Heightened Scrutiny Evidence Summary

Public Notice

In compliance with 42 CFR §441.301(c)(5)(v), the Office for People With Developmental Disabilities (OPWDD) is pleased to announce that it will conduct a public comment period, to allow members of the public to provide comments on its Home and Community-Based Services (HCBS) Final Rule related Heightened Scrutiny evidence summaries, developed by OPWDD and New York State entities that oversee HCBS. This is being done to maintain federal match funding for home and community-based service setting(s) that OPWDD has determined can or will overcome the institutional (i.e., non-eligible for HCBS funding) presumption by Department of Health and Human Services (DHHS), on or before March 17, 2023.

OPWDD settings that are subject to Heightened Scrutiny provide person-centered community-based services in day habilitation or residential settings to individuals with intellectual and developmental disabilities. OPWDD monitors these settings for compliance with HCBS setting requirements. Based on these monitoring activities, OPWDD expects that each setting will maintain the federal match funding for HCBS funding.

This notice further serves to open the 30-day public comment period that will open on April 27, 2022 and close on May 27, 2022. The public will be afforded the opportunity to provide written comments by Email at [email protected] or by mail at OPWDD, Division of Policy and Program Development, 44 Holland Ave., Albany, NY 12229. Written comments that are emailed must be received by the close date of the public comment period. Written comments that are mailed must be postmarked by the close date of the public comment period. 

Drafts of the proposed Heightened Scrutiny Evidence Summaries are available for review at: https://opwdd.ny.gov/heightened-scrutiny-settings. For individuals with limited online access and who require special accommodation, paper copies will be available at the following OPWDD Regional Offices:

OPWDD Regional Office Address

Finger Lakes DDRO

620Westfall Rd./326 Sun St., Rochester, NY 14620

Western NY DDRO

1200 East and West Rd., Bldg. 16, West Seneca, NY 14224

Broome DDRO

249 Glenwood Rd., Binghamton, NY 13905

Central NY DDRO

187 Northern Concourse, North Syracuse, NY 13212

Sunmount DDRO

2445 State Route 30, Tupper Lake, NY 12986

Capital District DDRO

500 Balltown Rd., Schenectady, NY 12304

Hudson Valley DDRO

9 Wilbur Rd., Thiells, NY 10984

Taconic DDRO

38 Firemens Way, Poughkeepsie, NY 12603

Bernard Fineson DDRO

80-45 Winchester Blvd.,Bldg. 80, 2nd Fl., Queens Village, NY 11427

Metro NY DDRO/Bronx

2400 Halsey St., Bronx, NY 10461

Metro NY DDRO/Manhattan

25 Beaver St., 7th Fl., New York, NY 10004

Brooklyn DDRO

888 Fountain Ave., Bldg. 1, 2nd Fl., Brooklyn, NY 11239

OPWDD will consider all written comments received when making its final determination as to whether to continue to seek Medicaid HCBS federal matching funds for the setting(s) in question. OPWDD, in collaboration with the Department of Health HCBS Final Rule point of contact, will include a summary of the results in the next iteration of its HCBS Final Rule Statewide Transition Plan, which will ultimately be subject to an additional public comment period and subsequently posted here: https://www.health.ny.gov/health_care/medicaid/redesign/home_community_based_settings.htm

OPWDD will continue to communicate with stakeholders through the OPWDD Listserv as well as through the OPWDD Website at: https://opwdd.ny.gov. 

Please direct all questions to OPWDD at [email protected] .