Bill Text: NY S07793 | 2023-2024 | General Assembly | Amended
Bill Title: Adds certain human services programs to the designated human services programs eligible for a cost of living adjustment.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced) 2024-02-02 - PRINT NUMBER 7793A [S07793 Detail]
Download: New_York-2023-S07793-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7793--A 2023-2024 Regular Sessions IN SENATE December 8, 2023 ___________ Introduced by Sens. PERSAUD, CLEARE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recom- mitted to the Committee on Finance in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend part DD of chapter 57 of the laws of 2023 establishing a cost of living adjustment for designated human services programs, in relation to programs that are eligible for a cost of living adjustment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1 of part DD of chapter 57 of the laws of 2023 2 establishing a cost of living adjustment for designated human services 3 programs is amended to read as follows: 4 Section 1. 1. Subject to available appropriations and approval of the 5 director of the budget, the commissioners of the office of mental 6 health, office for people with developmental disabilities, office of 7 addiction services and supports, office of temporary and disability 8 assistance, office of children and family services, [and] the state 9 office for the aging, the state education department, the department of 10 health, and the director of the office of victim services, shall estab- 11 lish a state fiscal year [2023-24] 2024-25 cost of living adjustment 12 (COLA), effective April 1, [2023] 2024, for projecting for the effects 13 of inflation upon rates of payments, contracts, or any other form of 14 reimbursement for the programs and services listed in paragraphs (i), 15 (ii), (iii), (iv), (v), [and] (vi), (vii), (viii), and (ix) of subdivi- 16 sion four of this section, and any state-funded human services programs. 17 The COLA established herein shall be applied to the appropriate portion 18 of reimbursable costs or contract amounts. Where appropriate, transfers 19 to the department of health (DOH) shall be made as reimbursement for the 20 state share of medical assistance. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13740-03-4S. 7793--A 2 1 2. Notwithstanding any inconsistent provision of law, subject to the 2 approval of the director of the budget and available appropriations 3 therefore, for the period of April 1, [2023] 2024 through March 31, 4 [2024] 2025, the commissioners and directors shall provide funding to 5 support a four percent (4.0%) cost of living adjustment under this 6 section for all eligible programs and services as determined pursuant to 7 subdivision four of this section. 8 3. Notwithstanding any inconsistent provision of law, and as approved 9 by the director of the budget, the 4.0 percent cost of living adjustment 10 (COLA) established herein shall be inclusive of all other cost of living 11 type increases, inflation factors, or trend factors that are newly 12 applied effective April 1, [2023] 2024. Except for the 4.0 percent cost 13 of living adjustment (COLA) established herein, for the period commenc- 14 ing on April 1, [2023] 2024 and ending March 31, [2024] 2025 the commis- 15 sioners and directors shall not apply any other new cost of living 16 adjustments for the purpose of establishing rates of payments, contracts 17 or any other form of reimbursement. The phrase "all other cost of living 18 type increases, inflation factors, or trend factors" as defined in this 19 subdivision shall not include payments made pursuant to the American 20 Rescue Plan Act or other federal relief programs related to the Corona- 21 virus Disease 2019 (COVID-19) pandemic Public Health Emergency. This 22 subdivision shall not prevent the office of children and family services 23 from applying additional trend factors or staff retention factors to 24 eligible programs and services under paragraph (v) of subdivision four 25 of this section. 26 4. Eligible programs and services. (i) Programs and services funded, 27 licensed, or certified by the office of mental health (OMH) eligible for 28 the cost of living adjustment established herein, pending federal 29 approval where applicable, include: office of mental health licensed 30 outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of 31 the office of mental health regulations including clinic, continuing day 32 treatment, day treatment, intensive outpatient programs and partial 33 hospitalization; outreach; crisis residence; crisis stabilization, 34 crisis/respite beds; mobile crisis, part 590 comprehensive psychiatric 35 emergency program services; crisis intervention; home based crisis 36 intervention; family care; supported single room occupancy; supported 37 housing; supported housing community services; treatment congregate; 38 supported congregate; community residence - children and youth; 39 treatment/apartment; supported apartment; community residence single 40 room occupancy; on-site rehabilitation; employment programs; recreation; 