S T A T E O F N E W Y O R K
________________________________________________________________________
1375
2023-2024 Regular Sessions
I N A S S E M B L Y
January 17, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee 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 extending COLA provisions for the purpose of
establishing rates of payments and the effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3-c 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 amended by section 1 of part FFF
of chapter 59 of the laws of 2021, is amended to read as follows:
3-c. Notwithstanding any inconsistent provision of law, beginning
April 1, 2021 and ending March 31, [2022] 2023, the commissioners shall
develop the COLA under this section using the actual U.S. consumer price
index for all urban consumers (CPI-U) published by the United States
department of labor, bureau of labor statistics for the twelve month
period ending in July of the budget year prior to such state fiscal
year, for the purpose of establishing rates of payments, contracts or
any other form of reimbursement.
§ 2. 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, is amended by adding a new subdivision 3-h to read as
follows:
3-H. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, BEGINNING
APRIL 1, 2023 AND ENDING MARCH 31, 2029, FOR HUMAN SERVICES PROGRAMS NOT
FUNDED WITH FEDERAL MEDICAID FUNDS, THE COMMISSIONERS SHALL DEVELOP THE
COLA UNDER THIS SECTION USING THE ACTUAL U.S. CONSUMER PRICE INDEX FOR
ALL URBAN CONSUMERS (CPI-U), EXCLUDING ENERGY AND FOOD, PUBLISHED BY THE
UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS FOR THE
TWELVE MONTH PERIOD ENDING IN JULY OF THE BUDGET YEAR PRIOR TO SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01338-01-3
A. 1375 2
STATE FISCAL YEAR, FOR THE PURPOSE OF ESTABLISHING RATES OF PAYMENTS,
CONTRACTS OR ANY OTHER FORM OF REIMBURSEMENT AND FOR HUMAN SERVICES
PROGRAMS FUNDED WITH FEDERAL MEDICAID FUNDS, THE COMMISSIONERS SHALL
DEVELOP THE COLA UNDER THIS SECTION USING THE ACTUAL U.S. CONSUMER PRICE
INDEX FOR MEDICAL CARE SERVICES, PUBLISHED BY THE UNITED STATES DEPART-
MENT OF LABOR, BUREAU OF LABOR STATISTICS FOR THE TWELVE MONTH PERIOD
ENDING IN JULY OF THE BUDGET YEAR PRIOR TO SUCH STATE FISCAL YEAR, FOR
THE PURPOSE OF ESTABLISHING RATES OF PAYMENTS, CONTRACTS OR ANY OTHER
FORM OF REIMBURSEMENT.
§ 3. Section 4 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 amended by section 3 of part FFF of chapter 59 of
the laws of 2021, is amended to read as follows:
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2006; provided
section one of this act shall expire and be deemed repealed April 1,
[2022] 2024; provided, further, that sections two and three of this act
shall expire and be deemed repealed December 31, 2009.
§ 4. This act shall take effect immediately; provided, however, that
the amendments to 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 made by sections one and two of this act shall
not affect the repeal of such section and shall be deemed repealed ther-
ewith.