Bill Text: NY S01580 | 2025-2026 | General Assembly | Introduced
Bill Title: Adds certain human services programs to the designated human services programs eligible for a cost of living adjustment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-10 - REFERRED TO FINANCE [S01580 Detail]
Download: New_York-2025-S01580-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1580 2025-2026 Regular Sessions IN SENATE January 10, 2025 ___________ Introduced by Sen. PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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: 1 Section 1. 1. Subject to available appropriations and approval of the 2 director of the budget, the commissioners and directors of the office of 3 mental health, office for people with developmental disabilities, office 4 of addiction services and supports, office of temporary and disability 5 assistance, office of children and family services, office of victim 6 services, department of health, and the state office for the aging 7 (hereinafter "the commissioners") shall establish a state fiscal year 8 2025-2026 cost of living adjustment (COLA), effective April 1, 2025, for 9 projecting for the effects of inflation upon rates of payments, 10 contracts, or any other form of reimbursement for the programs and 11 services listed in subdivision five of this section. The COLA estab- 12 lished herein shall be applied to the appropriate portion of reimbursa- 13 ble costs or contract amounts. Where appropriate, transfers to the 14 department of health (DOH) shall be made as reimbursement for the state 15 share of medical assistance. 16 2. Notwithstanding any inconsistent provision of law, subject to the 17 approval of the director of the budget and available appropriations 18 therefore, for the period of April 1, 2025, through March 31, 2026, the 19 commissioners and directors shall provide funding to support a seven and 20 eight-tenths percent (7.8%) cost of living adjustment under this section 21 for all eligible programs and services as determined pursuant to subdi- 22 vision five of this section. 23 3. Notwithstanding any inconsistent provision of law, and as approved 24 by the director of the budget, the 7.8 percent cost of living adjustment 25 (COLA) established herein shall be inclusive of all other cost of living EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03869-02-5S. 1580 2 1 type increases, inflation factors, or trend factors that are newly 2 applied effective April 1, 2025. Except for the 7.8 percent cost of 3 living adjustment (COLA) established herein, for the period commencing 4 on April 1, 2025, and ending March 31, 2026 the commissioners and direc- 5 tors shall not apply any other new cost of living adjustments for the 6 purpose of establishing rates of payments, contracts or any other form 7 of reimbursement. The phrase "all other cost of living type increases, 8 inflation factors, or trend factors" as defined in this subdivision 9 shall not include payments made pursuant to the American Rescue Plan Act 10 or other federal relief programs related to the Coronavirus Disease 2019 11 (COVID-19) pandemic public health emergency. This subdivision shall not 12 prevent the office of children and family services from applying addi- 13 tional trend factors or staff retention factors to eligible programs and 14 services under paragraph (v) of subdivision five of this section. 15 4. Each local government unit or direct contract provider receiving 16 the cost of living adjustment established herein shall use such funding 17 to provide a targeted salary increase of at least two and six-tenths 18 percent (2.6%) to eligible individuals in accordance with subdivision 19 six of this section. Notwithstanding any inconsistent provision of law, 20 the commissioners and directors shall develop guidelines for local 21 government units and direct contract providers on implementation of such 22 targeted salary increase. 23 5. Eligible programs and services. (i) Programs and services funded, 24 licensed, or certified by the office of mental health (OMH) eligible for 25 the cost of living adjustment established herein, pending federal 26 approval where applicable, include: office of mental health licensed 27 outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of 28 the office of mental health regulations including clinic, continuing day 29 treatment, day treatment, intensive outpatient programs and partial 30 hospitalization; outreach; crisis residence; crisis stabilization, 31 crisis/respite beds; mobile crisis, part 590 comprehensive psychiatric 32 emergency program services; crisis intervention; home based crisis 33 intervention; family care; supported single room occupancy; supported 34 housing; supported housing community services; treatment congregate; 35 supported congregate; community residence - children and youth; 36 treatment/apartment; supported apartment; community residence single 37 room occupancy; on-site rehabilitation; employment programs; recreation; 38 respite care; transportation; psychosocial club; assertive community 39 treatment; case management; care coordination, including health home 40 plus services; local government unit administration; monitoring and 41 evaluation; children and youth vocational services; single point of 42 access; school-based mental health program; family support children and 43 youth; advocacy/support services; drop in centers; recovery centers; 44 transition management services; bridger; home and community based waiver 45 services; behavioral health waiver services authorized pursuant to the 46 section 1115 MRT waiver; self-help programs; consumer service dollars; 47 