S T A T E O F N E W Y O R K
________________________________________________________________________
4046
2023-2024 Regular Sessions
I N A S S E M B L Y
February 9, 2023
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Social Services
AN ACT relating to establishing an annual cost of living adjustment for
designated human services programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 1. Subject to available appropriations and approval of the
director of the budget, the commissioners of the office of mental
health, office for people with developmental disabilities, office of
addiction services and supports, office of temporary and disability
assistance, office of children and family services, and the state office
for the aging shall establish an annual cost of living adjustment
(COLA), effective beginning April 1, 2023, for projecting for the
effects of inflation upon rates of payments, contracts, or any other
form of reimbursement for the programs and services listed in paragraphs
(i), (ii), (iii), (iv), (v), and (vi) of subdivision four of this
section. The COLA established herein shall be applied to the appropri-
ate portion of reimbursable costs or contract amounts. Where appropri-
ate, transfers to the department of health (DOH) shall be made as
reimbursement for the state share of medical assistance.
2. Notwithstanding any inconsistent provision of law, subject to the
approval of the director of the budget and available appropriations
therefore, for state fiscal years beginning April 1, 2023 and thereaft-
er, the commissioners shall provide funding to support an annual cost of
living adjustment under this section in an amount equal to the consumer
price index - urban (CPI-U) from the previous July, published by the
bureau of labor statistics of the U.S. Department of Labor, for all
eligible programs and services as determined pursuant to subdivision
four of this section.
3. Notwithstanding any inconsistent provision of law, and as approved
by the director of the budget, the annual cost of living adjustment
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05015-01-3
A. 4046 2
(COLA) established in subdivision two of this section shall be inclusive
of all other cost of living type increases, inflation factors, or trend
factors that are newly applied effective April first of each such state
fiscal year. Except for the annual cost of living adjustment (COLA)
established in subdivision two of this section, the commissioners shall
not apply any other new cost of living adjustments for the purpose of
establishing rates of payments, contracts or any other form of
reimbursement.
4. Eligible programs and services. (i) Programs and services funded,
licensed, or certified by the office of mental health (OMH) eligible for
the cost of living adjustment established in subdivision two of this
section, pending federal approval where applicable, include: office of
mental health licensed outpatient programs, pursuant to parts 587 and
599 of title 14 CRR-NY of the office of mental health regulations
including clinic, continuing day treatment, day treatment, intensive
outpatient programs and partial hospitalization; outreach; crisis resi-
dence; crisis stabilization, crisis/respite beds; mobile crisis, part
590 comprehensive psychiatric emergency program services; crisis inter-
vention; home based crisis intervention; family care; supported single
room occupancy; supported housing; supported housing community services;
treatment congregate; supported congregate; community residence - chil-
dren and youth; treatment/apartment; supported apartment; community
residence single room occupancy; on-site rehabilitation; employment
programs; recreation; respite care; transportation; psychosocial club;
assertive community treatment; case management; care coordination,
including health home plus services; local government unit adminis-
tration; monitoring and evaluation; children and youth vocational
services; single point of access; school-based mental health program;
family support children and youth; advocacy/support services; drop in
centers; recovery centers; transition management services; bridger; home
and community-based waiver services; behavioral health waiver services
authorized pursuant to the section 1115 MRT waiver; self-help programs;
consumer service dollars; conference of local mental hygiene directors;
multicultural initiative; ongoing integrated supported employment
services; supported education; mentally ill/chemical abuse (MICA)
network; personalized recovery oriented services; children and family
treatment and support services; residential treatment facilities operat-
ing pursuant to part 584 of title 14-NYCRR; geriatric demonstration
programs; community-based mental health family treatment and support;
coordinated children's service initiative; homeless services; and prom-
ises zone.
