Bill Text: NY A04046 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes an annual cost of living adjustment for human services programs indexed to inflation.
Spectrum: Strong Partisan Bill (Democrat 15-1)
Status: (Introduced) 2024-01-03 - referred to social services [A04046 Detail]
Download: New_York-2023-A04046-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4046 2023-2024 Regular Sessions IN ASSEMBLY February 9, 2023 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee on Social Services 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: 1 Section 1. 1. Subject to available appropriations and approval of the 2 director of the budget, the commissioners of the office of mental 3 health, office for people with developmental disabilities, office of 4 addiction services and supports, office of temporary and disability 5 assistance, office of children and family services, and the state office 6 for the aging shall establish an annual cost of living adjustment 7 (COLA), effective beginning April 1, 2023, for projecting for the 8 effects of inflation upon rates of payments, contracts, or any other 9 form of reimbursement for the programs and services listed in paragraphs 10 (i), (ii), (iii), (iv), (v), and (vi) of subdivision four of this 11 section. The COLA established herein shall be applied to the appropri- 12 ate portion of reimbursable costs or contract amounts. Where appropri- 13 ate, transfers to the department of health (DOH) shall be made as 14 reimbursement for the state share of medical assistance. 15 2. Notwithstanding any inconsistent provision of law, subject to the 16 approval of the director of the budget and available appropriations 17 therefore, for state fiscal years beginning April 1, 2023 and thereaft- 18 er, the commissioners shall provide funding to support an annual cost of 19 living adjustment under this section in an amount equal to the consumer 20 price index - urban (CPI-U) from the previous July, published by the 21 bureau of labor statistics of the U.S. Department of Labor, for all 22 eligible programs and services as determined pursuant to subdivision 23 four of this section. 24 3. Notwithstanding any inconsistent provision of law, and as approved 25 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. LBD05015-01-3A. 4046 2 1 (COLA) established in subdivision two of this section shall be inclusive 2 of all other cost of living type increases, inflation factors, or trend 3 factors that are newly applied effective April first of each such state 4 fiscal year. Except for the annual cost of living adjustment (COLA) 5 established in subdivision two of this section, the commissioners shall 6 not apply any other new cost of living adjustments for the purpose of 7 establishing rates of payments, contracts or any other form of 8 reimbursement. 9 4. Eligible programs and services. (i) Programs and services funded, 10 licensed, or certified by the office of mental health (OMH) eligible for 11 the cost of living adjustment established in subdivision two of this 12 section, pending federal approval where applicable, include: office of 13 mental health licensed outpatient programs, pursuant to parts 587 and 14 599 of title 14 CRR-NY of the office of mental health regulations 15 including clinic, continuing day treatment, day treatment, intensive 16 outpatient programs and partial hospitalization; outreach; crisis resi- 17 dence; crisis stabilization, crisis/respite beds; mobile crisis, part 18 590 comprehensive psychiatric emergency program services; crisis inter- 19 vention; home based crisis intervention; family care; supported single 20 room occupancy; supported housing; supported housing community services; 21 treatment congregate; supported congregate; community residence - chil- 22 dren and youth; treatment/apartment; supported apartment; community 23 residence single room occupancy; on-site rehabilitation; employment 24 programs; recreation; respite care; transportation; psychosocial club; 25 assertive community treatment; case management; care coordination, 26 including health home plus services; local government unit adminis- 27 tration; monitoring and evaluation; children and youth vocational 28 services; single point of access; school-based mental health program; 29 family support children and youth; advocacy/support services; drop in 30 centers; recovery centers; transition management services; bridger; home 31 and community-based waiver services; behavioral health waiver services 32 authorized pursuant to the section 1115 MRT waiver; self-help programs; 33 consumer service dollars; conference of local mental hygiene directors; 34 multicultural initiative; ongoing integrated supported employment 35 services; supported education; mentally ill/chemical abuse (MICA) 36 network; personalized recovery oriented services; children and family 37 treatment and support services; residential treatment facilities operat- 38 ing pursuant to part 584 of title 14-NYCRR; geriatric demonstration 39 programs; community-based mental health family treatment and support; 40 coordinated children's service initiative; homeless services; and prom- 41 ises zone. 42 (ii) Programs and services funded, licensed, or certified by the 43 office for people with developmental disabilities (OPWDD) eligible for 44 the cost of living adjustment established herein, pending federal 45 approval where applicable, include: local/unified services; chapter 620 46 services; voluntary operated community residential services; article 16 47 clinics; day treatment services; family support services; 100% day 48 training; epilepsy services; traumatic brain injury services; hepatitis 49 B services; independent practitioner services for individuals with 50 intellectual and/or developmental disabilities; crisis services for 51 individuals with intellectual and/or developmental disabilities; family 52 care residential habilitation; supervised residential habilitation; 53 supportive residential habilitation; respite; day habilitation; prevoca- 54 tional services; supported employment; community habilitation; interme- 55 diate care facility day and residential services; specialty hospital; 56 pathways to employment; intensive behavioral services; basic home andA. 4046 3 1 community-based services (HCBS) plan support; health home services 2 provided by care coordination organizations; community transition 3 services; family education and training; fiscal intermediary; support 4 broker; and personal resource accounts. 