NY State Senate Bill 2025-S3669

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 29, 2025	referred to finance

2025-S3669 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Health

2025-S3669 (ACTIVE) - Summary

Provides that 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 a state fiscal year 2025-2026 targeted inflationary increase, 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.

2025-S3669 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3669

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act in relation to establishing a targeted inflationary increase for
designated programs

 
PURPOSE:

This bill would establish a 7.8% targeted inflationary increase for
designated human services programs including a number of programs not
included in prior cost-of-living adjustments.

In addition, it provides for automatic inclusion of new, renamed or
recategorized human services programs and requires state agencies to do
a five-year lookback to ensure that any uncovered program is captured.

 
SUMMARY OF PROVISIONS:

Section 1 establishes a targeted inflationary increase for SFY 2025-2026
and empowers agency commissioners and directors to adjust state

contracts accordingly.

Subparagraph 2 establishes a rate of 7.8%.

Subparagraph 3 provides that the targeted inflationary increase shall
include all other cost of living type increases including new

inflation or trend factors.  Subparagraph 4 establishes eligible
programs and adds various programs that have not received a prior cost-
of-living-adjustment. Added programs (by agency) include:

OPWDD: costs of Independent Living Centers program to be administered in
conjunction with the State Education Department.

OASAS: addiction treatment centers.

OTDA: NYS Supportive Housing Program, Solutions to End Homelessness
Program, and Supplemental Nutrition Program (SNAP) Outreach program.

OCFS: Maternal, Infant and Early Childhood Home Visiting (MIECH-V)
(LEAPS), residential and nonresidential domestic violence services, and
preventative services.

SOFA: New York Connects program, Naturally Occurring Retirement Communi-
ties (NORCS), Neighborhood Naturally Occurring Retirement Communities
(NNORCS), and social adult day programs.

DOH: rape crisis programs and Medicaid transportation program. OVS:
crime victim services program.

Subparagraph 5 provides for the automatic inclusion of new, renamed or
recategorized human services programs and adds a five-year lookback for
state agencies to comply with.

Subparagraph establishes reporting requirements for local government
units and direct contract providers.

Subparagraph establishes recoupment powers.

Section 2 provides an immediate effective date with the bill taking full
force on and after April 1, 2025.

 
JUSTIFICATION:

As provided in previous enacted budgets, New York State has issued cost
of living increases (COLAs) to specified human service contracts and
programs as delineated in previous budget Article VII language.  Howev-
er, the prior human services provider/contractor COLAs, and the current-
ly proposed targeted inflationary increase (SFY 2025-2026 HMH Part FF)
have not applied to every human services program or worker in New York
State. Because of this, many human services workers across the state
have not benefitted from the provider COLA nor will they benefit from
the proposed targeted inflationary increase (SFY 2025-2026 HMH Part FF).
Instead, many human services workers are held at wages that are not
conducive to their own health and wellbeing.  This has made it challeng-
ing for human services provider organizations to hire and retain quali-
fied staff. It also creates challenges within multi-service agencies
when some staff receive state-provided increases, while others do not.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPACT ON THE STATE:

To be determined.

 
EFFECTIVE DATE:
April 1, 2025.

2025-S3669 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3669
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT in relation to establishing a targeted inflationary increase  for
   designated 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 (hereinafter "the commissioners") shall establish a  state
 fiscal year 2025-2026 targeted inflationary increase, 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 four of this  section.  The  targeted
 inflationary  increase established herein shall be applied to the appro-
 priate portion of reimbursable costs or contract amounts.  Where  appro-
 priate,  transfers  to  the  department of health (DOH) shall be made as
 reimbursement for the state and/or local share of medical assistance.
   2. Notwithstanding any inconsistent provision of law, subject  to  the
 approval  of  the  director  of  the budget and available appropriations
 therefor, for the period of April 1, 2025 through March  31,  2026,  the
 commissioners  shall provide funding to support a seven and eight-tenths
 percent (7.8%) targeted inflationary increase under this section 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  7.8  percent  targeted  inflationary
 increase established herein shall be inclusive of all other inflationary
 increases,  cost  of  living type increases, inflation factors, or trend