41 respite care; transportation; psychosocial club; assertive community 42 treatment; case management; care coordination, including health home 43 plus services; local government unit administration; monitoring and 44 evaluation; children and youth vocational services; single point of 45 access; school-based mental health program; family support children and 46 youth; advocacy/support services; drop in centers; recovery centers; 47 transition management services; bridger; home and community based waiver 48 services; behavioral health waiver services authorized pursuant to the 49 section 1115 MRT waiver; self-help programs; consumer service dollars; 50 conference of local mental hygiene directors; multicultural initiative; 51 ongoing integrated supported employment services; supported education; 52 mentally ill/chemical abuse (MICA) network; personalized recovery 53 oriented services; children and family treatment and support services; 54 residential treatment facilities operating pursuant to part 584 of title 55 14-NYCRR; geriatric demonstration programs; community-based mentalS. 7793--A 3 1 health family treatment and support; coordinated children's service 2 initiative; homeless services; and promises zone. 3 (ii) Programs and services funded, licensed, or certified by the 4 office for people with developmental disabilities (OPWDD) eligible for 5 the cost of living adjustment established herein, pending federal 6 approval where applicable, include: local/unified services; chapter 620 7 services; voluntary operated community residential services; article 16 8 clinics; day treatment services; family support services; 100% day 9 training; epilepsy services; traumatic brain injury services; hepatitis 10 B services; independent practitioner services for individuals with 11 intellectual and/or developmental disabilities; crisis services for 12 individuals with intellectual and/or developmental disabilities; family 13 care residential habilitation; supervised residential habilitation; 14 supportive residential habilitation; respite; day habilitation; prevoca- 15 tional services; supported employment; community habilitation; interme- 16 diate care facility day and residential services; specialty hospital; 17 pathways to employment; intensive behavioral services; basic home and 18 community based services (HCBS) plan support; health home services 19 provided by care coordination organizations; community transition 20 services; family education and training; fiscal intermediary; support 21 broker; and personal resource accounts. 22 (iii) Programs and services funded, licensed, or certified by the 23 office of addiction services and supports (OASAS) eligible for the cost 24 of living adjustment established herein, pending federal approval where 25 applicable, include: medically supervised withdrawal services - residen- 26 tial; medically supervised withdrawal services - outpatient; medically 27 managed detoxification; medically monitored withdrawal; inpatient reha- 28 bilitation services; outpatient opioid treatment; residential opioid 29 treatment; KEEP units outpatient; residential opioid treatment to absti- 30 nence; problem gambling treatment; medically supervised outpatient; 31 outpatient rehabilitation; specialized services substance abuse 32 programs; home and community based waiver services pursuant to subdivi- 33 sion 9 of section 366 of the social services law; children and family 34 treatment and support services; continuum of care rental assistance case 35 management; NY/NY III post-treatment housing; NY/NY III housing for 36 persons at risk for homelessness; permanent supported housing; youth 37 clubhouse; recovery community centers; recovery community organizing 38 initiative; residential rehabilitation services for youth (RRSY); inten- 39 sive residential; community residential; supportive living; residential 40 services; job placement initiative; case management; family support 41 navigator; local government unit administration; peer engagement; voca- 42 tional rehabilitation; support services; HIV early intervention 43 services; dual diagnosis coordinator; problem gambling resource centers; 44 problem gambling prevention; prevention resource centers; primary 45 prevention services; other prevention services; [and] community 46 services; and addiction treatment centers. 47 (iv) Programs and services funded, licensed, or certified by the 48 office of temporary and disability assistance (OTDA) eligible for the 49 cost of living adjustment established herein, pending federal approval 50 where applicable, include: nutrition outreach and education program 51 (NOEP); community action agencies; New York state supportive housing 52 program; solutions to end homelessness program; and state supplemental 53 nutrition assistance program outreach program. 