Lance's Corner

Governor Hochul Signs More Child Abuse Reporting Training Requirements Into Law

Feb 12, 2024

Governor Hochul has signed into law more requirements for child abuse reporting training (see a copy of Chapter 25 of the Laws of 2024 below) – this time requiring specific training on handling a child who has an intellectual or developmental disability.  The new law allows two years in which to take this training, which will be part of the regular child abuse reporting training course.  More details will come from the state agencies implementing the new course requirements (New York State Education Department for dentists).  It should be noted that this is different than the recent changes made to the child abuse reporting training law that must be completed by April 1, 2025.  The new training on children with intellectual or developmental disabilities must be completed by November 17, 2026.  Governor Hochul had signed this into law on November 17, 2023, but only on condition that this Chapter 25 be passed in 2024 to extend the deadline for taking the new course requirements on intellectually/developmentally disabled children to November 17, 2026.

LAWS OF NEW YORK, 2024

                                         CHAPTER 25

  1       AN  ACT to amend the social services law, in relation to extending time
  2         frames for updated mandated reporter training
  3
  4           Became a law February 7, 2024, with the approval of the Governor.
  5                Passed by a majority vote, three-fifths being present.
  6
  7         The People of the State of New York, represented in Senate and  Assem-
  8       bly, do enact as follows:
  9
10         Section 1.  Subdivision 6 of section 413 of the social services law, as
11       amended by a chapter of the laws of 2023 amending the social services
12       law relating to updating the mandated reporter training to include how
13       to identify an abused or maltreated child with an intellectual or devel-
14       opmental disability, as proposed in legislative bills numbers S. 6463-A
15       and A. 7366, is amended to read as follows:
16         6.  The office of children and family services shall update training
17       issued to persons and officials required to report cases of suspected
18       child abuse or maltreatment to include guidance on identifying an abused
19       or maltreated child when such child is an individual with an intellectu-
20       al or developmental disability as defined in section 1.03 of the mental
21       hygiene law.  Such guidance shall be developed in consultation with the
22       justice center for the protection of people with special needs.  Persons
23       and officials required to report cases of suspected child abuse or
24       maltreatment shall have [one year] two years from the effective date of
25       this subdivision to receive such updated mandated reporter training.
26         § 2.  This act shall take effect on the same date and in the same
27       manner as a chapter of the laws of 2023 amending the social services law
28       relating to updating the mandated reporter training to include how to
29       identify an abused or maltreated child with an intellectual or devel-
30       opmental disability, as proposed in legislative bills numbers S. 6463-A
31       and A. 7366, takes effect.
32
33       The Legislature of the STATE OF NEW YORK ss:
34         Pursuant to the authority vested in us by section 70-b of the Public
35       Officers Law, we hereby jointly certify that this slip copy of this
36       session law was printed under our direction and, in accordance with such
37       section, is entitled to be read into evidence.
38
39          ANDREA STEWART-COUSINS                             CARL E. HEASTIE
40       Temporary President of the Senate                Speaker of the Assembly
41
42
43
44
45       EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law
46                                    to be omitted.

USDOL Issues Comprehensive Employer Guidance on Long COVID

The United States Department of Labor (USDOL) has issued a comprehensive set of resources that can be accessed below for employers on dealing with Long COVID.

Supporting Employees with Long COVID: A Guide for Employers

The “Supporting Employees with Long COVID” guide from the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) and Job Accommodation Network (JAN) addresses the basics of Long COVID, including its intersection with mental health, and common workplace supports for different symptoms.  It also explores employers’ responsibilities to provide reasonable accommodations and answers frequently asked questions about Long COVID and employment, including inquiries related to telework and leave.

Download the guide

Accommodation and Compliance: Long COVID

The Long COVID Accommodation and Compliance webpage from the USDOL-funded Job Accommodation Network (JAN) helps employers and employees understand strategies for supporting workers with Long COVID.  Topics include Long COVID in the context of disability under the Americans with Disabilities Act (ADA), specific accommodation ideas based on limitations or work-related functions, common situations and solutions, and questions to consider when identifying effective accommodations for employees with Long COVID.  Find this and other Long COVID resources from JAN, below:

Long COVID, Disability and Underserved Communities: Recommendations for Employers

The research-to-practice brief “Long COVID, Disability and Underserved Communities” synthesizes an extensive review of documents, literature and data sources, conducted by the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) on the impact of Long COVID on employment, with a focus on demographic differences.  It also outlines recommended actions organizations can take to create a supportive and inclusive workplace culture for people with Long COVID, especially those with disabilities who belong to other historically underserved groups.

