Hochul OKs advocate for people with disabilities as worker shortage threatens independence

Gov. Kathy Hochul has revived and funded the state's Office of the Advocate for People with Disabilities.

To be called the Office for the Chief Disabilities Officer, it was first created by Gov. Mario Cuomo and faded away during Gov. Andrew Cuomo's tenure.

The office will provide a voice for people with disabilities as the community reels from a worker-shortage crisis and recovers from the impact of COVID.

"This is a welcome recognition that something has been lacking, clearly, and yet another indication that this is a brand new day," said Michael Seereiter, president and CEO of the New York Alliance for Inclusion and Innovation.

Hochul signed the bill Friday. The office's director will be appointed by the governor.

"It's going to be small but it's going to be significant because it sits in the governor's office," Seereiter said.

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The legislation also establishes a council that would have representation from many state agencies. One person could have various needs and challenges that have to be addressed through a complex system with little intercommunication.

"Getting agencies to work together," Seereiter said. "That's job No. 1."

Zach Garafalo of the Albany-based Center for Disability Rights, said the council is key. "There was no way to address the systemic needs of disabled New Yorkers," he said. "All the systems are siloed."

State Sen. James Skoufis, who sponsored the bill in the Senate, said securing the advocacy post was a years-long endeavor. "These citizens will finally have a seat at the table to help shape policies that directly impact them," he said.

Assemblyman Phil Steck sponsored the legislation in the Assembly.

Ayisha Salifu, a deaf systems advocate at the Rochester-based Regional Center for Independent Living, said Hochul's signature on the bill Friday shows that the governor "understands the importance of engagement and representation" and acknowledges the lack of support for many people with disabilities.

There is no state-level agency with the sole responsibility of supporting people with physical disabilities, nor one that addresses issues for people who are deaf.

The revived office comes as the human-care workforce is in crisis.

Jobs unfilled

People with physical disabilities often rely on home care workers. But New York faces one of the worst home-care shortages in the nation because wages are so low.

Programs and group homes that serve people with intellectual and developmental disabilities have been shuttered or merged because nonprofit agencies and the Office for People with Developmental Disabilities face a staff shortage. More than 20% of these jobs are vacant, and 93% of agencies that employ direct support professionals say applications for job openings have plummeted.

The workforce that supports people with disabilities is mostly made up of women of color, many of whom are immigrants.

Pay in most areas of the state cannot keep up with what someone can earn at fast-food establishments or big-box stores.

Hochul has promised bonuses and cost-of-living increases for the DSP workforce. The cost of living adjustment, though, doesn't extend to home care or personal attendants.

"We're glad the DSPs are getting those COLAs," Garafalo said. "We just want to protect a workforce that keeps people out of institutions."

Left out of state COVID response

The disabilities advocate role would also help coordinate responses to disasters and prepare for emergencies.

COVID posed significant risks for people with disabilities, chronic health issues and limited independence.

Many have said the disabilities community was put at further risk from the former Cuomo administration's handling of the crisis in nursing homes and in group homes – the state Department of Health and Office for People with Developmental Disabilities issued guidance instructing both to accept people who had tested positive for the virus as cases surged.

The state's COVID response, Garafalo said, demonstrates why a disabilities advocate is needed.

"Look at mass testing sites, for instance," Garafalo said. "Those testing sites were not accessible. Then with the vaccine rollout, blind people reported they couldn't access the state website."

The Office of the Chief Disability Officer is charged with ensuring the state complies with the Americans with Disabilities Act and New York's Olmstead Integration Plan, enacted after a 1999 Supreme Court decision that aims at helping people with disabilities lead full lives.

The Office for the Chief Disabilities Officer will also work with a council to advise them on issues.

Seereiter is waiting to see the effectiveness of the advocate. But, he said, Hochul should be lauded for being "willing to face the music of, 'Hey, we have a problem.'"

Nancy Cutler writes about People & Policy. Click here for her latest stories. Follow her on Twitter at @nancyrockland.

This article originally appeared on Rockland/Westchester Journal News: New York state gets advocate for people with disabilities