NY State Senate Bill 2017-S8184

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2018	reported and committed to rules
Apr 26, 2018	print number 8184a
Apr 26, 2018	amend (t) and recommit to finance
Apr 16, 2018	referred to finance

Votes

- Jun 5, 2018 - Finance Committee Vote
  S8184
  
  34
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jun 5, 2018
      
      aye (34)
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Dilan
      
      Felder
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Kaminsky
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      O'Mara
      
      Peralta
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stavisky
      
      Valesky
      
      Young
      
      nay (1)
      
      Parker
      
      aye wr (2)
      
      Benjamin
      
      Krueger

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2017-S8184 - Details

Current Committee:: Senate Rules
Law Section:: Mental Hygiene
Laws Affected:: Amd part C §1, Chap 57 of 2006

2017-S8184 - Summary

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.

2017-S8184 - Sponsor Memo

                                
 
BILL NUMBER: S8184

SPONSOR: ORTT
 
TITLE OF BILL:  An act to amend part C of chapter 57 of the laws of
2006, relating to establishing a cost of living adjustment for desig-
nated  human services programs, in relation to the inclusion and devel-
opment 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 employed by not-for-
profits funded by the office for people with developmental disabilities,
the office of mental health and the office of alcoholism and substance
abuse services

 
PURPOSE:

This legislation provides for a period of 4 years an additional 3.25
increase to salaries and benefits for direct care workers employed by
not for profits operating under OMH, OPWDD, and OASAS contracts.

 
SUMMARY OF PROVISIONS:

Section 1 provides for a period of 4 years an additional 3.25 increase
to salaries and benefits for direct care workers employed by not for
profits operating under OMH, OPWDD, and OASAS contracts.

Section 2 is the effective date.

 
JUSTIFICATION:

The last two budgets have included funding to support direct care work-
ers at not for profits performing services under OMH, OPWDD, and OASAS.
However, going forward there is no statutory language ensuring that the
commitment to direct care workers is continued for the four remaining
years, this legislation seeks to address this.

Direct care workers are the front line of providing the needed service
to those individuals receiving services under the mental hygiene umbrel-
la. Direct care workers which are overwhelmingly women and also more
than fifty percent minority, are not paid enough to make ends meet and
are often driven to other professions where they can make more money,
rather than be able to stay at a job that they enjoy, providing valuable
services to individuals who need that level of care and compassion.

The work and care provided by these individuals is worthy of more pay
than they receive, unfortunately their employers which work on meager
margins as not for profits receive almost all of their funding from the
State of New York, and cannot afford to provide an increase in compen-
sation. This legislation continues to provide some relief to these work-
ers. It is still not enough for what they do, but it is important to
show them that the State of New York cares, supports, and values what
they do.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

Approximately $45 million annually.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8184 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8184
 
                             I N  S E N A T E
 
                              April 16, 2018
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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 employed by not-for-
   profits  funded  by the office for people with developmental disabili-
   ties, the office of mental health and the  office  of  alcoholism  and
   substance abuse services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3-b and 3-c of section 1 of part C of  chapter
 57  of  the  laws  of  2006,  relating  to establishing a cost of living
 adjustment for designated human services programs, as amended by section
 1 of part Q of chapter 57 of the laws of 2017, are amended  to  read  as
 follows:
   3-b.  Notwithstanding  any  inconsistent  provision  of law, beginning
 April 1, 2009 and ending March 31, 2016 and beginning April 1, 2017  and
 ending March 31, [2018] 2019, the commissioners shall not include a COLA
 for  the  purpose  of  establishing  rates of payments, contracts or any
 other form of reimbursement, provided  that  the  commissioners  of  the
 office  for people with developmental disabilities, the office of mental
 health, and the office of alcoholism and substance abuse services  shall
 not  include  a COLA beginning April 1, 2017 and ending March 31, [2019]
 2023.
   3-c. Notwithstanding any  inconsistent  provision  of  law,  beginning
 April 1, [2018] 2019 and ending March 31, [2021] 2022, the commissioners
 shall develop the COLA under this section using the actual U.S. consumer
 price  index  for  all  urban  consumers (CPI-U) published by the United
 States department of labor, bureau of labor statistics  for  the  twelve
 month  period  ending  in  July  of  the budget year prior to such state
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15156-01-8

