S T A T E O F N E W Y O R K
________________________________________________________________________
8437--A
2023-2024 Regular Sessions
I N A S S E M B L Y
December 29, 2023
___________
Introduced by M. of A. HEVESI, JEAN-PIERRE, SHIMSKY, LEVENBERG, LUNS-
FORD, CRUZ, PAULIN, SIMONE, O'DONNELL, DAVILA -- read once and
referred to the Committee on Ways and Means -- recommitted to the
Committee on Ways and Means in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend part DD of chapter 57 of the laws of 2023 establishing a
cost of living adjustment for designated human services programs, in
relation to programs that are eligible for a cost of living adjustment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of part DD of chapter 57 of the laws of 2023
establishing a cost of living adjustment for designated human services
programs is amended to read as follows:
Section 1. 1. Subject to available appropriations and approval of the
director of the budget, the commissioners of the office of mental
health, office for people with developmental disabilities, office of
addiction services and supports, office of temporary and disability
assistance, office of children and family services, [and] the state
office for the aging, THE STATE EDUCATION DEPARTMENT, THE DEPARTMENT OF
HEALTH, AND THE DIRECTOR OF THE OFFICE OF VICTIM SERVICES, shall estab-
lish a state fiscal year [2023-24] 2024-25 cost of living adjustment
(COLA), effective April 1, [2023] 2024, for projecting for the effects
of inflation upon rates of payments, contracts, or any other form of
reimbursement for the programs and services listed in paragraphs (i),
(ii), (iii), (iv), (v), [and] (vi), (VII), (VIII), AND (IX) of subdivi-
sion four of this section, AND ANY STATE-FUNDED HUMAN SERVICES PROGRAMS.
The COLA established herein shall be applied to the appropriate portion
of reimbursable costs or contract amounts. Where appropriate, transfers
to the department of health (DOH) shall be made as reimbursement for the
state share of medical assistance.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13740-04-4
A. 8437--A 2
2. Notwithstanding any inconsistent provision of law, subject to the
approval of the director of the budget and available appropriations
therefore, for the period of April 1, [2023] 2024 through March 31,
[2024] 2025, the commissioners AND DIRECTORS shall provide funding to
support a four percent (4.0%) cost of living adjustment under this
section for all eligible programs and services as determined pursuant to
subdivision four of this section.
3. Notwithstanding any inconsistent provision of law, and as approved
by the director of the budget, the 4.0 percent cost of living adjustment
(COLA) established herein shall be inclusive of all other cost of living
type increases, inflation factors, or trend factors that are newly
applied effective April 1, [2023] 2024. Except for the 4.0 percent cost
of living adjustment (COLA) established herein, for the period commenc-
ing on April 1, [2023] 2024 and ending March 31, [2024] 2025 the commis-
sioners AND DIRECTORS shall not apply any other new cost of living
adjustments for the purpose of establishing rates of payments, contracts
or any other form of reimbursement. The phrase "all other cost of living
type increases, inflation factors, or trend factors" as defined in this
subdivision shall not include payments made pursuant to the American
Rescue Plan Act or other federal relief programs related to the Corona-
virus Disease 2019 (COVID-19) pandemic Public Health Emergency. This
subdivision shall not prevent the office of children and family services
from applying additional trend factors or staff retention factors to
eligible programs and services under paragraph (v) of subdivision four
of this section.
4. Eligible programs and services. (i) Programs and services funded,
licensed, or certified by the office of mental health (OMH) eligible for
the cost of living adjustment established herein, pending federal
approval where applicable, include: office of mental health licensed
outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of
the office of mental health regulations including clinic, continuing day
treatment, day treatment, intensive outpatient programs and partial
hospitalization; outreach; crisis residence; crisis stabilization,
crisis/respite beds; mobile crisis, part 590 comprehensive psychiatric
emergency program services; crisis intervention; home based crisis
intervention; family care; supported single room occupancy; supported
housing; supported housing community services; treatment congregate;
supported congregate; community residence - children and youth;
treatment/apartment; supported apartment; community residence single
room occupancy; on-site rehabilitation; employment programs; recreation;
respite care; transportation; psychosocial club; assertive community
treatment; case management; care coordination, including health home
plus services; local government unit administration; monitoring and
evaluation; children and youth vocational services; single point of
access; school-based mental health program; family support children and
youth; advocacy/support services; drop in centers; recovery centers;
transition management services; bridger; home and community based waiver
services; behavioral health waiver services authorized pursuant to the
section 1115 MRT waiver; self-help programs; consumer service dollars;
conference of local mental hygiene directors; multicultural initiative;
ongoing integrated supported employment services; supported education;
mentally ill/chemical abuse (MICA) network; personalized recovery
oriented services; children and family treatment and support services;
residential treatment facilities operating pursuant to part 584 of title
14-NYCRR; geriatric demonstration programs; community-based mental
A. 8437--A 3
health family treatment and support; coordinated children's service
initiative; homeless services; and promises zone.
