FAQ

A disability of a person that: a) is attributable to mental retardationⁱ, cerebral palsyⁱ, epilepsyⁱ, neurological impairment or autism; b) is attributable to any other condition of a person found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons; or c) is attributable ti dyslexia resulting from a disability described in (a) or (b); and 1. originates before such person attains age twenty-two 2. has continued or can be expected to continue indefinitely; and 3. constitutes a substantial handicap to such person's ability to function normally in society.

2. How do I find out if someone meets the guidelines for services?

Eligibility for OMRDD services is determined by the local DDSO eligibility committee.

3. Whom shall I contact for more information?

You can contact your local DDSO. For Ulster, Columbia and Greene counties, the contact is Toni Fisher at (845)382-1899 ext. 127. For Dutchess and Putnam counties, the contact is Barbara Porzio at (845)473-5050 ext. 112.

4. What documentation do I need when I apply for services?

Information that clearly supports a diagnosis of a developmental disability prior to the age of 22. This would usually include school records, developmental history, psychological evaluations, adaptive behavior scales, and medical records.

5. At what age can I apply for services for my child?

Early intervention services are available through the local Department of Health from birth through age three. However, you can apply for OMRDD services at any time.

6. What is a DDP-4?

A DDP-4 is a confidential needs assessment that can be completed by a parent or a professional. The DDP-4 identifies any service needs that an individual has within the next two to three years.

Advocacy

1. What is legal guardianship?

Guardianship is a legal arrangement under which a person (or two people) is appointed by Surrogate Court to manage the personal and/or financial affairs and make decisions for another person.

2. Are there different types of guardianship?

Under the New York State Guardianship Law, there are three types of guardianship.

Guardianship of the person - this allows the guardian to be the decision-maker for the person who is developmentally disabled.
Guardianship of the property - this allows the guardian to control the assets of the individual.
Limited guardianship - this allows the guardian to control the assets over $300.00 per month.

Most parents apply to be guardian of the person and property.

3. If my child is developmentally disabled, am I my child's legal guardian after age 18?

No. Parents often assume that they have the legal authority to continue to make decisions for their son or daughter with a developmental disability beyond childhood simply because they are the parents. This is not the case. Once people reach the age of 18 years, they are presumed by law to be competent to manage their own affairs and make their own decisions about housing, finances, medical care and other matters.

4. How do I apply for guardianship?

Guardianship is obtained in a legal proceeding brought in Surrogate Court. The applicant files a petition together with medical or psychological reports showing a need for guardianship. Some agencies can furnish you with the forms you will need to petition on your own without an attorney (pro se).

5. Do I need a lawyer if I apply for guardianship?

You do not necessarily need an attorney in order to apply for legal guardianship.

6. Who can I contact for more information?

If you would like further information about guardianship, please contact Ulster-Greene ARC - a chapter of NYSARC, the Office of Quality Assurance, 471 Albany Avenue, Kingston, NY 12401. Tel. 845-331-4300 ext. 275. You may also call your local Surrogate Court.

7. How can I leave money and/or assets in my will to my child with a disability?

You should work with an attorney who specializes in Special Needs or Supplemental Needs Trusts in order to protect your child's benefits and entitlements while still providing them assets and/or money from your will.

8. What is a health care proxy?

The New York Health Care Proxy Law allows a person to appoint someone they trust to make health care decisions for them if they lose the ability to make decisions for themselves.

Benefits and Entitlements

1. What is SSI?

SSI - Supplemental Security Income. This program is based on a disability and income eligibility. If under the age of 18, the family income is considered.

2. What is Social Security?

Social Security - This program is usually available to persons whose parents are retired, disabled or deceased. There is always a disability requirement.

3. What is Medicaid?

Medicaid - Medicaid pays for medical expenses. Anyone in receipt of SSI benefits will receive Medicaid. If not in receipt of SSI and over the age of 18 and disabled, eligibility is based on income, assets and living arrangements.