Read the brief

Long COVID and Disability Accommodations in the Workplace

The policy brief “Long COVID and Disability Accommodations in the Workplace” explores Long COVID’s impact on the workforce and provides examples of policy actions different states are taking to help affected people remain at work or return when ready.  It was developed by the National Conference of State Legislatures (NCSL) as part of its involvement in USDOL’s State Exchange on Employment and Disability (SEED) initiative.

Download the policy brief

Understanding and Addressing the Workplace Challenges Related to Long COVID

The report “Understanding and Addressing the Workplace Challenges Related to Long COVID” summarizes key themes and takeaways from an ePolicyWorks national online dialogue through which members of the public were invited to share their experiences and insights regarding workplace challenges posed by Long COVID.  The dialogue took place during summer 2022 and was hosted by USDOL and its agencies in collaboration with the Centers for Disease Control and Prevention and the U.S. Surgeon General.

Download the report

Working with Long COVID

The USDOL-published “Working with Long COVID” fact sheet shares strategies for supporting workers with Long COVID, including accommodations for common symptoms and resources for further guidance and assistance with specific situations.

Download the fact sheet

COVID-19: Long-Term Symptoms

This USDOL motion graphic informs workers with Long COVID that they may be entitled to temporary or long-term supports to help them stay on the job or return to work when ready, and shares where they can find related assistance.

Watch the motion graphic

A Personal Story of Long COVID and Disability Disclosure

In the podcast “A Personal Story of Long COVID and Disability Disclosure,” Pam Bingham, senior program manager for Intuit’s Diversity, Equity and Inclusion in Tech team, shares her personal experience of navigating Long COVID symptoms at work.  The segment was produced by the USDOL-funded Partnership on Employment and Accessible Technology (PEAT) as part of its ongoing “Future of Work” podcast series.

Listen to the podcast

HHS OIG Issues Annual Report on State MFCUs

Per the notice below, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services (HHS) has issued its annual report on the performance of state Medicaid Fraud Control Units (MFCUs).

Medicaid Fraud Control Units Fiscal Year 2023 Annual Report (OEI-09-24-00200) 

Medicaid Fraud Control Units (MFCUs) investigate and prosecute Medicaid provider fraud and patient abuse or neglect. OIG is the Federal agency that oversees and annually approves federal funding for MFCUs through a recertification process. This new report analyzed the statistical data on annual case outcomes—such as convictions, civil settlements and judgments, and recoveries—that the 53 MFCUs submitted for Fiscal Year 2023.  New York data is as follows:

Outcomes

  • Investigations1 - 556
  • Indicted/Charged - 9
  • Convictions - 8
  • Civil Settlements/Judgments - 28
  • Recoveries2 - $73,204,518

Resources

  • MFCU Expenditures3 - $55,964,293
  • Staff on Board4 - 257

1Investigations are defined as the total number of open investigations at the end of the fiscal year.

2Recoveries are defined as the amount of money that defendants are required to pay as a result of a settlement, judgment, or prefiling settlement in criminal and civil cases and may not reflect actual collections.  Recoveries may involve cases that include participation by other Federal and State agencies.

3MFCU and Medicaid Expenditures include both State and Federal expenditures.

4Staff on Board is defined as the total number of staff employed by the Unit at the end of the fiscal year.

Read the Full Report

View the Statistical Chart

Engage with the Interactive Map

GAO Issues Report on Medicaid Managed Care Service Denials and Appeal Outcomes

The United States Government Accountability Office (GAO) has issued a report on federal use of state data on Medicaid managed care service denials and appeal outcomes.  GAO found that federal oversight is limited because it doesn't require states to report on Medicaid managed care service denials or appeal outcomes and there has not been much progress on plans to analyze and make the data publicly available.  To read the GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the first link below.  To read GAO highlights of the report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the second link below.
https://www.gao.gov/assets/d24106627.pdf  (GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes)
https://www.gao.gov/assets/d24106627_high.pdf  (GAO highlights on federal use of state data on Medicaid managed care service denials and appeal outcomes)

CMS Issues Latest Medicare Regulatory Activities Update

The Centers for Medicare and Medicaid Services (CMS) has issued its latest update on its regulatory activities in the Medicare program.  While dentistry is only minimally connected to the Medicare program, Medicare drives the majority of health care policies and insurance reimbursement policies throughout the country.  Therefore, it always pays to keep a close eye on what CMS is doing in Medicare.  To read the latest CMS update on its regulatory activities in Medicare, use the link below.
https://www.cms.gov/training-education/medicare-learning-network/newsletter/2024-03-14-mlnc