S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5268--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by M. of A. SEAWRIGHT, BURDICK, LUNSFORD, McDONALD, GUNTHER,
   ALVAREZ, McMAHON, DARLING, ZINERMAN, SHIMSKY, SANTABARBARA, LEVENBERG,
   LUPARDO, JACOBSON, L. ROSENTHAL, SIMONE, J. A. GIGLIO, SOLAGES, GONZA-
   LEZ-ROJAS, BUTTENSCHON, SILLITTI -- Multi-Sponsored by  --  M.  of  A.
   SIMON  -- read once and referred to the Committee on People with Disa-
   bilities -- reported and referred to the Committee on Ways  and  Means
   --  recommitted  to the Committee on Ways and Means in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT relating to establishing a direct  support  wage  enhancement  to
   employees that provide direct care support or any other form of treat-
   ment, to individuals with developmental disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Direct support wage  enhancement.  1.  Notwithstanding  any
 other  inconsistent provision of law, effective April 1, 2024, providers
 licensed, funded, approved and/or certified by  the  office  for  people
 with  developmental disabilities to provide treatment, services and care
 for individuals with developmental disabilities  shall  receive  supple-
 mental  funding  to  enhance wages of employees that provide direct care
 support or any other form of treatment,  to  individuals  with  develop-
 mental  disabilities  and  whose income is less than one hundred twenty-
 five thousand dollars.
   2. The commissioner of the office for people with developmental  disa-
 bilities,  in consultation with the division of the budget, shall estab-
 lish a list of eligible employee titles for such wage enhancement  based
 on  the  application  of  direct  care  to individuals with intellectual
 and/or developmental disabilities.
   3. Using the forms and processes developed by the commissioner of  the
 office  for  people  with developmental disabilities under this section,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08578-03-4
 A. 5268--A                          2
              

 
 employers shall indicate the number of eligible employees based  on  the
 list of eligible titles pursuant to subdivision two of this section.
   4.  The commissioner of the office for people with developmental disa-
 bilities shall distribute an allocation to each eligible provider equiv-
 alent to four thousand dollars per eligible employee based on the  forms
 developed pursuant to subdivision three of this section.
   5.  The  funds  distributed  pursuant  to this section must be used to
 enhance base wages and benefits of eligible employees.
   § 2. This act shall take effect April 1, 2024.