(ii) Programs and services funded, licensed, or certified by the
office for people with developmental disabilities (OPWDD) eligible for
the cost of living adjustment established herein, pending federal
approval where applicable, include: local/unified services; chapter 620
services; voluntary operated community residential services; article 16
clinics; day treatment services; family support services; 100% day
training; epilepsy services; traumatic brain injury services; hepatitis
B services; independent practitioner services for individuals with
intellectual and/or developmental disabilities; crisis services for
individuals with intellectual and/or developmental disabilities; family
care residential habilitation; supervised residential habilitation;
supportive residential habilitation; respite; day habilitation; prevoca-
tional services; supported employment; community habilitation; interme-
diate care facility day and residential services; specialty hospital;
pathways to employment; intensive behavioral services; basic home and
A. 4046 3
community-based services (HCBS) plan support; health home services
provided by care coordination organizations; community transition
services; family education and training; fiscal intermediary; support
broker; and personal resource accounts.
(iii) Programs and services funded, licensed, or certified by the
office of addiction services and supports (OASAS) eligible for the cost
of living adjustment established herein, pending federal approval where
applicable, include: medically supervised withdrawal services - residen-
tial; medically supervised withdrawal services - outpatient; medically
managed detoxification; medically monitored withdrawal; inpatient reha-
bilitation services; outpatient opioid treatment; residential opioid
treatment; KEEP units outpatient; residential opioid treatment to absti-
nence; problem gambling treatment; medically supervised outpatient;
outpatient rehabilitation; specialized services substance abuse
programs; home and community-based waiver services pursuant to subdivi-
sion 9 of section 366 of the social services law; children and family
treatment and support services; continuum of care rental assistance case
management; NY/NY III post-treatment housing; NY/NY III housing for
persons at risk for homelessness; permanent supported housing; youth
clubhouse; recovery community centers; recovery community organizing
initiative; residential rehabilitation services for youth (RRSY); inten-
sive residential; community residential; supportive living; residential
services; job placement initiative; case management; family support
navigator; local government unit administration; peer engagement; voca-
tional rehabilitation; support services; HIV early intervention
services; dual diagnosis coordinator; problem gambling resource centers;
problem gambling prevention; prevention resource centers; primary
prevention services; other prevention services; and community services.
(iv) Programs and services funded, licensed, or certified by the
office of temporary and disability assistance (OTDA) eligible for the
cost of living adjustment established herein, pending federal approval
where applicable, include: nutrition outreach and education program
(NOEP).
(v) Programs and services funded, licensed, or certified by the office
of children and family services (OCFS) eligible for the cost of living
adjustment established herein, pending federal approval where applica-
ble, include: programs for which the office of children and family
services establishes maximum state aid rates pursuant to section 398-a
of the social services law and section 4003 of the education law; emer-
gency foster homes; foster family boarding homes and therapeutic foster
homes as defined by the regulations of the office of children and family
services; supervised settings as defined by subdivision 22 of section
371 of the social services law, as added by section 1-a of part L of
chapter 56 of the laws of 2021; adoptive parents receiving adoption
subsidy pursuant to section 453 of the social services law; and congre-
gate and scattered supportive housing programs and supportive services
provided under the NY/NY III supportive housing agreement to young
adults leaving or having recently left foster care.
(vi) Programs and services funded, licensed, or certified by the state
office for the aging (SOFA) eligible for the cost of living adjustment
established herein, pending federal approval where applicable, include:
community services for the elderly; expanded in-home services for the
elderly; and supplemental nutrition assistance program.
5. Each local government unit or direct contract provider receiving
funding for the cost of living adjustment established herein shall
submit a written certification, in such form and at such time as each
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commissioner shall prescribe, attesting how such funding will be or was
used to first promote the recruitment and retention of non-executive
direct care staff, non-executive direct support professionals, non-exe-
cutive clinical staff, or respond to other critical non-personal service
costs prior to supporting any salary increases or other compensation for
executive level job titles.
6. Notwithstanding any inconsistent provision of law to the contrary,
agency commissioners shall be authorized to recoup funding from a local
governmental unit or direct contract provider for the cost of living
adjustment established herein determined to have been used in a manner
inconsistent with the appropriation, or any other provision of this
section. Such agency 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 direct contract provid-
er.
ยง 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023.