Senate Bill S4346

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4346
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02455-01-1

 S. 4346                             2
 
   (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
 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

 S. 4346                             3
 
 LONG TERM SERVICES AND SUPPORTS; AND (C)  DEVELOP  THE  REPORT  REQUIRED
 PURSUANT TO SUBDIVISION (E) OF THIS SECTION.
   (E)  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-FOUR 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.