 S. 8184                             2
 
 fiscal  year,  for  the  purpose  of  establishing  rates  of  payments,
 contracts or any other form of reimbursement.
   §  1-a.  Subdivision  3-e  of section 1 of part C of chapter 57 of the
 laws of 2006, relating to establishing a cost of living  adjustment  for
 designated  human  services programs, as added by section 2 of part Q of
 chapter 57 of the laws of 2017, is amended to read as follows:
   3-e. (i) Notwithstanding the provisions of  subdivision  3-b  of  this
 section  or  any other inconsistent provision of law, and subject to the
 availability of the appropriation therefor, for the programs  listed  in
 paragraphs  (i),  (ii),  and (iii) of subdivision 4 of this section, the
 commissioners shall provide funding to support (1)  an  overall  average
 three  and  one-quarter  percent  (3.25%) increase to total salaries for
 direct care staff, direct support professionals for each eligible state-
 funded program beginning January 1, 2018; and  (2)  an  overall  average
 three  and  one-quarter  percent  (3.25%) increase to total salaries for
 direct care staff and direct support professionals, and clinical  staff,
 INCLUDING  POSITION  CODE 351 RELATING TO MEDICAID SERVICE COORDINATION,
 for each eligible state-funded program beginning April 1, 2018;  (3)  AN
 OVERALL  AVERAGE THREE AND ONE-QUARTER PERCENT (3.25%) INCREASE TO TOTAL
 SALARIES FOR DIRECT CARE STAFF AND  DIRECT  SUPPORT  PROFESSIONALS,  AND
 CLINICAL STAFF, INCLUDING POSITION CODE 351 RELATING TO MEDICAID SERVICE
 COORDINATION,  FOR EACH ELIGIBLE STATE-FUNDED PROGRAM BEGINNING APRIL 1,
 2019; (4) AN OVERALL  AVERAGE  THREE  AND  ONE-QUARTER  PERCENT  (3.25%)
 INCREASE  TO  TOTAL  SALARIES  FOR  DIRECT CARE STAFF AND DIRECT SUPPORT
 PROFESSIONALS, AND CLINICAL STAFF, INCLUDING POSITION CODE 351  RELATING
 TO MEDICAID SERVICE COORDINATION, FOR EACH ELIGIBLE STATE-FUNDED PROGRAM
 BEGINNING  APRIL  1,  2020; (5) AN OVERALL AVERAGE THREE AND ONE-QUARTER
 PERCENT (3.25%) INCREASE TO TOTAL SALARIES FOR  DIRECT  CARE  STAFF  AND
 DIRECT  SUPPORT  PROFESSIONALS,  AND  CLINICAL STAFF, INCLUDING POSITION
 CODE 351 RELATING TO MEDICAID SERVICE COORDINATION,  FOR  EACH  ELIGIBLE
 STATE-FUNDED PROGRAM BEGINNING APRIL 1, 2021; AND (6) AN OVERALL AVERAGE
 THREE  AND  ONE-QUARTER  PERCENT  (3.25%) INCREASE TO TOTAL SALARIES FOR
 DIRECT CARE STAFF AND DIRECT SUPPORT PROFESSIONALS, AND CLINICAL  STAFF,
 INCLUDING  POSITION  CODE 351 RELATING TO MEDICAID SERVICE COORDINATION,
 FOR EACH ELIGIBLE STATE-FUNDED PROGRAM BEGINNING APRIL 1, 2022.  For the
 purpose of this funding increase, direct support professionals are indi-
 viduals employed in consolidated fiscal reporting position  title  codes
 ranging  from  100 to 199; direct care staff are individuals employed in
 consolidated fiscal reporting position title codes ranging from  200  to
 299;  and clinical staff are individuals employed in consolidated fiscal
 reporting position title codes ranging from  300  to  399,  SPECIFICALLY
 INCLUDING POSITION CODE 351 RELATING TO MEDICAID SERVICE COORDINATION.
   (ii)  The  funding  made  available  pursuant to paragraph (i) of this
 subdivision shall be used: (1) to help  alleviate  the  recruitment  and
 retention  challenges of direct care staff, direct support professionals
 and clinical staff employed in  eligible  programs,  INCLUDING  MEDICAID
 SERVICE  COORDINATION;  and  (2)  to  continue  and to expand efforts to
 support the professionalism of the direct  care  workforce.  Each  local
 government unit or direct contract provider receiving such funding shall
 have  flexibility in allocating such funding to support salary increases
 to particular job titles to best address the needs of  its  direct  care
 staff,  direct support professionals and clinical staff, INCLUDING MEDI-
 CAID SERVICE COORDINATION. Each local government unit or direct contract
 provider receiving such funding shall  also  submit  a  written  certif-
 ication,  in  such  form  and  at  such  time as each commissioner shall
 prescribe, attesting to how  such  funding  will  be  or  was  used  for

