S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3606
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of  A. HEVESI, BARRON, TAYLOR, SEAWRIGHT, O'DONNELL,
   ENGLEBRIGHT, REYES, BRONSON, SIMON, FERNANDEZ, GOTTFRIED, EICHENSTEIN,
   DICKENS, L. ROSENTHAL, RA, OTIS, FAHY, THIELE,  J. M. GIGLIO,  LUPARDO
   -- read once and referred to the Committee on Ways and Means
 
 AN ACT
   to  provide  relief  to  human  services  providers in response to the
 outbreak of novel coronavirus,  COVID-19  and  making  an  appropriation
 therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. As used in this act, the following  terms  shall  have  the
 following meanings:
   1.  "Human  service" shall mean any service provided to individuals or
 groups of individuals, for the purpose of improving  or  enhancing  such
 individuals'  health  and/or  welfare,  by  addressing  social  problems
 including but not limited  to:  domestic  violence,  teenage  pregnancy,
 migrant health problems, child abuse, nutritional deficiencies, suicide,
 hunger,  unemployment, lack of suitable shelter, crime, drug and alcohol
 abuse and poverty.
   2. "Human services provider" shall mean any public  or  not-for-profit
 private  entity  utilizing  public  and/or  private  funds to provide or
 contract for the provision of human services  for  the  benefit  of  the
 general public or specific client groups.
   § 2. Notwithstanding any provision of law to the contrary, the commis-
 sioner  of  social  services,  in  consultation with the director of the
 office for the aging, the commissioner of health,  the  commissioner  of
 the  division  for  youth,  and the commissioner of mental health, shall
 amend all state and passthrough contracts with human services  providers
 to provide retroactive incentive pay to all human services employees who
 were  designated  essential  workers during the state disaster emergency
 declared pursuant to executive order 202 of 2020.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01748-01-1

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   § 3. Notwithstanding any provision of law to the contrary, the commis-
 sioner of social services, in consultation  with  the  director  of  the
 office  for  the  aging, the commissioner of health, the commissioner of
 the division for youth, and the commissioner  of  mental  health,  shall
 amend  all state and passthrough contracts with human services providers
 to provide any necessary personal protective  equipment  (PPE)  to  such
 human services providers as determined by such commissioners.
   §  4.  Notwithstanding any provision of law to the contrary, all state
 agencies shall permit human services  providers  to  utilize  contracted
 funds  to  provide  incentive  pay  to  human services employees who are
 designated  essential  workers  during  the  state  disaster   emergency
 declared pursuant to executive order 202 of 2020.
   §  5.  Notwithstanding any provision of law to the contrary, any state
 agency with a contract with a human services provider to  provide  human
 services  for  fiscal  year  2022 shall immediately provide a 60 percent
 cash advance on such fiscal year 2022 contract.
   § 6. Notwithstanding any provision of law to the contrary,  any  state
 taskforce  involved in the recovery from the outbreak of novel coronavi-
 rus, COVID-19, shall include a representative of human services  provid-
 ers.
   §  7. Notwithstanding any provision of law to the contrary, subject to
 available  appropriations,  the  commissioner  of  social  services,  in
 consultation  with the director of the office for the aging, the commis-
 sioner of health, the commissioner of the division for  youth,  and  the
 commissioner  of mental health, shall establish an annual cost of living
 adjustment (COLA) of 3 percent  effective  April  first  of  each  state
 fiscal  year, beginning with the 2022-2023 fiscal year through the 2027-
 2028 fiscal year, for the rates of payments, contracts or any other form
 of reimbursement for all state human services programs.
   § 8. Notwithstanding any provision of law to the  contrary,  all  not-
 for-profit  human  services  debt  incurred  on  state  or local program
 contracts shall be forgiven.  The commissioner of  social  services,  in
 consultation  with the director of the office for the aging, the commis-
 sioner of health, the commissioner of the division for  youth,  and  the
 commissioner of mental health, shall promulgate rules and regulations to
 identify and forgive such debts.
   §  9.  Notwithstanding any provision of law to the contrary, any state
 agency with a contract with a human services provider to  provide  human
 services  which  has  provided  such human services provider with a cash
 advance on such contract shall not recoup such cash advance at  the  end
 of the fiscal year.
   §  10. Notwithstanding any provision of law to the contrary, all state
 agencies, including but not limited to the dormitory  authority  of  the
 state  of  New  York,  with a contract with a human services provider to
 provide human services which includes capital obligations, shall fulfill
 all such capital obligations.
   § 11. Notwithstanding any  provision  of  law  to  the  contrary,  the
 commissioner  of  social  services, in consultation with the director of
 the office for the aging, the commissioner of health,  the  commissioner
 of  the division for youth, and the commissioner of mental health, shall
 adopt an indirect cost rate for all human services contracts. Such indi-
 rect cost rate shall be modeled after the  indirect  cost  rate  funding
 initiative  in the city of New York health and human services cost poli-
 cies and procedures manual adopted for the 2020 fiscal year.
   § 12. There is hereby established a workgroup consisting of  the  not-
 for-profit   contracting  advisory  committee  established  pursuant  to

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 section 179-aa of the state finance law, in consultation with the attor-
 ney general and representatives of human services providers to  identify
 and  make  recommendations  regarding  the  extension  of  any easing of
 reporting  requirements  as  a  result  of  COVID-19  which  resulted in
 increased efficiency for the processing of human services contracts  and
 other  related documents. The workgroup shall report to the governor and
 the legislature with any such recommendations within  one  year  of  the
 effective date of this act.
   §  13. The sum of one hundred million dollars ($100,000,000) is hereby
 appropriated to the nonprofit infrastructure capital investment  program
 out of any moneys in the state treasury in the general fund to the cred-
 it  of  the state purposes account, not otherwise appropriated, and made
 immediately available, for the purpose of funding project costs for such
 program. Such moneys shall be payable on the audit and  warrant  of  the
 comptroller  on  vouchers  certified  or approved by the commissioner of
 health in the manner prescribed by law.
   § 14. Severability. If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 or of any other application of any provision of this act, which  can  be
 given effect without that provision or application; and to that end, the
 provisions and applications of this act are severable.
   § 15. This act shall take effect immediately.