[The following message was sent to all speech teachers on Nov. 6, 2013 by Chapter Leader Mindy Bornemann.]

The DOE has informed us that it intends to create a new position for speech teachers who have a Speech and Language Pathology license. The title of this position — "Teacher – Medicaid Speech Services" — says it all.  The DOE wants to put your professional license on the line to seek Medicaid reimbursement for speech services.

Learning of the DOE’s move, UFT President Michael Mulgrew noted that the UFT has long been trying to get the DOE to come up with a comprehensive Medicaid reimbursement plan for all services eligible for Medicaid reimbursement. He said the DOE's failure to claim more than $500 million in Medicaid reimbursements for services provided to students with special needs each year is one of the biggest scandals of the Bloomberg administration. Now, he said, as they are walking out the door, they are putting your professional license in jeopardy to cover up their gross incompetence.

As your chapter leader, I can assure you that the UFT has aggressively bargained in good faith with the DOE on behalf of speech teachers who have their SLP licenses to receive additional benefits if it wants to use your professional license and change your professional duties to increase reimbursements. Among the demands we put on the table were: salary stipends, reimbursement for licensure renewal fees, indemnity protections, malpractice insurance, clinical fellowship opportunities and mentoring, increased time and support for SESIS/paperwork tasks, and more professional development opportunities.  With this posting, the DOE has summarily rejected everything we have been fighting for.

We are planning to take immediate legal action to seek to stop it. Thankfully, we have only 56 days left in the Bloomberg administration.

It is our understanding that this newly created position will be open to both new and current speech teachers who have an SLP license. Only speech teachers with SLP licenses in "Medicaid eligible locations" can apply and remain in their current schools. Even so, if the DOE determines that it has a greater need in another location, there is no guarantee that the speech teacher who has accepted this position will be able to remain in his or her school. Other speech teachers with SLP licenses can apply and be considered for a transfer to a "Medicaid eligible location." Be assured that we will fight any effort by the DOE to replace speech teachers without SLP licenses serving in "Medicaid eligible locations" with speech teachers in this new position.

While the final decision whether to apply for the new position is yours, we caution you to seriously consider whether the new responsibilities and duties, appointment to a new tenure area and requirement to serve a new probation period are worth the $5,000 stipend that the DOE is offering. 

I have worked as a speech teacher for the DOE for over 30 years and I have my SLP license. In addition to the requirement to serve a new probationary period, these are some of the factors that I urge you to consider:

1.    SESIS is used to capture information for Medicaid claims. There is not enough time in the workday — even with the 37½ minutes — to complete SESIS documentation requirements in a careful, thoughtful and contemporaneous manner. Many of you still do not have the equipment or bandwidth to perform your SESIS work in your school. And all of you who use SESIS have by now encountered the inability to correct inadvertent mistakes.

2.    "Referrals," in the context of this position, are the equivalent of doctor's orders for speech services. Since most speech evaluations are done by private contract providers, speech teachers with SLP licenses who accept this position will be required to write "referrals" for students they did not evaluate. Medicaid also requires diagnostic coding for these "referrals."

3.    The DOE makes no commitment to keep teachers in this new position apprised of changes in Medicaid regulations, policies and procedures. Those who accept this position can expect to be left on their own to learn about these things.

4.    You will be providing the DOE with access to your SLP license, NPI number and Medicaid ID for the purpose of Medicaid claims. Problems that may occur in your work resulting from lack of appropriate professional development, misunderstandings of federal and state Medicaid rules or inaccurate or incomplete documentation in SESIS could lead to disciplinary charges by the Office of Professions and the potential loss of your professional license.

5.    Medicaid allows school districts to seek Medicaid reimbursement for services provided by speech teachers without SLP licenses who work "under the direction of" a speech teacher with that license. It is only a matter of time before this responsibility is added to your duties — without the time to complete it.

The union is also committed to protecting current speech teachers who are not required to have an SLP license for their current positions.

Please make sure that you only use your non-DOE email for any correspondence about this issue. The UFT leadership will keep you posted about any updates.

This issue will be discussed at our monthly meeting with UFT leadership. I will set up other meetings throughout the city to have a dialogue and answer any questions that you may have. The hotline number remains available at (212) 598-7774 from 4–6 p.m.