5 (iii) Programs and services funded, licensed, or certified by the 6 office of addiction services and supports (OASAS) eligible for the cost 7 of living adjustment established herein, pending federal approval where 8 applicable, include: medically supervised withdrawal services - residen- 9 tial; medically supervised withdrawal services - outpatient; medically 10 managed detoxification; medically monitored withdrawal; inpatient reha- 11 bilitation services; outpatient opioid treatment; residential opioid 12 treatment; KEEP units outpatient; residential opioid treatment to absti- 13 nence; problem gambling treatment; medically supervised outpatient; 14 outpatient rehabilitation; specialized services substance abuse 15 programs; home and community-based waiver services pursuant to subdivi- 16 sion 9 of section 366 of the social services law; children and family 17 treatment and support services; continuum of care rental assistance case 18 management; NY/NY III post-treatment housing; NY/NY III housing for 19 persons at risk for homelessness; permanent supported housing; youth 20 clubhouse; recovery community centers; recovery community organizing 21 initiative; residential rehabilitation services for youth (RRSY); inten- 22 sive residential; community residential; supportive living; residential 23 services; job placement initiative; case management; family support 24 navigator; local government unit administration; peer engagement; voca- 25 tional rehabilitation; support services; HIV early intervention 26 services; dual diagnosis coordinator; problem gambling resource centers; 27 problem gambling prevention; prevention resource centers; primary 28 prevention services; other prevention services; and community services. 29 (iv) Programs and services funded, licensed, or certified by the 30 office of temporary and disability assistance (OTDA) eligible for the 31 cost of living adjustment established herein, pending federal approval 32 where applicable, include: nutrition outreach and education program 33 (NOEP). 34 (v) Programs and services funded, licensed, or certified by the office 35 of children and family services (OCFS) eligible for the cost of living 36 adjustment established herein, pending federal approval where applica- 37 ble, include: programs for which the office of children and family 38 services establishes maximum state aid rates pursuant to section 398-a 39 of the social services law and section 4003 of the education law; emer- 40 gency foster homes; foster family boarding homes and therapeutic foster 41 homes as defined by the regulations of the office of children and family 42 services; supervised settings as defined by subdivision 22 of section 43 371 of the social services law, as added by section 1-a of part L of 44 chapter 56 of the laws of 2021; adoptive parents receiving adoption 45 subsidy pursuant to section 453 of the social services law; and congre- 46 gate and scattered supportive housing programs and supportive services 47 provided under the NY/NY III supportive housing agreement to young 48 adults leaving or having recently left foster care. 49 (vi) Programs and services funded, licensed, or certified by the state 50 office for the aging (SOFA) eligible for the cost of living adjustment 51 established herein, pending federal approval where applicable, include: 52 community services for the elderly; expanded in-home services for the 53 elderly; and supplemental nutrition assistance program. 54 5. Each local government unit or direct contract provider receiving 55 funding for the cost of living adjustment established herein shall 56 submit a written certification, in such form and at such time as eachA. 4046 4 1 commissioner shall prescribe, attesting how such funding will be or was 2 used to first promote the recruitment and retention of non-executive 3 direct care staff, non-executive direct support professionals, non-exe- 4 cutive clinical staff, or respond to other critical non-personal service 5 costs prior to supporting any salary increases or other compensation for 6 executive level job titles. 7 6. Notwithstanding any inconsistent provision of law to the contrary, 8 agency commissioners shall be authorized to recoup funding from a local 9 governmental unit or direct contract provider for the cost of living 10 adjustment established herein determined to have been used in a manner 11 inconsistent with the appropriation, or any other provision of this 12 section. Such agency commissioners shall be authorized to employ any 13 legal mechanism to recoup such funds, including an offset of other funds 14 that are owed to such local governmental unit or direct contract provid- 15 er. 16 § 2. This act shall take effect immediately and shall be deemed to 17 have been in full force and effect on and after April 1, 2023.
