BILL NUMBER: S8054

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to requiring the
office for people with developmental disabilities to create a staffing
plan for workforce emergencies when experiencing staffing shortages

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would require OPWDD to create a staffing plan in case
of workforce shortages over 10% in a region, and allow the agency to
take additional measures to enhance recruitment efforts and incentivize
the current workforce.

 
SUMMARY OF PROVISIONS:

Section 1. Requires OPWDD to come up with an emergency staffing plan
that would be triggered if staff vacancy rate is lower than 90%. The
staffing plan shall be publicly available and online.

              

Section 2. Effective Date

 
JUSTIFICATION:

The Office for People with Developmental Disabilities, in addition to
coordinating and certifying supports and services for individuals with
developmental disabilities, also is a provider of these services.
Several years of stagnant funding has led to staffing shortages at state
operated homes and facilities. More than 90 state operated facilities
are temporarily suspended or in the process of closing. Hundreds of New
Yorkers are facing displacement. For many individuals, this is detri-
mental for their personal growth and relationships that they have devel-
oped with their housemates and direct care staff.

According to the 2019 National Core Indicators Staff Stability Survey
report, the annual turnover rate of DSPs in New York State is 36.2%.  At
the Senate Disabilities Committee hearing on workforce issues in Septem-
ber 2021, OPWDD testified that in 2019, 11.5% of all staff hours are
overtime hours.

The State must take immediate action to address workforce shortages by
creating an emergency staffing plan which is triggered by more than 10%
vacancies in direct care and clinical staff in any region. OPWDD already
has emergency plans for snow and natural disasters, as well as imple-
mented an emergency staffing plan during the height of the COVID-19
pandemic. The low level of staffing warrants an emergency staffing plan
to be developed and implemented as necessary to keep individuals with
disabilities living fulfilling and meaningful lives.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD.

 
EFFECTIVE DATE:
Immediately.