§ 367-x. Payment for violence prevention programs. 1. As used in this
section, the following terms shall have the following definitions:

(a) "Community violence" means intentional acts of interpersonal
violence committed by individuals who are not intimately related to the
victim.

(b) "Community violence prevention services" means evidence-informed,
trauma-informed, culturally responsive, supportive and
non-psychotherapeutic services provided by a qualified violence
prevention professional for the purpose of promoting improved health
outcomes, trauma recovery, and positive behavioral change, preventing
injury recidivism and reducing the likelihood that individuals who are
victims of community violence will commit or promote violence
themselves. "Community violence prevention services" may include the
provision of peer support and counseling, mentorship, conflict
mediation, crisis intervention, targeted case management, referrals to
certified or licensed health care professionals or social services
providers, case management, community and school support services,
patient education or screening services to victims of community
violence.

(c) "Prevention professional" means an individual who works in
programs aimed to address specific patient needs, such as suicide
prevention, violence prevention, alcohol avoidance, drug avoidance, and
tobacco prevention. The goal of such individual's work is to reduce the
risk of relapse, injury, or re-injury of the patient.

(d) "Qualified violence prevention professional" means a prevention
professional who meets all of the conditions specified in subdivision
five of this section.

2. Within thirty days of the effective date of this section, the
commissioner shall apply to the federal government for approval of an
amendment to the Medicaid state plan to make community violence
prevention services available, to the extent permitted by federal law,
to any Medicaid beneficiary who has:

(a) been exposed to community violence, or has a personal history of
injury sustained as a result of an act of community violence; and

(b) been referred by a certified or licensed health care provider or
social services provider to receive community violence prevention
services from a qualified violence prevention professional, after such
provider determines such beneficiary to be at elevated risk of a violent
injury or retaliation resulting from another act of community violence.

3. The commissioner shall seek any federal approvals necessary to
implement this section, including, but not limited to, any state plan
amendments or federal waivers by the federal Centers for Medicare and
Medicaid Services.

4. Once federal approval has been appplied for, the commissioner,
shall, in consultation with violence intervention organizations and
local community-based and hospital-based violence prevention programs:

(a) issue guidance on the use of community violence prevention
services for beneficiaries who access these services under the medical
assistance program; and

(b) determine maximum allowable rates for community violence
prevention services based upon the medical assistance program
fee-for-service outpatient rates for the same or similar services, or
any other data deemed reliable and relevant by the commissioner.

5. Any prevention professional seeking certification as a qualified
violence prevention professional shall:

(a) complete at least six months of full-time equivalent experience in
providing community violence prevention services or youth development
services through employment, volunteer work or as part of an internship
experience;

(b) complete a training and certification program approved by the
department of health for qualified violence prevention professionals,
approved in accordance with subdivision six of this section, by a
provider approved by the commissioner;

(c) complete annually at least four hours of continuing education, by
a provider approved by the commissioner, in the field of community
violence prevention services;

(d) complete prevention professionals training for the population of
patients with whom they work; and

(e) satisfy any other requirements established by the commissioner,
for certification as a qualified violence prevention professional.

6. Within ninety days of the effective date of this section, the
department of health shall approve at least one governmental or
nongovernmental accrediting body with expertise in community violence
prevention services to review and approve training and certification
programs for qualified violence prevention professionals. The
accrediting body shall approve programs that such body determines, in
its discretion, will adequately prepare individuals to provide community
violence prevention services to individuals who are victims of community
violence. Such programs shall include at least thirty-five hours of
training, collectively addressing all of the following:

(a) the profound effects of trauma and violence and the basics of
trauma-informed care; and

(b) community violence prevention strategies, including, but not
limited to, conflict mediation and retaliation prevention related to
community violence; case management and advocacy practices; and patient
privacy and the federal Health Insurance Portability and Accountability
Act of 1996, P.L. 104-191, as amended from time to time, (HIPAA).

7. Any entity that employs or contracts with a qualified violence
prevention professional to provide community violence prevention
services shall:

(a) maintain documentation that the qualified violence prevention
professional has met all of the conditions described in subdivision six
of this section; and

(b) ensure that the qualified violence prevention professional is
providing community violence prevention services in compliance with any
applicable standards of care, rules, regulations and governing law of
the state or federal government.

8. Nothing in this section shall alter the scope of practice for any
health care professional or authorize the delivery of health care
services in a setting or in a manner that is not currently authorized.

9. This section shall be implemented only to the extent that federal
financial participation is available, and any necessary federal
approvals have been obtained.