NY State Senate Bill 2025-S4907

Senate Bill S4907

2025-2026 Legislative Session

Requires the office for people with developmental disabilities to create a staffing plan for workforce emergencies when experiencing staffing shortages

download bill text pdf

Current Bill Status - In Senate Committee Disabilities 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 14, 2025	referred to disabilities

2025-S4907 (ACTIVE) - Details

See Assembly Version of this Bill:: A226
Current Committee:: Senate Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §13.17, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8054, A9566
2023-2024: S3118, A134

2025-S4907 (ACTIVE) - Summary

Requires the office for people with developmental disabilities to create a staffing plan for workforce emergencies when experiencing staffing shortages.

2025-S4907 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4907

SPONSOR: FAHY
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to requiring the
office for people with developmental disabilities to create a staffing
plan for workforce emergencies when experiencing staffing shortages

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require the Office for People with Devel-
opmental Disabilities develop a staffing plan in case of workforce shor-
tages.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would require that the Office for People with
Developmental Disabilities develop an emergency staffing plan that would
be triggered if staff vacancy rate is lower than 90%.

Section 2 of this bill provides that shall take effect on the one

hundred twentieth day after it shall have become a law.

 
JUSTIFICATION:

The Office for People with Developmental Disabilities, in addition to
coordinating and certifying supports and services for individuals with
developmental disabilities, also is a provider of these services.
Several years of stagnant funding has led to staffing shortages at state
operated homes and facilities. More than 90 state operated facilities
are temporarily suspended or in the process of closing. Hundreds of New
Yorkers are facing displacement. For many individuals, this is detri-
mental for their personal growth and relationships that they have devel-
oped with their housemates and direct care staff.

According to the 2019 National Core Indicators Staff Stability Survey
report, the annual turnover rate of DSPs in New York State is 36.2%.  At
the Senate Disabilities Committee hearing on workforce issues in Septem-
ber 2021, OPWDD testified that in 2019, 11.5% of all staff hours are
overtime hours.

The State must take immediate action to address workforce shortages by
creating an emergency staffing plan which is triggered by more than 10%
vacancies in direct care and clinical staff in any region. OPWDD already
has emergency plans for snow and natural disasters, as well as imple-
mented an emergency staffing plan during the height of the COVID-19
pandemic. The low level of staffing warrants an emergency staffing plan
to be developed and implemented as necessary to keep individuals with
disabilities living fulfilling and meaningful lives.

 
LEGISLATIVE HISTORY:

2021-22: S.8054

2022-23: S.3118/A.134

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:ò

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2025-S4907 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4907
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the mental hygiene law, in  relation  to  requiring  the
   office for people with developmental disabilities to create a staffing
   plan for workforce emergencies when experiencing staffing shortages

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 13.17 of the  mental  hygiene  law  is  amended  by
 adding a new subdivision (e) to read as follows:
   (E)  THE  COMMISSIONER  SHALL ESTABLISH AN EMERGENCY STAFFING PLAN FOR
 STATE OPERATED FACILITIES IN EACH REGION. SUCH EMERGENCY  STAFFING  PLAN
 SHALL INCLUDE INCENTIVIZING THE CURRENT WORKFORCE THROUGH ENHANCED OVER-
 TIME  PAY,  ACTIONS  TO  IMPROVE  STAFFING THAT MINIMIZE THE TRANSFER OF
 INDIVIDUALS FROM THEIR RESIDENCES AND MOVEMENT OF  STAFF  BETWEEN  RESI-
 DENCES,  AND  ENHANCED  RECRUITMENT  INITIATIVES. THE EMERGENCY STAFFING
 PLAN SHALL BE IN EFFECT WHEN ANY REGION'S FILL LEVEL IS LESS THAN NINETY
 PERCENT.  THE EMERGENCY STAFFING PLAN SHALL BE MADE  PUBLICLY  AVAILABLE
 AND SHALL BE PUBLISHED ON THE OFFICE'S WEBSITE.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00151-01-5

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