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08160-01-5

 S. 3669                             2
 
 factors that are newly applied effective April 1, 2025. Except  for  the
 7.8  percent  targeted inflationary increase established herein, for the
 period commencing on April 1, 2025 and ending March 31, 2026 the commis-
 sioners shall not apply any other new targeted inflationary increases or
 cost  of  living  adjustments  for  the purpose of establishing rates of
 payments, contracts or any other form of reimbursement. The phrase  "all
 other  inflationary  increases, 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 four of this section.
   4.  Eligible  programs and services. (i) Programs and services funded,
 licensed, or certified by the office of mental health (OMH) eligible for
 the targeted inflationary increase 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 (mental  health
 outpatient  treatment  and rehabilitative services programs), 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   programs/services   excluding   rent;   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
 health  family  treatment  and  support;  coordinated children's service
 initiative; homeless services; and promise zones.
   (ii) Programs and services  funded,  licensed,  or  certified  by  the
 office  for  people with developmental disabilities (OPWDD) eligible for
 the targeted inflationary increase 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
 S. 3669                             3
 
 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
 targeted  inflationary  increase  established  herein,  pending  federal
 approval  where  applicable,  include:  medically  supervised withdrawal
 services -  residential;  medically  supervised  withdrawal  services  -
 outpatient;  medically  managed detoxification; inpatient rehabilitation
 services; outpatient opioid  treatment;  residential  opioid  treatment;
 residential  opioid treatment to abstinence; problem gambling treatment;
 medically supervised outpatient; outpatient rehabilitation;  specialized
 services  substance  abuse  programs;  home  and  community based waiver
 services pursuant to subdivision 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 hous-
 ing; 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);  intensive residential; community residential; supportive
 living; residential services; job placement initiative; case management;
 family support navigator; local  government  unit  administration;  peer
 engagement;  vocational rehabilitation; HIV early intervention services;
 dual diagnosis coordinator; problem gambling resource  centers;  problem
 gambling  prevention;  prevention  resource  centers; primary prevention
 services; other prevention services;  comprehensive  outpatient  clinic;
 jail-based  supports; regional addiction resource centers; and addiction
 treatment centers.
   (iv) Programs and services  funded,  licensed,  or  certified  by  the
 office  of  temporary  and disability assistance (OTDA) eligible for the
 targeted  inflationary  increase  established  herein,  pending  federal
 approval where applicable, include: the 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 targeted infla-
 tionary increase established  herein,  pending  federal  approval  where
 applicable, include: programs for which the office of children and fami-
 ly  services  establishes  maximum  state  aid rates pursuant to section
 398-a of the social services law and section 4003 of the education  law;
 emergency  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,
 S. 3669                             4
 
 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; and 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  targeted  inflationary
 increase  established herein, pending federal approval where applicable,
 include: community services for the elderly; expanded  in-home  services
 for  the  elderly;  the wellness in nutrition program; New York connects
 program; long term ombudsman  program;  naturally  occurring  retirement
 communities  (NORCs); neighborhood naturally occurring retirement commu-
 nities (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.
   5.  All  state-funded human services programs not listed in paragraphs
 (i), (ii), (iii), (iv), (v), (vi), (vii), and (viii) of subdivision four
 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 office of victim services shall publish a
 list of such newly eligible programs and services each year  on  depart-
 ment  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  professionals,  non-executive
 clinical  staff, or respond to other critical non-personal service costs
 prior to supporting any salary increases or other compensation for exec-
 utive level job titles.
   6. Each local government unit or direct  contract  provider  receiving
 funding  for the targeted inflationary increase 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
 S. 3669                             5
 
 supporting  any  salary  increases  or  other compensation for executive
 level job titles.
   7.  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 targeted infla-
 tionary increase 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
 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.

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Senate Bill S3669

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

2025-S3669 (ACTIVE) - Details

2025-S3669 (ACTIVE) - Summary

2025-S3669 (ACTIVE) - Sponsor Memo

2025-S3669 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3669

Share this bill

Sponsored By

Roxanne J. Persaud

Current Bill Status - In Senate Committee Finance Committee

2025-S3669 (ACTIVE) - Details

2025-S3669 (ACTIVE) - Summary

2025-S3669 (ACTIVE) - Sponsor Memo

2025-S3669 (ACTIVE) - Bill Text download pdf

Comments