S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2590
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 21, 2025
                                ___________
 
 Introduced  by  M.  of  A.  HEVESI,  SHIMSKY, LEVENBERG, LUNSFORD, CRUZ,
   PAULIN,  SIMONE,  BICHOTTE HERMELYN,  TAYLOR,  DE LOS SANTOS,   ROZIC,
   GONZALEZ-ROJAS,  ZACCARO,  EPSTEIN, STECK, SIMON, COLTON, KELLES, RAGA
   -- read once and referred to the Committee on Ways and Means
 
 AN ACT to establish a 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 and directors 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,  office  of  victim
 services,  department  of  health,  and  the  state office for the aging
 (hereinafter "the commissioners") shall establish a  state  fiscal  year
 2025-2026 cost of living adjustment (COLA), effective April 1, 2025, 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  subdivision  five of this section. The COLA estab-
 lished herein shall be applied to the appropriate portion of  reimbursa-
 ble  costs  or  contract  amounts.  Where  appropriate, 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 the period of April 1, 2025, through March 31, 2026, the
 commissioners and directors shall provide funding to support a seven and
 eight-tenths percent (7.8%) cost of living adjustment under this section
 for all eligible programs and services as determined pursuant to  subdi-
 vision five of this section.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03869-02-5
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   3.  Notwithstanding any inconsistent provision of law, and as approved
 by the director of the budget, the 7.8 percent cost of living adjustment
 (COLA) established herein shall be inclusive of all other cost of living
 type increases, inflation factors,  or  trend  factors  that  are  newly
 applied  effective  April  1,  2025.  Except for the 7.8 percent cost of
 living adjustment (COLA) established herein, for the  period  commencing
 on April 1, 2025, and ending March 31, 2026 the commissioners and direc-
 tors  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.  The phrase "all other cost of living type increases,
 inflation factors, or trend factors"  as  defined  in  this  subdivision
 shall not include payments made pursuant to the American Rescue Plan Act
 or other federal relief programs related to the Coronavirus Disease 2019
 (COVID-19)  pandemic public health emergency. This subdivision shall not
 prevent the office of children and family services from  applying  addi-
 tional trend factors or staff retention factors to eligible programs and
 services under paragraph (v) of subdivision five of this section.
   4.  Each  local  government unit or direct contract provider receiving
 the cost of living adjustment established herein shall use such  funding
 to  provide  a  targeted  salary increase of at least two and six-tenths
 percent (2.6%) to eligible individuals in  accordance  with  subdivision
 six  of this section. Notwithstanding any inconsistent provision of law,
 the commissioners and  directors  shall  develop  guidelines  for  local
 government units and direct contract providers on implementation of such
 targeted salary increase.
   5.  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  herein,  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  residence;  crisis  stabilization,
 crisis/respite beds; mobile crisis, part 590  comprehensive  psychiatric
 emergency  program  services;  crisis  intervention;  home  based crisis
 intervention; family care; supported single  room  occupancy;  supported
 housing;  supported  housing  community  services; treatment congregate;
 supported  congregate;  community  residence  -  children   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  administration;  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 operating pursuant to part 584 of title
 14-NYCRR;  geriatric  demonstration  programs;  community-based   mental
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 health  family  treatment  and  support;  coordinated children's service
 initiative; homeless services; and promises 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; community transi-
 tion services;  family  education  and  training;  fiscal  intermediary;
 support  broker;  and personal resource accounts. The office, in collab-
 oration with the education department, shall also provide  a  comparable
 cost of living adjustment to the independent living centers program.
   (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; community services; and
 addiction treatment centers.
   (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); New York state supportive  housing  program;  solutions  to  end
 homelessness   program;  and  state  supplemental  nutrition  assistance
 program outreach program.
   (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-
 A. 2590                             4
 
