NY State Senate Bill 2023-S1291

Current Bill Status - In Senate Committee Finance 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to finance
Jan 11, 2023	referred to finance

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2023-S1291 (ACTIVE) - Details

See Assembly Version of this Bill:: A4046
Current Committee:: Senate Finance
Law Section:: Social Services
Versions Introduced in 2021-2022 Legislative Session:: S9615

2023-S1291 (ACTIVE) - Summary

Establishes an annual cost of living adjustment for human services programs indexed to inflation.

2023-S1291 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1291

SPONSOR: BROUK
 
TITLE OF BILL:

An act relating to establishing an annual cost of living adjustment for
designated human services programs

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will permanently incorporate a cost of living adjustment for
designated human services programs and employees to correct the decade
long underinvestment in this field and provide needed workforce invest-
ments.

 
SUMMARY OF PROVISIONS:

Section one will have the director of the budget, the commissioners of
the office of mental health, office for people with developmental disa-
bilities, 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 establish an annual cost of living

adjustment effective beginning April 1, 2023 through March 31, 2024 and
future State fiscal years 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.

Section two of this bill is the effective date.

 
JUSTIFICATION:

New York State's historic 2022-2023 budget included a 5.4 percent cost
of living adjustment for human service workers. This adjustment was set
to be given over 2 years. While this cost of living adjustment was a
step in the right direction, it was not a step far enough.

The human service industry has long been languishing in New York, where
it saw a 17 year drought without a meaningful cost of living adjustment,
nor the proper investments across the board. If wages had continually
been prioritized and funded, many in this industry would see a 30%
increase in earnings from 17 years ago.  But that is sadly not the case.

New York human services are facing even more challenges now then they
did even a year ago. The workforce shortage - created in part by the
lack of good paying jobs - heavily cuts into the industry. There is
close to a 40% turnover rate in New York, and there is sometimes a 25%
vacancy rate in positions statewide. This paired with rising inflation
and a lack of workforce protections means the human services industry
has to continually ask for more money and higher wages every year to
just stay afloat. Inflation alone this year, made the historic 5.4%
increase almost negligible, the adjustments need to be set in stone and
secure for years to come.

Removing the cost of living adjustment for human service workers out of
the annual budget discussion, and making sure it is always tied to the
consumer price index means the industry can begin to combat the work-
force shortage, give those who are employed in the industry a positive
outlook on the future and the security of a rising wage, and begin to

correct the decades long underinvestment to one of our most important
industries.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S9615 - Died in Senate Rules.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after April 1, 2023.

2023-S1291 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1291
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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

 S. 1291                             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
 S. 1291                             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
 S. 1291                             4
 
 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.
   §  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.

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Senate Bill S1291

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

co-Sponsors

2023-S1291 (ACTIVE) - Details

2023-S1291 (ACTIVE) - Summary

2023-S1291 (ACTIVE) - Sponsor Memo

2023-S1291 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1291

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Sponsored By

Current Bill Status - In Senate Committee Finance Committee

co-Sponsors

2023-S1291 (ACTIVE) - Details

2023-S1291 (ACTIVE) - Summary

2023-S1291 (ACTIVE) - Sponsor Memo

2023-S1291 (ACTIVE) - Bill Text download pdf

Comments