The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2893
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2023
                                ___________
 
 Introduced by M. of A. GONZALEZ-ROJAS, ANDERSON, CUNNINGHAM -- read once
   and referred to the Committee on Health
 
 AN ACT to amend the social services law, in relation to the provision of
   and payment for violence prevention programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 367-x to read as follows:
   §  367-X. PAYMENT FOR VIOLENCE PREVENTION PROGRAMS. 1. AS USED IN THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING DEFINITIONS:
   (A) "COMMUNITY  VIOLENCE"  MEANS  INTENTIONAL  ACTS  OF  INTERPERSONAL
 VIOLENCE  COMMITTED BY INDIVIDUALS WHO ARE NOT INTIMATELY RELATED TO THE
 VICTIM.
   (B) "COMMUNITY VIOLENCE PREVENTION SERVICES" MEANS  EVIDENCE-INFORMED,
 TRAUMA-INFORMED,  CULTURALLY RESPONSIVE, SUPPORTIVE AND NON-PSYCHOTHERA-
 PEUTIC SERVICES PROVIDED BY  A  QUALIFIED  VIOLENCE  PREVENTION  PROFES-
 SIONAL,  WITHIN  OR  OUTSIDE  OF  A CLINICAL SETTING, FOR THE PURPOSE OF
 PROMOTING IMPROVED HEALTH OUTCOMES, TRAUMA RECOVERY, AND POSITIVE BEHAV-
 IORAL CHANGE, PREVENTING INJURY RECIDIVISM AND REDUCING  THE  LIKELIHOOD
 THAT  INDIVIDUALS  WHO  ARE VICTIMS OF COMMUNITY VIOLENCE WILL COMMIT OR
 PROMOTE VIOLENCE THEMSELVES. "COMMUNITY  VIOLENCE  PREVENTION  SERVICES"
 MAY  INCLUDE  THE  PROVISION OF PEER SUPPORT AND COUNSELING, MENTORSHIP,
 CONFLICT  MEDIATION,  CRISIS  INTERVENTION,  TARGETED  CASE  MANAGEMENT,
 REFERRALS  TO  CERTIFIED OR LICENSED HEALTH CARE PROFESSIONALS OR SOCIAL
 SERVICES  PROVIDERS,  CASE  MANAGEMENT,  COMMUNITY  AND  SCHOOL  SUPPORT
 SERVICES, PATIENT EDUCATION OR SCREENING SERVICES TO VICTIMS OF COMMUNI-
 TY VIOLENCE.
   (C)  "PREVENTION  PROFESSIONAL"  MEANS  AN  INDIVIDUAL  WHO  WORKS  IN
 PROGRAMS AIMED TO  ADDRESS  SPECIFIC  PATIENT  NEEDS,  SUCH  AS  SUICIDE
 PREVENTION,  VIOLENCE PREVENTION, ALCOHOL AVOIDANCE, DRUG AVOIDANCE, AND
 TOBACCO PREVENTION. THE GOAL OF SUCH INDIVIDUAL'S WORK IS TO REDUCE  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02654-01-3

