S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10785
 
                           I N  A S S E M B L Y
 
                               May 18, 2018
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation  to  establishing  a
   credentialing pilot program for direct support professionals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The mental hygiene law is amended by adding a  new  section
 13.44 to read as follows:
 § 13.44 DIRECT SUPPORT PROFESSIONAL CREDENTIAL PILOT PROGRAM.
   (A)  WITHIN  THE  AMOUNTS  APPROPRIATED,  THE OFFICE SHALL IMPLEMENT A
 PROFESSIONAL CREDENTIALING PILOT PROGRAM TO ASSIST AND ENHANCE THE FIELD
 OF DIRECT CARE SUPPORT.
   (B) THE PILOT PROGRAM PARTICIPANTS SHALL BE SELECTED  BY  THE  COMMIS-
 SIONER,  IN  CONSULTATION  WITH  THE  REGIONAL  OFFICES UNDER HIS OR HER
 JURISDICTION AND THE REGIONAL CENTERS FOR WORKFORCE TRANSFORMATION. SUCH
 PILOT PROGRAM PARTICIPANTS SHALL INCLUDE INDIVIDUALS EMPLOYED BY  STATE-
 OPERATED  FACILITIES UNDER THE AUSPICES OF THE OFFICE AND NOT-FOR-PROFIT
 PROVIDERS LICENSED AND/OR CERTIFIED BY THE OFFICE. PILOT PROGRAM PARTIC-
 IPANTS SHALL BE GEOGRAPHICALLY DISBURSED THROUGHOUT THE  STATE,  AND  AS
 DETERMINED  BY THE COMMISSIONER, IN REGIONS OF THE STATE WITH THE GREAT-
 EST NEED.
   (C) (1) WHEN IMPLEMENTING THE PILOT PROGRAM, THE OFFICE SHALL FOCUS ON
 ASSISTING INDIVIDUALS IN THE FIELD OF DIRECT SUPPORT BY ADVANCING INITI-
 ATIVES THAT: (I) PROMOTE DIRECT SUPPORT WORK AS A CAREER, WITH  A  FOCUS
 ON  CREATING OPPORTUNITIES FOR CAREER ADVANCEMENT WITHIN THE PROFESSION,
 (II) FURTHER PROFESSIONALIZE THE FIELD BY DEVELOPING ADVANCED SKILLS AND
 COMPETENCIES, (III) PROMOTE THE HEALTH, SAFETY  AND  WELL-BEING  OF  THE
 PEOPLE   BEING  SERVED,  AND  (IV)  ENHANCE  WORKFORCE  RECRUITMENT  AND
 RETENTION EFFORTS, WITH A FOCUS ON  DIRECT  SUPPORT  PROFESSIONAL  POSI-
 TIONS.
   (2) SUCH INITIATIVES SHALL INCLUDE BUT NOT BE LIMITED TO:
   (I)  A  CREDENTIALING AND EDUCATION PROGRAM FOR DIRECT SUPPORT PROFES-
 SIONALS WHICH SHALL UTILIZE BEST PRACTICES INCLUDING BUT NOT LIMITED  TO
 NEW  YORK  STATE DIRECT SUPPORT PROFESSIONAL COMPETENCIES, CERTIFICATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15955-01-8