 S. 8184                             3
 
 purposes  eligible under this section. Further, providers shall submit a
 resolution from their governing body to  the  appropriate  commissioner,
 attesting that the funding received will be used solely to support sala-
 ry  and  salary-related  fringe benefit increases for direct care staff,
 direct support professionals  and  clinical  staff,  INCLUDING  MEDICAID
 SERVICE  COORDINATION,  pursuant  to  paragraph (i) of this subdivision.
 Salary increases that take effect on and after April 1, 2017 may be used
 to demonstrate compliance with the  January  1,  2018  funding  increase
 authorized  by  this  section,  except for salary increases necessary to
 comply with state minimum wage requirements. Such commissioners shall be
 authorized to recoup any funds as appropriated herein determined to have
 been used in a manner inconsistent with such standards  or  inconsistent
 with the provisions of this subdivision, and such commissioners shall be
 authorized to employ any legal mechanism to recoup such funds, including
 an  offset  of other funds that are owed to such local governmental unit
 or provider.
   (iii) Where appropriate, transfers to the department of  health  shall
 be made as reimbursement for the state share of medical assistance.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2018; provided,
 however, that the amendments to section 1 of part C of chapter 57 of the
 laws of 2006 made by sections one and one-a of this act shall not affect
 the repeal of such section and shall be deemed repealed therewith.

co-Sponsors

View additional co-sponsors

2017-S8184A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Mental Hygiene
Laws Affected:: Amd part C §1, Chap 57 of 2006

2017-S8184A (ACTIVE) - Summary

2017-S8184A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8184A

SPONSOR: ORTT
 
TITLE OF BILL:

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 profes-
sionals and clinical workers including Medicaid Service Coordination

 
PURPOSE:

This legislation provides for a period of 4 years an additional 3.25
increase to salaries and benefits for direct care workers employed by
not for profits operating under OMH, OPWDD, and OASAS contracts.

 
SUMMARY OF PROVISIONS:

Section 1 provides for a period of 4 years an additional 3.25 increase

to salaries and benefits for direct care workers employed by not for
profits operating under OMH, OPWDD, and OASAS contracts.

Section 2 is the effective date.

 
JUSTIFICATION:

The last two budgets have included funding to support direct care work-
ers at not for profits performing services under OMH, OPWDD, and OASAS.
However, going forward there is no statutory language ensuring that the
commitment to direct care workers is continued for the four remaining
years, this legislation seeks to address this.

Direct care workers are the front line of providing the needed service
to those individuals receiving services under the mental hygiene umbrel-
la. Direct care workers which are overwhelmingly women and also more
than fifty percent minority, are not paid enough to make ends meet and
are often driven to other professions where they can make more money,
rather than be able to stay at a job that they enjoy, providing valuable
services to individuals who need that level of care and compassion.