4. What is Medicare?

Medicare - Medicare also pays for medical expenses. Most individuals over the age of 65 and most individuals in receipt of SSD will receive Medicare.

5. What are Food Stamps?

Food stamps - This is a supplemental allotment for food. Eligibility depends on income, assets and living arrangements.

6. When do I apply?

If the individual with the disability is under the age of 18, then a parent can apply for their child. The family's income and assets will be considered.

7. If the disabled person has private medical insurance, why should he or she apply for Medicaid?

Many of the services that are provided by OMRDD (i.e. service coordination, day programs, residential services, etc.) are paid for by Medicaid, not by private insurance.

Vocational Services

1. What is VESID?

VESID stands for Vocational and Educational Services for Individuals with Disabilities. VESID is part of the New York State Education Department. VESID provides funding and counseling for educational and vocational planning to assist individuals obtain and maintain employment.

2. What is a sheltered workshop?

A supervised paid environment for individuals primarily focusing on bench assembly tasks and other contracted jobs.

3. What is supported employment?

Provides opportunities for persons to enter the labor market with the kind of training and supports necessary to sustain community employment.

4. What is competitive employment?

Community based employment with minimum supports.

Day Services

1. What is day habilitation?

Day habilitation services are directed toward acquiring, retaining, and improving skills necessary for an individual to participate in the community. Services can be provided in the community or in a specific location.

2. What is day treatment?

A planned combination of diagnostic, treatment, and rehabilitative services provided at a specific location.

3. What is day training?

Vocational services are designed to assist people with acquiring skills and competencies to improve their vocational functioning. Day training can range from a workshop setting to an enclave to competitive employment.

4. Can there be a flexible schedule to meet the needs of the individual with disabilities?

Each service is unique depending on the agency providing the service and the service recipient. Some day services are designed around the individual with many creative alternatives

Residential Services

1. What is New York State CARES?

This plan, New York State – Creating Alternatives in Residential Environments and Services, provides placement opportunities for people on the waiting list for residential services within a particular DDSO.

2. Is there a waiting list for residential services?

Yes, as soon as you decide to look for residential services, start working with an agency to ensure placement on the NYS – CARES list.

3. What level of supports is available in different residences?

There are several different residential options available. The services can range from a supervised house with clinical supports to a supported apartment with minimum staffing supports.

4. What level of support does the individual with disability need?

The supports are in response to a person’s varying and unique abilities. Proper assessments and programming are required to develop and obtain appropriate services.

5. Are there creative options for residential alternatives?

Yes, there are several options for individualized support services. There are numerous creative options based on the supports needed by the individual from residential habilitation to home ownership.

Transportation Services

1. Is transportation available with day services/vocational services/recreational activities?

For transportation to day services and/or recreational activities, work with the specific programs, your service coordinator or family support person. If your town participates, Dial a Ride may be able to provide some assistance with three days notice; also, in rural areas, para transit may be available through your county.

2. Is transportation available for medical-related services?

Yes, if the individual is insured with Medicaid. For further information, contact your service coordinator or the County Department of Social Services.

Self-Determination

1. What is self-determination?

Self-determination for people with developmental disabilitiesⁱ is a philosophy articulated by the Robert Wood Johnson Foundation’s National Program on Self-Determination and is recognized by OMRDD. Its main principles are that each individual should have, with the support of freely chosen family and friends, the freedom to plan and live, the authority to control a certain amount of resources to purchase needed services, provide support for building a life in the person’s community that is rich in social associations and contributions, and the responsibility to give back to that community through competitive employment, organizational affiliations, spiritual development and general caring for others in the community as well as to be accountable for spending public dollars in ways that are life enhancing for persons with developmental disabilities.

2. What is a circle of support?

This is a group of family, friends, community members and professionals YOU CHOOSE to help decide what supports you need to live responsibly in the community and to help you obtain and maintain your personal goals.

3. What areas are covered in a "life plan"?

When developing a life plan, you may include your hopes and dreams for residential, recreational, vocational, and other aspects of your life.

