For Immediate Release
Contact: Katrin Haldeman | 518-275-1720 | [email protected]
DRNY Public Comment on Emergency Regulation 14 NYCRR § 629.1
September 28, 2018: Albany, NY:  DRNY has submitted comments on the Emergency Regulation 14 NYCRR § 629.1 enacted by the Office for People with Developmental Disabilities (“OPWDD”). DRNY has an interest in ensuring that people with disabilities are able to receive the support they need to live independently in their communities through the Home and Community Based Services (“HCBS”) Waiver.

14 NYCRR § 629.1 unlawfully alters the definition of a developmental disability and unlawfully restricts eligibility for the HCBS Waiver for individuals whom the New York State Legislature had intended to be eligible. By enacting 14 NYCRR § 629.1, OPWDD has exceeded its authority by contravening the Legislature. DRNY offers the comments on 14 NYCRR § 629.1 and why this regulation must be rescinded as written.

OPWDD’s incorporation by reference of its “guidelines” in 14 NYCRR § 629.1 is unlawful. Further, OPWDD and OTDA’s reliance on rules contained in these documents is impermissible.  These rules exceed OPWDD’s statutory authority and therefore, cannot be used to determine someone’s eligibility for HCBS Waiver services. Accordingly, OPWDD must rescind any reference to its guidelines in 14 NYCRR § 629.1.

DRNY’s comments may be found here: [link]

DRNY is the designated independent non-profit Protection & Advocacy System empowered by Congress to investigate allegations of abuse and neglect and provide legal and non-legal advocacy services to people with disabilities in New York State. The Protection & Advocacy System was created by Congress as a direct result of the horrific conditions that were uncovered in the 1970's at New York’s Willowbrook State School.

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DRNY is supported by the U.S. Department of Health & Human Services, Administration on Intellectual and Developmental Disabilities; Center for Mental Health Services, Substance Abuse & Mental Health Services Administration; U.S. Department of Education, Rehabilitation Services Administration; and, the Social Security Administration. This press release does not represent the views, positions or policies of, or the endorsements by, any of these federal agencies.
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