S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10712
 
                           I N  A S S E M B L Y
 
                               May 15, 2018
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT to amend part C of chapter 57 of the laws of  2006,  relating  to
   establishing  a  cost  of  living  adjustment  for  designated   human
   services programs, in relation to the  inclusion  and  development  of
   certain  cost  of  living  adjustments  and  to  providing  funding to
   increase salaries and related fringe benefits to direct care  workers,
   direct  support  professionals and clinical workers including Medicaid
   Service Coordination
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision 3-e of section 1 of part C of chapter 57 of
 the laws of 2006, relating to establishing a cost of  living  adjustment
 for  designated human services programs, as added by section 2 of part Q
 of chapter 57 of the laws of 2017, is amended to read as follows:
   3-e. (i) Notwithstanding the provisions of  subdivision  3-b  of  this
 section  or  any other inconsistent provision of law, and subject to the
 availability of the appropriation therefor, for the programs  listed  in
 paragraphs  (i),  (ii),  and (iii) of subdivision 4 of this section, the
 commissioners shall provide funding to support (1)  an  overall  average
 three  and  one-quarter  percent  (3.25%) increase to total salaries for
 direct care staff, direct support professionals for each eligible state-
 funded program beginning January 1, 2018; and  (2)  an  overall  average
 three  and  one-quarter  percent  (3.25%) increase to total salaries for
 direct care staff and direct support professionals, and clinical  staff,
 INCLUDING  POSITION  CODE 351 RELATING TO MEDICAID SERVICE COORDINATION,
 for each eligible state-funded program beginning April 1, 2018;  (3)  AN
 OVERALL  AVERAGE THREE AND ONE-QUARTER PERCENT (3.25%) INCREASE TO TOTAL
 SALARIES FOR DIRECT CARE STAFF AND  DIRECT  SUPPORT  PROFESSIONALS,  AND
 CLINICAL STAFF, INCLUDING POSITION CODE 351 RELATING TO MEDICAID SERVICE
 COORDINATION,  FOR EACH ELIGIBLE STATE-FUNDED PROGRAM BEGINNING APRIL 1,
 2019; (4) AN OVERALL  AVERAGE  THREE  AND  ONE-QUARTER  PERCENT  (3.25%)
 INCREASE  TO  TOTAL  SALARIES  FOR  DIRECT CARE STAFF AND DIRECT SUPPORT
 PROFESSIONALS, AND CLINICAL STAFF, INCLUDING POSITION CODE 351  RELATING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15156-03-8

 A. 10712                            2
 
 TO MEDICAID SERVICE COORDINATION, FOR EACH ELIGIBLE STATE-FUNDED PROGRAM
 BEGINNING  APRIL  1,  2020; (5) AN OVERALL AVERAGE THREE AND ONE-QUARTER
 PERCENT (3.25%) INCREASE TO TOTAL SALARIES FOR  DIRECT  CARE  STAFF  AND
 DIRECT  SUPPORT  PROFESSIONALS,  AND  CLINICAL STAFF, INCLUDING POSITION
 CODE 351 RELATING TO MEDICAID SERVICE COORDINATION,  FOR  EACH  ELIGIBLE
 STATE-FUNDED PROGRAM BEGINNING APRIL 1, 2021; AND (6) AN OVERALL AVERAGE
 THREE  AND  ONE-QUARTER  PERCENT  (3.25%) INCREASE TO TOTAL SALARIES FOR
 DIRECT CARE STAFF AND DIRECT SUPPORT PROFESSIONALS, AND CLINICAL  STAFF,
 INCLUDING  POSITION  CODE 351 RELATING TO MEDICAID SERVICE COORDINATION,
 FOR EACH ELIGIBLE STATE-FUNDED PROGRAM BEGINNING APRIL 1, 2022.  For the
 purpose of this funding increase, direct support professionals are indi-
 viduals employed in consolidated fiscal reporting position  title  codes
 ranging  from  100 to 199; direct care staff are individuals employed in
 consolidated fiscal reporting position title codes ranging from  200  to
 299;  and clinical staff are individuals employed in consolidated fiscal
 reporting position title codes ranging from  300  to  399,  SPECIFICALLY
 INCLUDING POSITION CODE 351 RELATING TO MEDICAID SERVICE COORDINATION.
   (ii)  The  funding  made  available  pursuant to paragraph (i) of this
 subdivision shall be used: (1) to help  alleviate  the  recruitment  and
 retention  challenges of direct care staff, direct support professionals
 and clinical staff employed in  eligible  programs,  INCLUDING  MEDICAID
 SERVICE  COORDINATION;  and  (2)  to  continue  and to expand efforts to
 support the professionalism of the direct  care  workforce.  Each  local
 government unit or direct contract provider receiving such funding shall
 have  flexibility in allocating such funding to support salary increases
 to particular job titles to best address the needs of  its  direct  care
 staff,  direct support professionals and clinical staff, INCLUDING MEDI-
 CAID SERVICE COORDINATION. Each local government unit or direct contract
 provider receiving such funding shall  also  submit  a  written  certif-
 ication,  in  such  form  and  at  such  time as each commissioner shall
 prescribe, attesting to how  such  funding  will  be  or  was  used  for
 purposes  eligible under this section. Further, providers shall submit a
 resolution from their governing body to  the  appropriate  commissioner,
 attesting that the funding received will be used solely to support sala-
 ry  and  salary-related  fringe benefit increases for direct care staff,
 direct support professionals  and  clinical  staff,  INCLUDING  MEDICAID
 SERVICE  COORDINATION,  pursuant  to  paragraph (i) of this subdivision.
 Salary increases that take effect on and after April 1, 2017 may be used
 to demonstrate compliance with the  January  1,  2018  funding  increase
 authorized  by  this  section,  except for salary increases necessary to
 comply with state minimum wage requirements. Such commissioners shall be
 authorized to recoup any funds as appropriated herein determined to have
 been used in a manner inconsistent with such standards  or  inconsistent
 with the provisions of this subdivision, and such commissioners shall be
 authorized to employ any legal mechanism to recoup such funds, including
 an  offset  of other funds that are owed to such local governmental unit
 or provider.
   (iii) Where appropriate, transfers to the department of  health  shall
 be made as reimbursement for the state share of medical assistance.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2018; provided,
 however, that the amendments to section 1 of part C of chapter 57 of the
 laws of 2006 made by section one of this act shall not affect the repeal
 of such section and shall be deemed repealed therewith.