The work and care provided by these individuals is worthy of more pay
than they receive, unfortunately their employers which work on meager
margins as not for profits receive almost all of their funding from the
State of New York, and cannot afford to provide an increase in compen-
sation. This legislation continues to provide some relief to these work-
ers. It is still not enough for what they do, but it is important to
show them that the State of New York cares, supports, and values what
they do.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

Approximately $55 million annually.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8184A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8184--A
 
                             I N  S E N A T E
 
                              April 16, 2018
                                ___________
 
 Introduced  by  Sens.  ORTT,  CROCI, GALLIVAN, HAMILTON, LITTLE, MURPHY,
   RANZENHOFER, RITCHIE, ROBACH, SEWARD, TEDISCO, YOUNG -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Finance  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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:
 
   Section  1.    Subdivision 3-e of section 1 of part C of chapter 57 of
 the laws of 2006, relating to establishing a cost of  living  adjustment
 for  designated human services programs, as added by section 2 of part Q
 of chapter 57 of the laws of 2017, is amended to read as follows:
   3-e. (i) Notwithstanding the provisions of  subdivision  3-b  of  this
 section  or  any other inconsistent provision of law, and subject to the
 availability of the appropriation therefor, for the programs  listed  in
 paragraphs  (i),  (ii),  and (iii) of subdivision 4 of this section, the
 commissioners shall provide funding to support (1)  an  overall  average
 three  and  one-quarter  percent  (3.25%) increase to total salaries for
 direct care staff, direct support professionals for each eligible state-
 funded program beginning January 1, 2018; and  (2)  an  overall  average
 three  and  one-quarter  percent  (3.25%) increase to total salaries for
 direct care staff and direct support professionals, and clinical  staff,
 INCLUDING  POSITION  CODE 351 RELATING TO MEDICAID SERVICE COORDINATION,
 for each eligible state-funded program beginning April 1, 2018;  (3)  AN
 OVERALL  AVERAGE THREE AND ONE-QUARTER PERCENT (3.25%) INCREASE TO TOTAL
 SALARIES FOR DIRECT CARE STAFF AND  DIRECT  SUPPORT  PROFESSIONALS,  AND
 CLINICAL STAFF, INCLUDING POSITION CODE 351 RELATING TO MEDICAID SERVICE
 COORDINATION,  FOR EACH ELIGIBLE STATE-FUNDED PROGRAM BEGINNING APRIL 1,
 2019; (4) AN OVERALL  AVERAGE  THREE  AND  ONE-QUARTER  PERCENT  (3.25%)
 INCREASE  TO  TOTAL  SALARIES  FOR  DIRECT CARE STAFF AND DIRECT SUPPORT

 PROFESSIONALS, AND CLINICAL STAFF, INCLUDING POSITION CODE 351  RELATING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15156-02-8

