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.