4. Whom can I contact for more information above self-determination?

There is a self-determination task force within the Taconic DDSO. The liaison person from OMRDD for this region is Eileen McCue at 845-452-9220, ext. 310 or Eileen.McCue@omr.state.ny.us. She can also refer you to other task force members for support or advice.

Waiver Services

1. What is the Home and Community Based Waiver Program?

A Medicaid funded financing mechanism for individuals with developmental disabilities that offer specific services within the home and community, supporting the Individualized Service Environment. For individuals under the age of eighteen, this Waiver enables the individual’s Medicaid application to be considered with the inclusion of the parental income for the determination of Medicaid eligibility.

2. What services are available through the waiver program?

Residential Habilitation – an in-home service providing training in various daily living skills and/or offering opportunities for support for recreational activities.
Day Habilitation – a day service with a majority of the activities community based. Activities are individualized to a person’s specific needs and desires. Services may be in a group situation or rarely 1 –1.
Respite – a service that provides supervision for adults and children, while offering relief to the primary care giving families.
Environmental Modifications and Adaptive Technologies – provides funding for necessary modifications to the home environment or adaptive technologies to allow individuals to remain in the home safely and to facilitate the development of skills for greater independence.
Prevocational Services – a service that provides training and support in a sheltered work environment for individuals for the purpose of increasing work skills in preparation for supportive or competitive employment.
Supportive Employment – a service that provides training, supports and supervision to individuals in a community based work environment, with the ultimate goal of competitive employment.

3. What is the Care at Home Program?

A Medicaid waiver program that allows children with developmental disabilities and complex health needs to receive needed services while living at home.

4. Whom do I call for more information about Waiver Services?

THERE ARE ELIGIBILITY CRITERIA FOR THE HCBS WAIVER - For specific criteria and additional information, please call Barbara Porzio at 845-473-5050 ext. 112 or Toni Fischer at 845-382-1899.

Service Coordination

1. What is service coordination?

Service Coordination is the active assistance offered to people as they navigate the community and various service systems in pursuit of services and supports that will help them achieve their personal goals. Activities of a Service Coordinator include: Individualized Service Planning, Advocacy, Record Keeping, and Assistance with Resolution of Identified Service Problems.

2. How do I access service coordination?

You can access Service Coordination directly from a local non-profit agency or your regional DDSO office.

3. What is Medicaid service coordination?

A service coordination program funded by New York State Medicaid, available to children and adults with developmental disabilities. Eligibility Criteria for OMRDD services must be met and the application for MSC approved by your local DDSO.

Transitional Services

1. When should I start looking for transitional planning from school to adult services?

Transition planning should begin no later than age 14. Your child’s teacher will schedule a meeting with you and your child for that purpose.

2. What is a transition plan?

A transition plan is a coordinated set of activities for a student that prepares her/him for life after school. The plan includes employment, housing, social, recreation and community access. This plan is based on the student’s interests and abilities.

3. How do adult services differ from school services?

School services are services and supports built into the student’s school day and are centered on the transition plan and curriculum. Adult services are services and supports within the community that assist the person with living as independently as possible.

Respite Services

1. What is respite?

Respite Services are intended to give assistance to family members who are responsible for the daily care of a disabled individual. There are several types of respite:

At-home respite – care is provided to the disabled individual in his or her home. The provider can be employed by a local agency or the family may be able to hire someone themselves.
Family support respite – care is provided to the disabled individual in their home. The payment for service is usually done through a reimbursement to the family.
Waiver respite – care is provided to the disabled individual in the family’s home. Funding is provided through enrollment in the HCBS waiver. The respite service is provided by an agency employee.
Free standing respite – this is respite provided out of the home. There are several sites in our region that will accept individuals for various periods of time. Payment depends on the site.

For more information about any respite needs, contact your Medicaid Service Coordinator or the local DDSO.

FAQ

Eligibility for OMRDD Services