 A. 10785                            2
 
 PROGRAMS OFFERED BY INSTITUTIONS OF HIGHER LEARNING, AND DIRECT  SUPPORT
 PROFESSIONAL  CREDENTIALING  AND  EDUCATION INITIATIVES IN OTHER STATES;
 AND
   (II) A COMPREHENSIVE TRAINING PROGRAM WHICH MAY INCLUDE ON-LINE TRAIN-
 ING,  MENTORSHIPS, AND SUPPORT GROUP COMPONENTS. TO DEVELOP THE TRAINING
 PROGRAM, THE PILOT MAY  UTILIZE  NATIONAL  DIRECT  SUPPORT  PROFESSIONAL
 COMPETENCY PROGRAMS OR CREDENTIALING STANDARDS AND TRAININGS.
   (D)  (1)  THERE  IS  HEREBY  ESTABLISHED WITHIN THE OFFICE AN ADVISORY
 COUNCIL FOR  DIRECT  SUPPORT  PROFESSIONAL  CREDENTIALING,  WHICH  SHALL
 ADVISE,  OVERSEE AND ASSIST WITH THE IMPLEMENTATION OF THE PILOT PROGRAM
 ESTABLISHED PURSUANT TO THIS SECTION.
   (2) (I) THE COUNCIL SHALL CONSIST OF THE COMMISSIONER OR  HIS  OR  HER
 DESIGNEE, WHO SHALL CHAIR THE COUNCIL AND TWENTY-ONE ADDITIONAL MEMBERS.
 SEVEN  MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE COMMIS-
 SIONER, SEVEN MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF  THE
 TEMPORARY  PRESIDENT  OF THE SENATE AND SEVEN MEMBERS SHALL BE APPOINTED
 UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY. (II) THE  COMPO-
 SITION OF THE COUNCIL SHALL BE AS FOLLOWS:
   (A)  FIVE  INDIVIDUALS FROM THE DIRECT SUPPORT PROFESSIONAL CREDENTIAL
 TECHNICAL REPORT ADVISORY GROUP, AT LEAST TWO OF WHOM SHALL BE  NOT-FOR-
 PROFIT PROVIDERS OF SERVICES;
   (B)  FIVE  INDIVIDUALS FROM THE DIRECT SUPPORT PROFESSIONAL CREDENTIAL
 TECHNICAL REPORT ADVISORY GROUP PROJECT STAFF IDENTIFIED BY THE  COMMIS-
 SIONER, AT LEAST ONE OF WHOM IS FROM AN INSTITUTE OF HIGHER LEARNING;
   (C)  SIX  INDIVIDUALS  FROM THE OFFICE'S REGIONAL CENTER FOR WORKFORCE
 TRANSFORMATION; EACH INDIVIDUAL SHALL REPRESENT ONE OF THE  SIX  REGIONS
 COVERED BY THE REGIONAL CENTER FOR WORKFORCE TRANSFORMATION;
   (D)  FOUR  DIRECT  SUPPORT PROFESSIONALS, OF WHOM TWO SHALL BE CREDEN-
 TIALED DIRECT SUPPORT PROFESSIONALS; AND
   (E) A SELF-ADVOCATE OR A REPRESENTATIVE OF A SELF-ADVOCACY ASSOCIATION
 FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES.
   (3) MEMBERS OF THE TASKFORCE SHALL SERVE WITHOUT COMPENSATION, BUT MAY
 BE REIMBURSED FOR ACTUAL COSTS INCURRED FOR PARTICIPATION ON SUCH  TASK-
 FORCE.
   (4)  THE  COUNCIL SHALL MEET AT LEAST FOUR TIMES IN EACH FULL CALENDAR
 YEAR OR AT THE REQUEST OF THE CHAIR OR COMMISSIONER.
   (5) THE COUNCIL MAY ESTABLISH COMMITTEES  AS  IT  DEEMS  NECESSARY  TO
 PARTICULAR  SUBJECTS  OF IMPORTANCE RELATED TO THE IMPLEMENTATION OF THE
 PILOT PROGRAM.
   (6) THE COUNCIL  MAY  CONSIDER  ANY  MATTER  RELATING  TO  INITIATIVES
 ADVANCED  AS  PART  OF  THE  PILOT  PROGRAM AND SHALL ADVISE AND PROVIDE
 RECOMMENDATIONS TO THE OFFICE ON ANY SUCH  MATTER,  INCLUDING,  BUT  NOT
 LIMITED TO:
   (I)  ENSURING  THE  PROGRAM IS PERSON-CENTERED, ACCESSIBLE, APPLICABLE
 AND RELEVANT FOR PEOPLE AND FAMILIES WHO RESIDE  IN  THE  STATE  OF  NEW
 YORK; AND
   (II)  PROVIDING  RECOMMENDATIONS AND ASSISTANCE TO THE OFFICE TO:  (A)
 SEEK APPROVAL  FROM  THE  FEDERAL  CENTERS  FOR  MEDICARE  AND  MEDICAID
 SERVICES  FOR  THE STATEWIDE CREDENTIALING PROGRAM TO BE INCLUDED IN THE
 STATE'S 1115 DEMONSTRATION WAIVER, AS APPROVED BY THE COMMISSIONER;  (B)
 COLLABORATE  WITH  MANAGED  CARE  ORGANIZATIONS  TO ENSURE THE STATEWIDE
 CREDENTIALING PROGRAM IS INCORPORATED INTO MANAGED  CARE  CONTRACTS  FOR
 LONG  TERM  SERVICES  AND  SUPPORTS; AND (C) DEVELOP THE REPORT REQUIRED
 PURSUANT TO SUBDIVISION (F) OF THIS SECTION.
   (E) NO CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST  ANY  MEMBER
 OF  THE  ADVISORY  COUNCIL FOR DIRECT SUPPORT PROFESSIONAL CREDENTIALING