conference of local mental hygiene directors; multicultural initiative; 48 ongoing integrated supported employment services; supported education; 49 mentally ill/chemical abuse (MICA) network; personalized recovery 50 oriented services; children and family treatment and support services; 51 residential treatment facilities operating pursuant to part 584 of title 52 14-NYCRR; geriatric demonstration programs; community-based mental 53 health family treatment and support; coordinated children's service 54 initiative; homeless services; and promises zone. 55 (ii) Programs and services funded, licensed, or certified by the 56 office for people with developmental disabilities (OPWDD) eligible forS. 1580 3 1 the cost of living adjustment established herein, pending federal 2 approval where applicable, include: local/unified services; chapter 620 3 services; voluntary operated community residential services; article 16 4 clinics; day treatment services; family support services; 100% day 5 training; epilepsy services; traumatic brain injury services; hepatitis 6 B services; independent practitioner services for individuals with 7 intellectual and/or developmental disabilities; crisis services for 8 individuals with intellectual and/or developmental disabilities; family 9 care residential habilitation; supervised residential habilitation; 10 supportive residential habilitation; respite; day habilitation; prevoca- 11 tional services; supported employment; community habilitation; interme- 12 diate care facility day and residential services; specialty hospital; 13 pathways to employment; intensive behavioral services; community transi- 14 tion services; family education and training; fiscal intermediary; 15 support broker; and personal resource accounts. The office, in collab- 16 oration with the education department, shall also provide a comparable 17 cost of living adjustment to the independent living centers program. 18 (iii) Programs and services funded, licensed, or certified by the 19 office of addiction services and supports (OASAS) eligible for the cost 20 of living adjustment established herein, pending federal approval where 21 applicable, include: medically supervised withdrawal services - residen- 22 tial; medically supervised withdrawal services - outpatient; medically 23 managed detoxification; medically monitored withdrawal; inpatient reha- 24 bilitation services; outpatient opioid treatment; residential opioid 25 treatment; KEEP units outpatient; residential opioid treatment to absti- 26 nence; problem gambling treatment; medically supervised outpatient; 27 outpatient rehabilitation; specialized services substance abuse 28 programs; home and community based waiver services pursuant to subdivi- 29 sion 9 of section 366 of the social services law; children and family 30 treatment and support services; continuum of care rental assistance case 31 management; NY/NY III post-treatment housing; NY/NY III housing for 32 persons at risk for homelessness; permanent supported housing; youth 33 clubhouse; recovery community centers; recovery community organizing 34 initiative; residential rehabilitation services for youth (RRSY); inten- 35 sive residential; community residential; supportive living; residential 36 services; job placement initiative; case management; family support 37 navigator; local government unit administration; peer engagement; voca- 38 tional rehabilitation; support services; HIV early intervention 39 services; dual diagnosis coordinator; problem gambling resource centers; 40 problem gambling prevention; prevention resource centers; primary 41 prevention services; other prevention services; community services; and 42 addiction treatment centers. 43 (iv) Programs and services funded, licensed, or certified by the 44 office of temporary and disability assistance (OTDA) eligible for the 45 cost of living adjustment established herein, pending federal approval 46 where applicable, include: nutrition outreach and education program 47 (NOEP); New York state supportive housing program; solutions to end 48 homelessness program; and state supplemental nutrition assistance 49 program outreach program. 50 (v) Programs and services funded, licensed, or certified by the office 51 of children and family services (OCFS) eligible for the cost of living 52 adjustment established herein, pending federal approval where applica- 53 ble, include: programs for which the office of children and family 54 services establishes maximum state aid rates pursuant to section 398-a 55 of the social services law and section 4003 of the education law; emer- 56 gency foster homes; foster family boarding homes and therapeutic fosterS. 1580 4 1 homes; supervised settings as defined by subdivision twenty-two of 2 section 371 of the social services law; adoptive parents receiving 3 adoption subsidy pursuant to section 453 of the social services law; 4 congregate and scattered supportive housing programs and supportive 5 services provided under the NY/NY III supportive housing agreement to 6 young adults leaving or having recently left foster care; child care 7 resource and referral agencies; healthy families New York; maternal, 8 infant, and early childhood home visiting (MIECHV) initiative; New York 9 state learning and enrichment after-school program supports (LEAPS); New 10 York state commission for the blind; residential and non-residential 11 domestic violence services and preventative services as defined by 12 section 409 of the social services law. 13 (vi) Programs and services funded, licensed, or certified by the state 14 office for the aging (SOFA) eligible for the cost of living adjustment 15 established herein, pending federal approval where applicable, include: 16 community services for the elderly; expanded in-home services for the 17 elderly; wellness in nutrition program; New York connects program; long 18 term ombudsman program; naturally occurring retirement communities 19 (NORCs); neighborhood naturally occurring retirement communities 20 (NNORCs); and social adult day services program. 