S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10409

                          I N  A S S E M B L Y

                              May 25, 2016
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Mental Health

AN ACT to direct the commissioner of the office for people with develop-
  mental disabilities  to  study  and  report  on  the  recruitment  and
  retention  of  direct  support  professionals working with people with
  developmental disabilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The Legislature hereby finds that
Direct Support Professionals (DSPs) are the lynchpin of  the  system  of
supports for people with developmental disabilities. These dedicated and
skilled direct support professionals allow more than 100,000 New Yorkers
to lead safe, fulfilling lives.  More than 90% of all funding to support
the  salaries  of these highly trained professionals comes from Medicaid
or other state funds.
  The Legislature further finds the current  funding  for  these  highly
trained  professionals  is  insufficient to pay a fair wage for the work
these skilled professionals do, leaving these dedicated workers in short
supply.  Recent surveys by voluntary  agencies  employing  these  valued
professionals  indicate  a  high  and increasing statewide vacancy rate,
high and increasing  staff  turnover  rates  and  increasing  difficulty
recruiting and retaining these valuable employees.
  The  Legislature  further  finds  that  women  and  minorities are the
cornerstone of the direct support professional  workforce  in  New  York
State.  According to recent surveys, 73 percent of direct care staff are
women and 56.5 percent are either African-American, black or of Hispanic
and Latino origin. It is critically important  that  these  skilled  and
dedicated professionals receive the fair wage they deserve, for the work
they do.
  The  Legislature further finds that in his April 2012 Report to Gover-
nor Cuomo, Clarence Sundram, the Governor's Special Advisor  on  Vulner-
able  Persons,  found  that "a strong, well trained and committed direct
support staff" is essential to safeguard and care for  vulnerable  indi-
viduals.  In order to attract and retain such a workforce, and to ensure

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

                                                           LBD15398-03-6

A. 10409                            2

appropriate recruitment, job  training,  coaching,  motivation  and  the
inculcating of core agency mission values in these front line workers by
agency supervisors and managers as envisioned by the Sundram report, the
Legislature  finds  not  for profit agencies must be given the resources
needed in order to pay these workers and front-line managers and  super-
visors a fair wage consistent with the responsibilities and duties these
individuals perform.
  The  Legislature further finds that as a result of fiscal difficulties
the state faced beginning in 2009,  the  state  has  failed  to  provide
appropriate  funding  to  allow not for profit providers to pay the fair
wages these dedicated and skilled professionals  deserve  for  the  work
they do.
  The  Legislature  further  finds that in order to begin to address the
wage losses sustained by these dedicated professionals, and in order  to
ensure  these  workers  receive a fair wage commensurate to their skill,
training and heightened responsibilities, and to address the  unaccepta-
bly high vacancy and turnover rates, which disrupts care-giving, lessens
the  quality  of  the lives of those with intellectual and developmental
disabilities, and threatens health and safety, a funding mechanism needs
to be established for DSPs in order to appropriately value the work they
do.
  The Legislature further finds it is necessary to quantify the  factors
having  an  adverse  impact  on the ability of providers of supports and
services for people  with  developmental  disabilities  to  recruit  and
retain  qualified staff and on their ability to provide the supports and
services necessary for their health, safety and happiness and  an  iden-
tification of the resources necessary.
  S  2.  The  commissioner  of  the office for people with developmental
disabilities shall develop and issue a report enumerating the causes  of
the  high  and  increasing  turnover and vacancy rates of Direct Support
Professionals (DSPs) working with people with intellectual and  develop-
mental  disabilities.  Such  report  shall  include an assessment of all
factors which are causing the vacancy and turnover rates of providers of
supports and services for individuals  with  intellectual  and  develop-
mental disabilities to raise.
  S 3. The report shall include identification of resources necessary to
attract  and retain a quality workforce, and the fiscal resources neces-
sary to maintain a quality workforce in sufficient number to assure  the
health  and safety of individuals with developmental disabilities and to
reverse the unacceptably high vacancy and turnover rates.
  S 4. On or before November 1, 2016, the commissioner of the office for
people  with  developmental  disabilities  shall  complete   the   study
conducted pursuant to sections two and three of this act and shall ther-
eafter  deliver  a copy of the findings of the study and any legislative
recommendations he or she deems to be necessary, to  the  governor,  the
temporary president of the senate, and the speaker of the assembly.
  S 5. This act shall take effect immediately.