Bill Text: NY A02215 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the inclusion and development of certain cost of living adjustments and to providing funding to increase salaries and related fringe benefits to direct care workers, direct support professionals and clinical workers including Medicaid Service Coordination.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-08 - referred to mental health [A02215 Detail]
Download: New_York-2019-A02215-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2215 2019-2020 Regular Sessions IN ASSEMBLY January 22, 2019 ___________ Introduced by M. of A. GUNTHER, SANTABARBARA, WOERNER, WALSH, M. L. MILLER -- read once and referred to the Committee on Mental Health AN ACT to amend part C of chapter 57 of the laws of 2006, relating to establishing a cost of living adjustment for designated human services programs, in relation to the inclusion and development of certain cost of living adjustments and to providing funding to increase salaries and related fringe benefits to direct care workers, direct support professionals and clinical workers including Medicaid Service Coordination The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3-e of section 1 of part C of chapter 57 of 2 the laws of 2006, relating to establishing a cost of living adjustment 3 for designated human services programs, as added by section 2 of part Q 4 of chapter 57 of the laws of 2017, is amended to read as follows: 5 3-e. (i) Notwithstanding the provisions of subdivision 3-b of this 6 section or any other inconsistent provision of law, and subject to the 7 availability of the appropriation therefor, for the programs listed in 8 paragraphs (i), (ii), and (iii) of subdivision 4 of this section, the 9 commissioners shall provide funding to support (1) an overall average 10 three and one-quarter percent (3.25%) increase to total salaries for 11 direct care staff, direct support professionals for each eligible state- 12 funded program beginning January 1, 2018; and (2) an overall average 13 three and one-quarter percent (3.25%) increase to total salaries for 14 direct care staff and direct support professionals, and clinical staff, 15 including position code 351 relating to Medicaid Service Coordination, 16 for each eligible state-funded program beginning April 1, 2018; (3) an 17 overall average three and one-quarter percent (3.25%) increase to total 18 salaries for direct care staff and direct support professionals, and 19 clinical staff, including position code 351 relating to Medicaid Service 20 Coordination, for each eligible state-funded program beginning April 1, 21 2020; (4) an overall average three and one-quarter percent (3.25%) 22 increase to total salaries for direct care staff and direct support EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02839-01-9A. 2215 2 1 professionals, and clinical staff, including position code 351 relating 2 to Medicaid Service Coordination, for each eligible state-funded program 3 beginning April 1, 2021; (5) an overall average three and one-quarter 4 percent (3.25%) increase to total salaries for direct care staff and 5 direct support professionals, and clinical staff, including position 6 code 351 relating to Medicaid Service Coordination, for each eligible 7 state-funded program beginning April 1, 2022; and (6) an overall average 8 three and one-quarter percent (3.25%) increase to total salaries for 9 direct care staff and direct support professionals, and clinical staff, 10 including position code 351 relating to Medicaid Service Coordination, 11 for each eligible state-funded program beginning April 1, 2023. For the 12 purpose of this funding increase, direct support professionals are indi- 13 viduals employed in consolidated fiscal reporting position title codes 14 ranging from 100 to 199; direct care staff are individuals employed in 15 consolidated fiscal reporting position title codes ranging from 200 to 16 299; and clinical staff are individuals employed in consolidated fiscal 17 reporting position title codes ranging from 300 to 399, specifically 18 including position code 351 relating to Medicaid Service Coordination. 19 (ii) The funding made available pursuant to paragraph (i) of this 20 subdivision shall be used: (1) to help alleviate the recruitment and 21 retention challenges of direct care staff, direct support professionals 22 and clinical staff employed in eligible programs, including Medicaid 23 Service Coordination; and (2) to continue and to expand efforts to 24 support the professionalism of the direct care workforce. Each local 25 government unit or direct contract provider receiving such funding shall 26 have flexibility in allocating such funding to support salary increases 27 to particular job titles to best address the needs of its direct care 28 staff, direct support professionals and clinical staff, including Medi- 29 caid Service Coordination. Each local government unit or direct contract 30 provider receiving such funding shall also submit a written certif- 31 ication, in such form and at such time as each commissioner shall 32 prescribe, attesting to how such funding will be or was used for 33 purposes eligible under this section. Further, providers shall submit a 34 resolution from their governing body to the appropriate commissioner, 35 attesting that the funding received will be used solely to support sala- 36 ry and salary-related fringe benefit increases for direct care staff, 37 direct support professionals and clinical staff, including Medicaid 38 Service Coordination, pursuant to paragraph (i) of this subdivision. 39 Salary increases that take effect on and after April 1, 2017 may be used 40 to demonstrate compliance with the January 1, 2018 funding increase 41 authorized by this section, except for salary increases necessary to 42 comply with state minimum wage requirements. Such commissioners shall be 43 authorized to recoup any funds as appropriated herein determined to have 44 been used in a manner inconsistent with such standards or inconsistent 45 with the provisions of this subdivision, and such commissioners shall be 46 authorized to employ any legal mechanism to recoup such funds, including 47 an offset of other funds that are owed to such local governmental unit 48 or provider. 49 (iii) Where appropriate, transfers to the department of health shall 50 be made as reimbursement for the state share of medical assistance. 51 § 2. This act shall take effect immediately and shall be deemed to 52 have been in full force and effect on and after April 1, 2019; provided, 53 however, that the amendments to section 1 of part C of chapter 57 of the 54 laws of 2006 made by section one of this act shall not affect the repeal 55 of such section and shall be deemed repealed therewith.