(ii) Programs and services funded, licensed, or certified by the
office for people with developmental disabilities (OPWDD) eligible for
the cost of living adjustment established herein, pending federal
approval where applicable, include: local/unified services; chapter 620
services; voluntary operated community residential services; article 16
clinics; day treatment services; family support services; 100% day
training; epilepsy services; traumatic brain injury services; hepatitis
B services; independent practitioner services for individuals with
intellectual and/or developmental disabilities; crisis services for
individuals with intellectual and/or developmental disabilities; family
care residential habilitation; supervised residential habilitation;
supportive residential habilitation; respite; day habilitation; prevoca-
tional services; supported employment; community habilitation; interme-
diate care facility day and residential services; specialty hospital;
pathways to employment; intensive behavioral services; basic home and
community based services (HCBS) plan support; health home services
provided by care coordination organizations; community transition
services; family education and training; fiscal intermediary; support
broker; and personal resource accounts.
(iii) Programs and services funded, licensed, or certified by the
office of addiction services and supports (OASAS) eligible for the cost
of living adjustment established herein, pending federal approval where
applicable, include: medically supervised withdrawal services - residen-
tial; medically supervised withdrawal services - outpatient; medically
managed detoxification; medically monitored withdrawal; inpatient reha-
bilitation services; outpatient opioid treatment; residential opioid
treatment; KEEP units outpatient; residential opioid treatment to absti-
nence; problem gambling treatment; medically supervised outpatient;
outpatient rehabilitation; specialized services substance abuse
programs; home and community based waiver services pursuant to subdivi-
sion 9 of section 366 of the social services law; children and family
treatment and support services; continuum of care rental assistance case
management; NY/NY III post-treatment housing; NY/NY III housing for
persons at risk for homelessness; permanent supported housing; youth
clubhouse; recovery community centers; recovery community organizing
initiative; residential rehabilitation services for youth (RRSY); inten-
sive residential; community residential; supportive living; residential
services; job placement initiative; case management; family support
navigator; local government unit administration; peer engagement; voca-
tional rehabilitation; support services; HIV early intervention
services; dual diagnosis coordinator; problem gambling resource centers;
problem gambling prevention; prevention resource centers; primary
prevention services; other prevention services; [and] community
services; AND ADDICTION TREATMENT CENTERS.
(iv) Programs and services funded, licensed, or certified by the
office of temporary and disability assistance (OTDA) eligible for the
cost of living adjustment established herein, pending federal approval
where applicable, include: nutrition outreach and education program
(NOEP); COMMUNITY ACTION AGENCIES; NEW YORK STATE SUPPORTIVE HOUSING
PROGRAM; SOLUTIONS TO END HOMELESSNESS PROGRAM; AND STATE SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM OUTREACH PROGRAM.
(v) Programs and services funded, licensed, or certified by the office
of children and family services (OCFS) eligible for the cost of living
adjustment established herein, pending federal approval where applica-
A. 8437--A 4
ble, include: programs for which the office of children and family
services establishes maximum state aid rates pursuant to section 398-a
of the social services law and section 4003 of the education law; emer-
gency foster homes; foster family boarding homes and therapeutic foster
homes; supervised settings as defined by subdivision twenty-two of
section 371 of the social services law; adoptive parents receiving
adoption subsidy pursuant to section 453 of the social services law;
[and] congregate and scattered supportive housing programs and support-
ive services provided under the NY/NY III supportive housing agreement
to young adults leaving or having recently left foster care; ADVANTAGE
AFTER-SCHOOL PROGRAM; CHILD CARE RESOURCE AND REFERRAL AGENCIES; EMPIRE
STATE AFTER-SCHOOL PROGRAM; HEALTHY FAMILIES NEW YORK; MATERNAL, INFANT,
AND EARLY CHILDHOOD HOME VISITING INITIATIVE; NEW YORK STATE COMMISSION
FOR THE BLIND; RESIDENTIAL AND NON-RESIDENTIAL DOMESTIC VIOLENCE
SERVICES AND PREVENTATIVE SERVICES AS DEFINED BY SECTION 409 OF THE
SOCIAL SERVICES LAW.
