OPWDD: Emergency Regulations for Determining Eligibility for Services

By Sandi Rosenbaum, Educational Advocate, Littman Krooks LLP The Office for People with Developmental Disabilities (OPWDD) enacted emergency regulations in June 2018, regarding its procedures and criteria for determining eligibility for OPWDD services, further proposing these regulations become permanent; the public comment period ends on August 27, 2018. OPWDD circulated the proposed permanent changes internally, to provider agencies, and to a limited number of committees, in a memo dated June 22, 2018.  However it did not directly notify groups representing family members within OPWDD, nor did it share the information with the Stakeholder List through which it communicates with families. The proposed changes may be harmful both to individuals applying for eligibility and those already receiving services. The emergency/proposed regulations stipulate that “OPWDD may review or re-review an individual’s eligibility at any time. Applicants determined ineligible…

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