54 (v) Programs and services funded, licensed, or certified by the office 55 of children and family services (OCFS) eligible for the cost of living 56 adjustment established herein, pending federal approval where applica-S. 7793--A 4 1 ble, include: programs for which the office of children and family 2 services establishes maximum state aid rates pursuant to section 398-a 3 of the social services law and section 4003 of the education law; emer- 4 gency foster homes; foster family boarding homes and therapeutic foster 5 homes; supervised settings as defined by subdivision twenty-two of 6 section 371 of the social services law; adoptive parents receiving 7 adoption subsidy pursuant to section 453 of the social services law; 8 [and] congregate and scattered supportive housing programs and support- 9 ive services provided under the NY/NY III supportive housing agreement 10 to young adults leaving or having recently left foster care; advantage 11 after-school program; child care resource and referral agencies; empire 12 state after-school program; healthy families New York; maternal, infant, 13 and early childhood home visiting initiative; New York state commission 14 for the blind; residential and non-residential domestic violence 15 services and preventative services as defined by section 409 of the 16 social services law. 17 (vi) Programs and services funded, licensed, or certified by the state 18 office for the aging (SOFA) eligible for the cost of living adjustment 19 established herein, pending federal approval where applicable, include: 20 community services for the elderly; expanded in-home services for the 21 elderly; [and] supplemental nutrition assistance program; New York 22 connects program; long term ombudsman program; Medicaid transportation 23 program; naturally occurring retirement communities (NORCs); neighbor- 24 hood naturally occurring retirement communities (NNORCs); and social 25 adult day services program. 26 (vii) Programs and services funded, licensed, or certified by the 27 state education department eligible for the cost of living adjustment 28 established herein, pending federal approval where applicable, include: 29 community schools; adult literacy education programs; and independent 30 living centers. 31 (viii) Programs and services funded, licensed, or certified by the 32 office of victim services eligible for the cost of living adjustment 33 established herein, pending federal approval where applicable, include: 34 crime victim service programs as defined by section 631-a of the execu- 35 tive law. 36 (ix) Programs and services funded, licensed, or certified by the 37 department of health eligible for the cost of living adjustment estab- 38 lished herein, pending federal approval where applicable, include: 39 health home care management agencies authorized under section 365-l of 40 the social services law; and rape crisis programs. 41 5. All state-funded human services programs not listed in paragraphs 42 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), and (ix) of subdivi- 43 sion four of this section shall be deemed eligible for the cost of 44 living adjustment established herein, pending federal approval where 45 applicable, if such program or service is provided to individuals or 46 groups of individuals, for the purpose of improving or enhancing such 47 individuals' health and/or welfare, by addressing social problems. The 48 commissioners of the office of mental health, the office for people with 49 developmental disabilities, the office of addiction services and 50 supports, the office of temporary and disability assistance, the office 51 of children and family services, the state office for the aging, the 52 state education department, the department of health, and the director 53 of the office of victim services shall publish a list of such newly 54 eligible programs and services each year on department websites no later 55 than March first and review the current list of cost of living adjust- 56 ment eligible programs every five years.Each local government unit orS. 7793--A 5 1 direct contract provider receiving funding for the cost of living 2 adjustment established herein shall submit a written certification, in 3 such form and at such time as each commissioner or director shall 4 prescribe, attesting how such funding will be or was used to first 5 promote the recruitment and retention of non-executive direct care 6 staff, non-executive direct support professionals, non-executive clin- 7 ical staff, or respond to other critical non-personal service costs 8 prior to supporting any salary increases or other compensation for exec- 9 utive level job titles. 10 6. Notwithstanding any inconsistent provision of law to the contrary, 11 agency commissioners and directors shall be authorized to recoup funding 12 from a local governmental unit or direct contract provider for the cost 13 of living adjustment established herein determined to have been used in 14 a manner inconsistent with the appropriation, or any other provision of 15 this section. Such agency commissioners or directors shall be authorized 16 to employ any legal mechanism to recoup such funds, including an offset 17 of other funds that are owed to such local governmental unit or direct 18 contract provider. 19 § 2. This act shall take effect immediately and shall be deemed to 20 have been in full force and effect on and after April 1, 2024.