 S. 8184--A                          2
 
 TO MEDICAID SERVICE COORDINATION, FOR EACH ELIGIBLE STATE-FUNDED PROGRAM
 BEGINNING  APRIL  1,  2020; (5) AN OVERALL AVERAGE THREE AND ONE-QUARTER
 PERCENT (3.25%) INCREASE TO TOTAL SALARIES FOR  DIRECT  CARE  STAFF  AND
 DIRECT  SUPPORT  PROFESSIONALS,  AND  CLINICAL STAFF, INCLUDING POSITION
 CODE 351 RELATING TO MEDICAID SERVICE COORDINATION,  FOR  EACH  ELIGIBLE
 STATE-FUNDED PROGRAM BEGINNING APRIL 1, 2021; AND (6) AN OVERALL AVERAGE
 THREE  AND  ONE-QUARTER  PERCENT  (3.25%) INCREASE TO TOTAL SALARIES FOR
 DIRECT CARE STAFF AND DIRECT SUPPORT PROFESSIONALS, AND CLINICAL  STAFF,
 INCLUDING  POSITION  CODE 351 RELATING TO MEDICAID SERVICE COORDINATION,
 FOR EACH ELIGIBLE STATE-FUNDED PROGRAM BEGINNING APRIL 1, 2022.  For the
 purpose of this funding increase, direct support professionals are indi-
 viduals employed in consolidated fiscal reporting position  title  codes
 ranging  from  100 to 199; direct care staff are individuals employed in
 consolidated fiscal reporting position title codes ranging from  200  to
 299;  and clinical staff are individuals employed in consolidated fiscal
 reporting position title codes ranging from  300  to  399,  SPECIFICALLY
 INCLUDING POSITION CODE 351 RELATING TO MEDICAID SERVICE COORDINATION.
   (ii)  The  funding  made  available  pursuant to paragraph (i) of this
 subdivision shall be used: (1) to help  alleviate  the  recruitment  and
 retention  challenges of direct care staff, direct support professionals
 and clinical staff employed in  eligible  programs,  INCLUDING  MEDICAID
 SERVICE  COORDINATION;  and  (2)  to  continue  and to expand efforts to
 support the professionalism of the direct  care  workforce.  Each  local
 government unit or direct contract provider receiving such funding shall
 have  flexibility in allocating such funding to support salary increases
 to particular job titles to best address the needs of  its  direct  care
 staff,  direct support professionals and clinical staff, INCLUDING MEDI-
 CAID SERVICE COORDINATION. Each local government unit or direct contract
 provider receiving such funding shall  also  submit  a  written  certif-
 ication,  in  such  form  and  at  such  time as each commissioner shall
 prescribe, attesting to how  such  funding  will  be  or  was  used  for
 purposes  eligible under this section. Further, providers shall submit a
 resolution from their governing body to  the  appropriate  commissioner,
 attesting that the funding received will be used solely to support sala-
 ry  and  salary-related  fringe benefit increases for direct care staff,
 direct support professionals  and  clinical  staff,  INCLUDING  MEDICAID
 SERVICE  COORDINATION,  pursuant  to  paragraph (i) of this subdivision.
 Salary increases that take effect on and after April 1, 2017 may be used
 to demonstrate compliance with the  January  1,  2018  funding  increase
 authorized  by  this  section,  except for salary increases necessary to
 comply with state minimum wage requirements. Such commissioners shall be
 authorized to recoup any funds as appropriated herein determined to have
 been used in a manner inconsistent with such standards  or  inconsistent
 with the provisions of this subdivision, and such commissioners shall be
 authorized to employ any legal mechanism to recoup such funds, including
 an  offset  of other funds that are owed to such local governmental unit
 or provider.
   (iii) Where appropriate, transfers to the department of  health  shall
 be made as reimbursement for the state share of medical assistance.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2018; provided,
 however, that the amendments to section 1 of part C of chapter 57 of the
 laws of 2006 made by section one of this act shall not affect the repeal
 of such section and shall be deemed repealed therewith.

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Senate Bill S8184

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jun 5, 2018 - Finance Committee Vote

Finance Committee Vote: Jun 5, 2018

Bill Amendments

co-Sponsors

2017-S8184 - Details

2017-S8184 - Summary

2017-S8184 - Sponsor Memo

2017-S8184 - Bill Text download pdf

co-Sponsors

2017-S8184A (ACTIVE) - Details

2017-S8184A (ACTIVE) - Summary

2017-S8184A (ACTIVE) - Sponsor Memo

2017-S8184A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8184

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2017-S8184 - Details

2017-S8184 - Summary

2017-S8184 - Sponsor Memo

2017-S8184 - Bill Text download pdf

co-Sponsors

2017-S8184A (ACTIVE) - Details

2017-S8184A (ACTIVE) - Summary

2017-S8184A (ACTIVE) - Sponsor Memo

2017-S8184A (ACTIVE) - Bill Text download pdf

Comments