21 (vii) Programs and services funded, licensed, or certified by the 22 department of health eligible for the cost of living adjustment estab- 23 lished herein, pending federal approval where applicable, include: 24 health home care management agencies authorized under section 365-l of 25 the social services law; rape crisis programs; and medicaid transporta- 26 tion program. 27 (viii) Programs and services funded, licensed, or certified by the 28 office of victim services eligible for the cost of living adjustment 29 established herein, pending federal approval where applicable, include: 30 crime victim service programs as defined by section 631-a of the execu- 31 tive law. 32 6. All state-funded human services programs not listed in paragraphs 33 (i), (ii), (iii), (iv), (v), (vi), (vii), and (viii) of subdivision five 34 of this section shall be deemed eligible for the cost of living adjust- 35 ment established herein, pending federal approval where applicable, if 36 such program or service is provided to individuals or groups of individ- 37 uals, for the purpose of improving or enhancing such individuals' health 38 and/or welfare, by addressing social problems. The commissioners and 39 directors of the office of mental health, the office for people with 40 developmental disabilities, the office of addiction services and 41 supports, the office of temporary and disability assistance, the office 42 of children and family services, the state office for the aging, the 43 department of health, and the director of the office of victim services 44 shall publish a list of such newly eligible programs and services each 45 year on department websites no later than March first and review the 46 current list of cost of living adjustment eligible programs every five 47 years. Each local government unit or direct contract provider receiving 48 funding for the cost of living adjustment established herein shall 49 submit a written certification, in such form and at such time as each 50 commissioner or director shall prescribe, attesting how such funding 51 will be or was used to first promote the recruitment and retention of 52 non-executive direct care staff, non-executive direct support profes- 53 sionals, non-executive clinical staff, or respond to other critical 54 non-personal service costs prior to supporting any salary increases or 55 other compensation for executive level job titles.S. 1580 5 1 7. Eligible individuals. Support staff, direct care staff, clinical 2 staff, and non-executive administrative staff in programs and services 3 listed in subdivision five of this section shall be eligible for the 4 2.6% targeted salary increase established pursuant to subdivision four 5 of this section. 6 (a) For the office of mental health, office for people with develop- 7 mental disabilities, and office of addiction services and supports, 8 support staff shall mean individuals employed in consolidated fiscal 9 report position title codes ranging from 100 to 199; direct care staff 10 shall mean individuals employed in consolidated fiscal report position 11 title codes ranging from 200 to 299; clinical staff shall mean individ- 12 uals employed in consolidated fiscal report position title codes ranging 13 from 300 to 399; and non-executive administrative staff shall mean indi- 14 viduals employed in consolidated fiscal report position title codes 400, 15 500 to 599, 605 to 699, and 703 to 799. Individuals employed in consol- 16 idated fiscal report position title codes 601 to 604, 701 and 702 shall 17 be ineligible for the 2.6% targeted salary increase established herein. 18 (b) For the office of temporary and disability assistance, office of 19 children and family services, and the state office for the aging, eligi- 20 ble support staff, direct care staff, clinical staff, and non-executive 21 administrative staff titles shall be determined by each agency's commis- 22 sioner. 23 8. Each local government unit or direct contract provider receiving 24 funding for the cost of living adjustment established herein shall 25 submit a written certification, in such form and at such time as each 26 commissioner shall prescribe, attesting how such funding will be or was 27 used to first promote the recruitment and retention of support staff, 28 direct care staff, clinical staff, non-executive administrative staff, 29 or respond to other critical non-personal service costs prior to 30 supporting any salary increases or other compensation for executive 31 level job titles. 32 9. Notwithstanding any inconsistent provision of law to the contrary, 33 agency commissioners and directors shall be authorized to recoup funding 34 from a local governmental unit or direct contract provider for the cost 35 of living adjustment established herein determined to have been used in 36 a manner inconsistent with the appropriation, or any other provision of 37 this section. Such agency commissioners and directors shall be author- 38 ized to employ any legal mechanism to recoup such funds, including an 39 offset of other funds that are owed to such local governmental unit or 40 direct contract provider. 41 § 2. This act shall take effect immediately and shall be deemed to 42 have been in full force and effect on and after April 1, 2025.