 A. 10785                            3
 
 FOR ANY ACT DONE, FAILURE TO ACT, OR STATEMENT OR  OPINION  MADE,  WHILE
 DISCHARGING  HIS OR HER DUTIES AS A MEMBER OF THE COUNCIL, WITHOUT LEAVE
 FROM A JUSTICE OF THE SUPREME COURT, FIRST  HAD  AND  OBTAINED.  IN  ANY
 EVENT, SUCH MEMBER SHALL NOT BE LIABLE FOR DAMAGES IN ANY SUCH ACTION IF
 HE  OR  SHE  ACTED IN GOOD FAITH, WITH REASONABLE CARE AND UPON PROBABLE
 CAUSE.
   (F) THE OFFICE IN CONSULTATION WITH  THE  PARTICIPANTS  OF  THE  PILOT
 PROGRAM  AND  THE ADVISORY COUNCIL ESTABLISHED PURSUANT TO THIS SECTION,
 SHALL ISSUE A REPORT NO LATER  THAN  NOVEMBER  FIFTEENTH,  TWO  THOUSAND
 TWENTY-ONE  TO  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
 SPEAKER OF THE ASSEMBLY, THE ASSEMBLY CHAIR OF THE COMMITTEE  ON  MENTAL
 HEALTH,  AND  THE  SENATE  CHAIR  OF  THE COMMITTEE ON MENTAL HEALTH AND
 DEVELOPMENTAL DISABILITIES, DETAILING THE PROGRESS OF THE PILOT PROGRAM,
 ALL RELEVANT DATA AND INFORMATION TAKING INTO CONSIDERATION ANY  PRIVACY
 CONCERNS  OR  CONFIDENTIAL  RESTRICTIONS  TO SHARE SUCH INFORMATION, AND
 RECOMMENDATIONS WHICH SHALL INCLUDE BUT NOT BE LIMITED TO:
   (1) RATE OF RECRUITMENT AND RETENTION FOR DIRECT SUPPORT PROFESSIONALS
 OF PROVIDERS PARTICIPATING IN THE PILOT PROGRAM COMPARED TO THE RATE FOR
 NON-PARTICIPATING PROVIDERS;
   (2) NUMBER OF DIRECT SUPPORT PROFESSIONALS CREDENTIALED;
   (3) ENHANCEMENT OF QUALITY SUPPORTS AND SERVICES TO  INDIVIDUALS  WITH
 DEVELOPMENTAL DISABILITIES;
   (4)  CORRELATION  BETWEEN HOW WAGE INCREASES FOR CREDENTIALED INDIVID-
 UALS DEMONSTRATES COMMITMENT TO THE  PROFESSION,  LEADERSHIP  QUALITIES,
 RETENTION  IN  THE FIELD, IMPROVED SUPPORTS AND SERVICES, AND FAMILY AND
 INDIVIDUAL SATISFACTION;
   (5) IDENTIFIED BARRIERS TO MEETING THE PILOT PROGRAMS GOALS AND OBJEC-
 TIVES AND RECOMMENDATIONS ON HOW TO ELIMINATE SUCH BARRIERS; AND
   (6) ANY RECOMMENDATION RELATED TO ACHIEVING A  SUCCESSFUL  IMPLEMENTA-
 TION  OF  A STATEWIDE CREDENTIALING PROGRAM INCLUDING BUT NOT LIMITED TO
 CONTINUING AND/OR EXPANDING THE OPERATION  OF  THE  CREDENTIALING  PILOT
 PROGRAM OR ADDITIONAL INVESTMENT OF RESOURCES REQUIRED BY THE STATE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.