New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 641 - Rate Setting For Non-state Providers › Subpart 641-3 - Direct Support and Clinical Compensation Increases › Section 641-3.3 - Increases for Eligible Rate Based Programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) January 1, 2015 Increase. Rates for
				  Eligible Rate Based Programs will be revised to incorporate funding for
				  compensation increases to direct support professional employees. Such rate
				  increases will be effective January 1, 2015. The compensation increase funding
				  will be included in the provider's rate issued for January 1, 2015 or in a
				  subsequent rate with the inclusion of funding in the amount necessary to
				  achieve the same funding impact as if the rate had been issued on January 1,
				  2015. The compensation increase funding will be inclusive of associated fringe
				  benefits.
(b) April 1, 2015
				  Increase. In addition to the compensation funding effective January 1, 2015,
				  providers that operate supervised IRAs, including supervised community
				  residences, supportive IRAs, including supportive community residences, ICFs/DD
				  or group day habilitation will receive a compensation increase targeted to
				  direct support professional and clinical employees to be effective April 1,
				  2015. The compensation increase funding will be inclusive of associated fringe
				  benefits. The April 1, 2015 direct support professional compensation funding
				  will be the same, on an annualized basis, as that which was calculated for the
				  January 1, 2015 compensation increase and will be an augmentation to the
				  January 1, 2015 increase.
(c)
				  Calculations. The basis for the calculation of provider and regional direct
				  care, support and clinical salary averages and associated fringe benefit
				  percentages will be the data in providers' July 1, 2010 - June 30, 2011 or
				  January 1, 2011 - December 31, 2011 CFRs.
(1)
				  The January 1, 2015 and April 1, 2015 Direct Support Professionals compensation
				  increase funding formula will be as follows:
(i) The annual impact of a two percent
				  increase to 2010-11 or 2011 salaried direct care, salaried support dollars and
				  associated fringe benefits will be calculated.
(ii) The annual impact of the two percent
				  increase for salaried direct care dollars, salaried support dollars and
				  associated fringe will be added to the appropriate operating components in the
				  rate methodology. This will result in a recalculation of provider and regional
				  average direct care wages, provider and regional average employee-related
				  components, provider and regional average program support components, and
				  provider and regional average direct care hourly rates.
(iii) The provider direct care hourly rate -
				  adjusted for a wage equalization factor will be recalculated to utilize the
				  provider average direct care hourly rate and regional average direct care
				  hourly rate (as calculated in (ii) above).
(iv) An identification will be made of the
				  dollar difference between the provider direct care hourly rate - adjusted for a
				  wage equalization factor, which is in the rate in effect on 12/31/2014, and the
				  provider direct care hourly rate- adjusted for a wage equalization factor, as
				  calculated in (iii) above.
(v) The
				  rate difference identified in (iv) above will be multiplied by the calculated
				  direct care hours in the rate in effect on 12/31/2014 to calculate the
				  additional funding generated by the direct care compensation adjustment.
(vi) The rate add-on for the
				  compensation increase shall be determined by dividing the additional funding,
				  as calculated in (v) above by the rate sheet units in effect on January 1,
				  2015.