 A. 2893                             2
 
 RISK OF RELAPSE, INJURY, OR RE-INJURY OF THE PATIENT. PREVENTION PROFES-
 SIONALS  WORK  IN  A  VARIETY  OF  SETTINGS AND PROVIDE APPROPRIATE CASE
 MANAGEMENT, MEDIATION, REFERRAL, AND MENTORSHIP SERVICES.
   (D)  "QUALIFIED  VIOLENCE  PREVENTION PROFESSIONAL" MEANS A PREVENTION
 PROFESSIONAL WHO MEETS ALL OF THE CONDITIONS  SPECIFIED  IN  SUBDIVISION
 FIVE OF THIS SECTION.
   2.  WITHIN  THIRTY  DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, THE
 COMMISSIONER, IN CONJUNCTION WITH  THE  COMMISSIONER  OF  HEALTH,  SHALL
 AMEND  THE  MEDICAID  STATE  PLAN  TO MAKE COMMUNITY VIOLENCE PREVENTION
 SERVICES AVAILABLE, TO THE EXTENT PERMITTED BY FEDERAL LAW, TO ANY MEDI-
 CAID BENEFICIARY WHO HAS:
   (A) BEEN EXPOSED TO COMMUNITY VIOLENCE, OR HAS A PERSONAL  HISTORY  OF
 INJURY SUSTAINED AS A RESULT OF AN ACT OF COMMUNITY VIOLENCE; AND
   (B)  BEEN  REFERRED BY A CERTIFIED OR LICENSED HEALTH CARE PROVIDER OR
 SOCIAL  SERVICES  PROVIDER  TO  RECEIVE  COMMUNITY  VIOLENCE  PREVENTION
 SERVICES  FROM  A QUALIFIED VIOLENCE PREVENTION PROFESSIONAL, AFTER SUCH
 PROVIDER DETERMINES SUCH BENEFICIARY TO BE AT ELEVATED RISK OF A VIOLENT
 INJURY OR RETALIATION RESULTING FROM ANOTHER ACT OF COMMUNITY VIOLENCE.
   3. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER  OF  HEALTH,
 SHALL  SEEK  ANY  FEDERAL APPROVALS NECESSARY TO IMPLEMENT THIS SECTION,
 INCLUDING, BUT NOT LIMITED TO, ANY  STATE  PLAN  AMENDMENTS  OR  FEDERAL
 WAIVERS BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES.
   4.  THE  COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH,
 SHALL, IN CONSULTATION WITH THE  HEALTH  ALLIANCE  FOR  VIOLENCE  INTER-
 VENTION  (HAVI)  AND  LOCAL  COMMUNITY-BASED AND HOSPITAL-BASED VIOLENCE
 PREVENTION PROGRAMS:
   (A) ISSUE  GUIDANCE  ON  THE  USE  OF  COMMUNITY  VIOLENCE  PREVENTION
 SERVICES  FOR  BENEFICIARIES WHO ACCESS THESE SERVICES UNDER THE MEDICAL
 ASSISTANCE PROGRAM; AND
   (B)  DETERMINE  MAXIMUM  ALLOWABLE  RATES   FOR   COMMUNITY   VIOLENCE
 PREVENTION  SERVICES  BASED UPON THE MEDICAL ASSISTANCE PROGRAM FEE-FOR-
 SERVICE OUTPATIENT RATES FOR THE SAME OR SIMILAR SERVICES, OR ANY  OTHER
 DATA DEEMED RELIABLE AND RELEVANT BY THE COMMISSIONER.
   5.  ANY  PREVENTION  PROFESSIONAL SEEKING CERTIFICATION AS A QUALIFIED
 VIOLENCE PREVENTION PROFESSIONAL SHALL:
   (A) COMPLETE AT LEAST SIX MONTHS OF FULL-TIME EQUIVALENT EXPERIENCE IN
 PROVIDING COMMUNITY VIOLENCE PREVENTION SERVICES  OR  YOUTH  DEVELOPMENT
 SERVICES  THROUGH EMPLOYMENT, VOLUNTEER WORK OR AS PART OF AN INTERNSHIP
 EXPERIENCE;
   (B) COMPLETE A TRAINING AND  CERTIFICATION  PROGRAM  APPROVED  BY  THE
 DEPARTMENT  OF  HEALTH  FOR QUALIFIED VIOLENCE PREVENTION PROFESSIONALS,
 APPROVED IN ACCORDANCE WITH SUBDIVISION  SIX  OF  THIS  SECTION,  OR  BE
 CERTIFIED  AS  A VIOLENCE PREVENTION PROFESSIONAL BY THE HEALTH ALLIANCE
 FOR VIOLENCE INTERVENTION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION;
   (C) COMPLETE ANNUALLY AT LEAST FOUR  HOURS  OF  CONTINUING  EDUCATION,
 OFFERED  BY  THE  HEALTH ALLIANCE FOR VIOLENCE INTERVENTION OR ANY OTHER
 PROVIDER APPROVED BY THE COMMISSIONER, IN CONJUNCTION WITH  THE  COMMIS-
 SIONER  OF  HEALTH,  IN  THE  FIELD  OF  COMMUNITY  VIOLENCE  PREVENTION
 SERVICES;
   (D) COMPLETE PREVENTION PROFESSIONALS TRAINING FOR THE  POPULATION  OF
 PATIENTS WITH WHOM THEY WORK; AND
   (E) SATISFY ANY OTHER REQUIREMENTS ESTABLISHED BY THE COMMISSIONER, IN
 CONJUNCTION  WITH  THE  COMMISSIONER  OF  HEALTH, FOR CERTIFICATION AS A
 QUALIFIED VIOLENCE PREVENTION PROFESSIONAL.
   6. WITHIN NINETY DAYS OF THE  EFFECTIVE  DATE  OF  THIS  SECTION,  THE
 DEPARTMENT  OF HEALTH SHALL APPROVE AT LEAST ONE GOVERNMENTAL OR NONGOV-
 A. 2893                             3
 
