Council of New York (HSC) and the New York Council on Non-Profits (NYCON) held a virtual press conference to urge Governor Cuomo to rescind Executive Order 202.55, which extends the suspension of prompt payment laws. Both lawmakers and representatives of non-profit organizations stated that non-profit employees should be considered “essential workers” and spoke to the challenges faced by their employees and their served communities during the COVID-19 pandemic, with HSC further noting that New York’s lack of support for non-profit organizations only compounds the disparate impact of the ongoing economic crisis on low-income communities. Lawmakers promised to continue pushing the Governor to make approximately $4 billion in funding available to non-profits.

SFY 2020-21 Social Services Block Grant (Title XX) Allocations

The Office of Children and Family Services (OCFS) provided local departments of social services (LDSSs) with their Title XX Social Services Block Grant (SSBG) allocations for State Fiscal Year (SFY) 2020-21. There are no notable changes from last year’s issuance of this LCM.

Health Updates

The Department of Health has issued the following notices:

  • Children’s Services Rate Announcement– This notice clarifies recent changes to Medicaid rates for children/youth services, as a result of the SFY 2020-21 Enacted Budget and to explain the impact of Across the Board (ATB) reductions to Medicaid payments on children/youth services.
  • Children’s Waiver Appendix K Updated FAQ to Address HCBS COVID-19 Questions– This document is an UPDATED FAQ to Address additional HCBS COVID-19 Questions that have been received regarding how to managed the Children’s Waiver processes during COVID-19
  • HCBS Provider De-Designation Procedure– This document provides the new de-designation procedure for Children’s Waiver providers. This procedure has been developed to ensure a more accurate list of available providers. NYS Children’s Team is hoping that with an accurate list of designated providers, we can better identify gaps of service providers and assist referring entities in connecting with available providers able to take referrals.
  • Communication with NYS DOH Capacity Management for the Children’s Waiver– This document provides basic communication that must occur with NYS DOH Capacity Management by HHCM/C-YES to ensure that the children/youth eligible for the HCBS Children’s Waiver can be guaranteed a slot within the Waiver.
  • Deadline extended to Sunday, September 13, for Provider Relief Fund (PRF) Applications– CMS announced that Sunday, September 13th, is the new deadline for Medicaid and Child Health Plus (CHP) providers to apply for the Provider Relief Fund (PRF) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Paycheck Protection Program and Health Care Enhancement Act.

Public Hearing Calendar

Impact of COVID-19 on Individuals with either a Mental Illness or an Intellectual or Developmental Disability

The Assembly Committee on Mental Health is hosting a virtual public hearing to examine the impact of the COVID-19 pandemic on individuals with either a mental illness or an intellectual or developmental disability, with a focus on their ability to access services, and the potential need for additional resources or policies and procedures that will help to mitigate the impact of COVID-19.

Tuesday, September 8, 2020

10:00 AM

Web Link: https://www.nyassembly.gov/av/live/

Impact of COVID-19 on Food Insecurity in New York State

The Assembly Committee on Social Services is hosting a virtual public hearing to examine the effects that financial instability caused by the COVID19 pandemic has had on food insecurity in New York State.

Wednesday, September 9th, 2020

11:00 AM

Web Link: https://www.nyassembly.gov/av/live/

Funding Opportunities

Letter of Interest (LOI) # 1042 Voluntary Foster Care Agency Medicaid Training

The New York State Office of Children & Family Services (OCFS) announced an opportunity for qualified entities that provide a comprehensive training program for OCFS-licensed, Article 29-I Voluntary Foster Care Agency Health Facilities (Click here for Article 29-I guidance) Medicaid Managed Care transition activities, Children and Family Treatment Support Services and Home and Community Based Waiver Services. Under the anticipated contract, the organization will provide training opportunities to Voluntary Foster Care Agency staff, Children and Family Treatment Support Services providers, Home and Community Based Service Providers, Health Home Staff, and Local Departments of Social Services staff; at times, dates and locations specified and/or approved by OCFS.

  • Due date: 09/25/2020 4:00 PM

Up to $158 Million to Advance Action Plan Combating Homelessness

Governor Cuomo announced the release of two requests for proposals for programs that build and support homeless housing across the state. Combined, the Homeless Housing and Assistance Program and the Empire State Supportive Housing Initiative make available $158 million for projects that will house New Yorkers experiencing homelessness and provide supportive services aimed at addressing the root causes of housing instability. This funding continues the work of the Governor’s unprecedented $20 billion, five-year housing plan, which is creating or preserving 100,000 units of affordable housing and has spurred the development of more than 6,600 of supportive housing units across the state.

  • Empire State Supportive Housing Initiative -Round 5 (2020)- The Office of Mental Health is issuing this RFP to advance the five-year goal of developing more than 6,000 units of supportive housing over five years for persons identified as homeless with special needs, conditions or other life challenges. Includes an investment of new supportive housing resources and services to address vulnerable populations experiencing homelessness, requiring tailored services based on the specific populations to be served.
  • Webinar: To be held on 9/18/2020 at 1 PM
  • Questions Due: 9/23/20
  • Due Date: 10/19/20
  • Homeless Housing and Assistance Program (HHAP) 2020/2021- The Homeless Housing and Assistance Corporation (HHAC) and the New York State (NYS) Office of Temporary and Disability Assistance (OTDA) are inviting applicants to apply for funding under the Homeless Housing and Assistance Program (HHAP). HHAP enacted by Chapter 61 of the Laws of 1983 and set out in Sections 41 through 44 of the Social Services Law, authorizes a program of State-funded grants or loans to acquire, construct or rehabilitate housing to expand the supply of housing for low-income persons who are, or would otherwise be, homeless. A homeless person is defined as an undomiciled person (whether alone or as a member of a family) who is unable to secure permanent and stable housing without special assistance, as determined by the Commissioner of OTDA. Not-for-profit corporations and their subsidiaries, charitable organizations, municipalities and public corporations are eligible to be funded. Up to $5 million may be reserved for the development of projects serving homeless persons with HIV/AIDS, and another $5 million may be reserved for the development of projects services homeless veterans. Additionally, up to $2 million may be used for emergency shelter repairs in local social service districts with a population of less than five million.
  • Due Date: This is an open-ended RFP, meaning proposals will be accepted for consideration on a continuous basis until funds are no longer available for award or until HHAC suspends or terminates the open-ended RFP.