(vi) Programs and services funded, licensed, or certified by the state
office for the aging (SOFA) eligible for the cost of living adjustment
established herein, pending federal approval where applicable, include:
community services for the elderly; expanded in-home services for the
elderly; [and] supplemental nutrition assistance program; NEW YORK
CONNECTS PROGRAM; LONG TERM OMBUDSMAN PROGRAM; MEDICAID TRANSPORTATION
PROGRAM; NATURALLY OCCURRING RETIREMENT COMMUNITIES (NORCS); NEIGHBOR-
HOOD NATURALLY OCCURRING RETIREMENT COMMUNITIES (NNORCS); AND SOCIAL
ADULT DAY SERVICES PROGRAM.
(VII) PROGRAMS AND SERVICES FUNDED, LICENSED, OR CERTIFIED BY THE
STATE EDUCATION DEPARTMENT ELIGIBLE FOR THE COST OF LIVING ADJUSTMENT
ESTABLISHED HEREIN, PENDING FEDERAL APPROVAL WHERE APPLICABLE, INCLUDE:
COMMUNITY SCHOOLS; ADULT LITERACY EDUCATION PROGRAMS; AND INDEPENDENT
LIVING CENTERS.
(VIII) PROGRAMS AND SERVICES FUNDED, LICENSED, OR CERTIFIED BY THE
OFFICE OF VICTIM SERVICES ELIGIBLE FOR THE COST OF LIVING ADJUSTMENT
ESTABLISHED HEREIN, PENDING FEDERAL APPROVAL WHERE APPLICABLE, INCLUDE:
CRIME VICTIM SERVICE PROGRAMS AS DEFINED BY SECTION 631-A OF THE EXECU-
TIVE LAW.
(IX) PROGRAMS AND SERVICES FUNDED, LICENSED, OR CERTIFIED BY THE
DEPARTMENT OF HEALTH ELIGIBLE FOR THE COST OF LIVING ADJUSTMENT ESTAB-
LISHED HEREIN, PENDING FEDERAL APPROVAL WHERE APPLICABLE, INCLUDE:
HEALTH HOME CARE MANAGEMENT AGENCIES AUTHORIZED UNDER SECTION 365-L OF
THE SOCIAL SERVICES LAW; AND RAPE CRISIS PROGRAMS.
5. ALL STATE-FUNDED HUMAN SERVICES PROGRAMS NOT LISTED IN PARAGRAPHS
(I), (II), (III), (IV), (V), (VI), (VII), (VIII), AND (IX) OF SUBDIVI-
SION FOUR OF THIS SECTION SHALL BE DEEMED ELIGIBLE FOR THE COST OF
LIVING ADJUSTMENT ESTABLISHED HEREIN, PENDING FEDERAL APPROVAL WHERE
APPLICABLE, IF SUCH PROGRAM OR SERVICE IS PROVIDED TO INDIVIDUALS OR
GROUPS OF INDIVIDUALS, FOR THE PURPOSE OF IMPROVING OR ENHANCING SUCH
INDIVIDUALS' HEALTH AND/OR WELFARE, BY ADDRESSING SOCIAL PROBLEMS. THE
COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES, THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE OFFICE
OF CHILDREN AND FAMILY SERVICES, THE STATE OFFICE FOR THE AGING, THE
STATE EDUCATION DEPARTMENT, THE DEPARTMENT OF HEALTH, AND THE DIRECTOR
OF THE OFFICE OF VICTIM SERVICES SHALL PUBLISH A LIST OF SUCH NEWLY
ELIGIBLE PROGRAMS AND SERVICES EACH YEAR ON DEPARTMENT WEBSITES NO LATER
THAN MARCH FIRST AND REVIEW THE CURRENT LIST OF COST OF LIVING ADJUST-
MENT ELIGIBLE PROGRAMS EVERY FIVE YEARS.Each local government unit or
A. 8437--A 5
direct contract provider receiving funding for the cost of living
adjustment established herein shall submit a written certification, in
such form and at such time as each commissioner OR DIRECTOR shall
prescribe, attesting how such funding will be or was used to first
promote the recruitment and retention of non-executive direct care
staff, non-executive direct support professionals, non-executive clin-
ical staff, or respond to other critical non-personal service costs
prior to supporting any salary increases or other compensation for exec-
utive level job titles.
6. Notwithstanding any inconsistent provision of law to the contrary,
agency commissioners AND DIRECTORS shall be authorized to recoup funding
from a local governmental unit or direct contract provider for the cost
of living adjustment established herein determined to have been used in
a manner inconsistent with the appropriation, or any other provision of
this section. Such agency commissioners OR DIRECTORS shall be authorized
to employ any legal mechanism to recoup such funds, including an offset
of other funds that are owed to such local governmental unit or direct
contract provider.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.