S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2215
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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,
 2020;  (4)  AN  OVERALL  AVERAGE  THREE  AND ONE-QUARTER PERCENT (3.25%)
 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.
                                                            LBD02839-01-9

 A. 2215                             2
 
 PROFESSIONALS,  AND CLINICAL STAFF, INCLUDING POSITION CODE 351 RELATING
 TO MEDICAID SERVICE COORDINATION, FOR EACH ELIGIBLE STATE-FUNDED PROGRAM
 BEGINNING APRIL 1, 2021; (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, 2022; 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, 2023.  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, 2019; 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.