 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; supervised settings  as  defined  by  subdivision  twenty-two  of
 section  371  of  the  social  services  law; adoptive parents receiving
 adoption subsidy pursuant to section 453 of  the  social  services  law;
 congregate  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; child care
 resource and referral agencies; healthy  families  New  York;  maternal,
 infant,  and early childhood home visiting (MIECHV) initiative; New York
 state learning and enrichment after-school program supports (LEAPS); New
 York state commission for the  blind;  residential  and  non-residential
 domestic  violence  services  and  preventative  services  as defined by
 section 409 of the social services law.
   (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;  wellness in nutrition program; New York connects program; long
 term  ombudsman  program;  naturally  occurring  retirement  communities
 (NORCs);   neighborhood   naturally   occurring  retirement  communities
 (NNORCs); and social adult day services program.
   (vii) Programs and services funded,  licensed,  or  certified  by  the
 department  of  health eligible for the cost of living adjustment estab-
 lished herein,  pending  federal  approval  where  applicable,  include:
 health  home  care management agencies authorized under section 365-l of
 the social services law; rape crisis programs; and medicaid  transporta-
 tion program.
   (viii)  Programs  and  services  funded, licensed, or certified by the
 office of victim services eligible for the  cost  of  living  adjustment
 established  herein, pending federal approval where applicable, include:
 crime victim service programs as defined by section 631-a of the  execu-
 tive law.
   6.  All  state-funded human services programs not listed in paragraphs
 (i), (ii), (iii), (iv), (v), (vi), (vii), and (viii) of subdivision five
 of this section shall be deemed eligible for the cost of living  adjust-
 ment  established  herein, pending federal approval where applicable, if
 such program or service is provided to individuals or groups of individ-
 uals, for the purpose of improving or enhancing such individuals' health
 and/or welfare, by addressing social  problems.  The  commissioners  and
 directors  of  the  office  of mental health, the office for people with
 developmental  disabilities,  the  office  of  addiction  services   and
 supports,  the office of temporary and disability assistance, the office
 of children and family services, the state office  for  the  aging,  the
 department  of health, and the director of the office of victim services
 shall publish a list of such newly eligible programs and  services  each
 year  on  department  websites  no later than March first and review the
 current list of cost of living adjustment eligible programs  every  five
 years.  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
 commissioner or director 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  profes-
 A. 2590                             5
 
 sionals,  non-executive  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.
   7.  Eligible  individuals.  Support staff, direct care staff, clinical
 staff, and non-executive administrative staff in programs  and  services
 listed  in  subdivision  five  of this section shall be eligible for the
 2.6% targeted salary increase established pursuant to  subdivision  four
 of this section.
   (a)  For  the office of mental health, office for people with develop-
 mental disabilities, and office  of  addiction  services  and  supports,
 support  staff  shall  mean  individuals employed in consolidated fiscal
 report position title codes ranging from 100 to 199; direct  care  staff
 shall  mean  individuals employed in consolidated fiscal report position
 title codes ranging from 200 to 299; clinical staff shall mean  individ-
 uals employed in consolidated fiscal report position title codes ranging
 from 300 to 399; and non-executive administrative staff shall mean indi-
 viduals employed in consolidated fiscal report position title codes 400,
 500  to 599, 605 to 699, and 703 to 799. Individuals employed in consol-
 idated fiscal report position title codes 601 to 604, 701 and 702  shall
 be ineligible for the 2.6% targeted salary increase established herein.
   (b)  For  the office of temporary and disability assistance, office of
 children and family services, and the state office for the aging, eligi-
 ble support staff, direct care staff, clinical staff, and  non-executive
 administrative staff titles shall be determined by each agency's commis-
 sioner.
   8.  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
 commissioner shall prescribe, attesting how such funding will be or  was
 used  to  first  promote the recruitment and retention of support staff,
 direct care staff, clinical staff, non-executive  administrative  staff,
 or  respond  to  other  critical  non-personal  service  costs  prior to
 supporting any salary increases  or  other  compensation  for  executive
 level job titles.
   9.  Notwithstanding any inconsistent provision of law to the contrary,
 agency commissioners and directors 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 and directors shall be author-
 ized 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 provider.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2025.