 ERNMENTAL  ACCREDITING  BODY  WITH  EXPERTISE  IN   COMMUNITY   VIOLENCE
 PREVENTION  SERVICES  TO  REVIEW  AND APPROVE TRAINING AND CERTIFICATION
 PROGRAMS FOR QUALIFIED VIOLENCE PREVENTION PROFESSIONALS. THE  ACCREDIT-
 ING  BODY  SHALL  APPROVE  PROGRAMS  THAT  SUCH  BODY DETERMINES, IN ITS
 DISCRETION, WILL ADEQUATELY PREPARE  INDIVIDUALS  TO  PROVIDE  COMMUNITY
 VIOLENCE PREVENTION SERVICES TO INDIVIDUALS WHO ARE VICTIMS OF COMMUNITY
 VIOLENCE.    SUCH  PROGRAMS  SHALL INCLUDE AT LEAST THIRTY-FIVE HOURS OF
 TRAINING, COLLECTIVELY ADDRESSING ALL OF THE FOLLOWING:
   (A) THE PROFOUND EFFECTS OF TRAUMA AND  VIOLENCE  AND  THE  BASICS  OF
 TRAUMA-INFORMED CARE; AND
   (B)  COMMUNITY  VIOLENCE  PREVENTION  STRATEGIES,  INCLUDING,  BUT NOT
 LIMITED TO, CONFLICT MEDIATION AND  RETALIATION  PREVENTION  RELATED  TO
 COMMUNITY  VIOLENCE; CASE MANAGEMENT AND ADVOCACY PRACTICES; AND PATIENT
 PRIVACY AND THE FEDERAL HEALTH INSURANCE PORTABILITY AND  ACCOUNTABILITY
 ACT OF 1996, P.L. 104-191, AS AMENDED FROM TIME TO TIME, (HIPAA).
   7.  ANY  ENTITY  THAT  EMPLOYS  OR CONTRACTS WITH A QUALIFIED VIOLENCE
 PREVENTION  PROFESSIONAL  TO  PROVIDE  COMMUNITY   VIOLENCE   PREVENTION
 SERVICES SHALL:
   (A)  MAINTAIN  DOCUMENTATION  THAT  THE  QUALIFIED VIOLENCE PREVENTION
 PROFESSIONAL HAS MET ALL OF THE CONDITIONS DESCRIBED IN SUBDIVISION  SIX
 OF THIS SECTION; AND
   (B)  ENSURE  THAT  THE  QUALIFIED  VIOLENCE PREVENTION PROFESSIONAL IS
 PROVIDING COMMUNITY VIOLENCE PREVENTION SERVICES IN COMPLIANCE WITH  ANY
 APPLICABLE  STANDARDS  OF  CARE, RULES, REGULATIONS AND GOVERNING LAW OF
 THE STATE OR FEDERAL GOVERNMENT.
   8. NOTHING IN THIS SECTION SHALL ALTER THE SCOPE OF PRACTICE  FOR  ANY
 HEALTH  CARE  PROFESSIONAL  OR  AUTHORIZE  THE  DELIVERY  OF HEALTH CARE
 SERVICES IN A SETTING OR IN A MANNER THAT IS NOT CURRENTLY AUTHORIZED.
   9. THIS SECTION SHALL BE IMPLEMENTED ONLY TO THE EXTENT  THAT  FEDERAL
 FINANCIAL   PARTICIPATION   IS  AVAILABLE,  AND  ANY  NECESSARY  FEDERAL
 APPROVALS HAVE BEEN OBTAINED.
   § 2. This act shall take effect immediately.