Senate Bill S5668

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5668
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the mental hygiene law, in relation  to  establishing  a
   direct support professional worker registry
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 13.43 of the mental hygiene law, as added by  chap-
 ter  209  of  the  laws  of  2018, is renumbered section 13.44 and a new
 section 13.45 is added to read as follows:
 § 13.45 DIRECT SUPPORT PROFESSIONAL WORKER REGISTRY.
   (A) AS USED IN THIS  SECTION,  THE  FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (1)  "PROVIDER" MEANS AN ENTITY OPERATING WITH A CERTIFICATE ISSUED BY
 THE COMMISSIONER PURSUANT TO SECTION 16.03 OF THIS TITLE.
   (2) "DIRECT SUPPORT PROFESSIONAL WORKER" OR "WORKER" MEANS ANY  PERSON
 ENGAGED  IN  OR  APPLYING  TO BECOME ENGAGED IN PROVIDING DIRECT SUPPORT
 PROFESSIONAL SERVICES, AS DEFINED BY THE OFFICE IN REGULATION.
   (3) "REGISTRY" MEANS THE DIRECT SUPPORT PROFESSIONAL WORKER REGISTRY.
   (4) "DIRECT SUPPORT PROFESSIONAL WORKER EDUCATION OR TRAINING PROGRAM"
 OR "PROGRAM" MEANS A PROGRAM THAT PROVIDES  EDUCATION  OR  TRAINING  FOR
 PERSONS  TO  MEET  ANY  REQUIREMENT ESTABLISHED BY THE OFFICE FOR DIRECT
 SUPPORT PROFESSIONAL WORKER SERVICES, WHICH IS APPROVED BY THE OFFICE.
   (5) "SELF-DIRECTION PROGRAM" MEANS THE SELF-DIRECTION  PROGRAM  IMPLE-
 MENTED  BY  THE OFFICE PURSUANT TO 42 CFR 441 SUBPART M OR ANY SUCCESSOR
 REGULATION.
   (B) THE OFFICE SHALL DEVELOP AND MAINTAIN  A  DIRECT  SUPPORT  PROFES-
 SIONAL  WORKER  REGISTRY  OF  PERSONS  WHO HAVE SUCCESSFULLY COMPLETED A
 DIRECT  SUPPORT  PROFESSIONAL  WORKER  EDUCATION  OR  TRAINING   PROGRAM
 APPROVED  BY THE COMMISSIONER OR THE ACCREDITING BODY OF OTHER STATES OR
 FEDERAL AUTHORITIES, INCLUDING THE MILITARY. INFORMATION IN THE REGISTRY
 SHALL BE ACCESSIBLE ON THE OFFICE'S WEBSITE BY  DIRECT  SUPPORT  PROFES-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10170-02-3
              

 S. 5668                             2
 
 SIONAL  WORKERS,  PERSONS  ENROLLED  IN  THE  SELF-DIRECTION PROGRAM AND
 PROVIDERS LICENSED, FUNDED, APPROVED AND/OR  CERTIFIED  BY  THE  OFFICE,
 SUBJECT TO SUBDIVISION (H) OF THIS SECTION.
   (C) UPON SUCCESSFUL COMPLETION OF A DIRECT SUPPORT PROFESSIONAL WORKER
 EDUCATION  OR TRAINING PROGRAM APPROVED BY THE COMMISSIONER, SUCH WORKER
 SHALL BE AUTOMATICALLY ENROLLED IN THE REGISTRY; PROVIDED, HOWEVER, THAT
 EVERY WORKER SHALL HAVE THE OPTION  TO  OPT-OUT  OF  ENROLLMENT  IN  THE
 REGISTRY  IN  A MANNER PRESCRIBED BY THE OFFICE. PROVIDED, FURTHER, THAT
 THE OFFICE, IN CONSULTATION WITH THE JUSTICE CENTER FOR  THE  PROTECTION
 OF  PEOPLE  WITH  SPECIAL NEEDS, SHALL DENY ENROLLMENT OF ANY WORKER WHO
 ENGAGED IN BEHAVIOR THAT CONSTITUTED ABUSE OR SERIOUS NEGLECT, AS  THOSE
 TERMS  ARE  DEFINED  IN  SECTION  16.34  OF  THIS TITLE, OF A PATIENT OR
 CONSUMER IN A PROGRAM LICENSED, OPERATED, OR CERTIFIED BY THE OFFICE.  A
 WORKER WHO IS ENROLLED IN THE REGISTRY SHALL BE NOTIFIED OF SUCH ENROLL-
 MENT  BY  REGISTERED  OR  CERTIFIED  MAIL  WITHIN THIRTY DAYS; PROVIDED,
 HOWEVER, THAT THE OFFICE MAY OFFER A PAPERLESS  ELECTRONIC  NOTIFICATION
 OPTION TO A WORKER WHO SUCCESSFULLY COMPLETES AN APPROVED DIRECT SUPPORT
 PROFESSIONAL WORKER EDUCATION OR TRAINING PROGRAM.
   (D)  NO  CHARGES  OR FEES SHALL BE IMPOSED ON A DIRECT SUPPORT PROFES-
 SIONAL WORKER FOR ANY COSTS FOR REGISTRATION  IN  OR  REMOVAL  FROM  THE
 REGISTRY.
   (E)  THE  REGISTRY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
 INFORMATION CONCERNING EACH PERSON  WHO  HAS  SUCCESSFULLY  COMPLETED  A
 DIRECT SUPPORT PROFESSIONAL WORKER TRAINING PROGRAM AND WHO HAS ENROLLED
 TO BE INCLUDED IN THE REGISTRY:
   (1) FULL NAME;
   (2) HOME ADDRESS, AT THE TIME OF SUBMISSION;
   (3) GENDER;
   (4) DATE OF BIRTH;
   (5) CONTACT INFORMATION;
   (6)  THE  NAME  OF  EACH  STATE-APPROVED EDUCATION OR TRAINING PROGRAM
 SUCCESSFULLY COMPLETED, THE NAME OF THE ENTITY  PROVIDING  THE  PROGRAM,
 AND THE DATE ON WHICH SUCH PROGRAM WAS COMPLETED; AND
   (7)  HISTORY  OF  WORK IN DIRECT SUPPORT PROFESSIONAL SERVICES THROUGH
 ANY PROVIDER ENTITY, INCLUDING DATES OF  EMPLOYMENT  AND  NAME  OF  SUCH
 ENTITY PROVIDING THE EMPLOYMENT.
   (F)  THE  REGISTRY SHALL INCLUDE A COMPREHENSIVE LIST OF ALL STATE-AP-
 PROVED  DIRECT  SUPPORT  PROFESSIONAL  WORKER  EDUCATION   OR   TRAINING
 PROGRAMS.  THE LIST SHALL BE UPDATED AT LEAST MONTHLY BY THE OFFICE. THE
 OFFICE SHALL PROMPTLY SUBMIT UPDATED INFORMATION WHENEVER SUCH  INFORMA-
 TION CHANGES.
   (G)  THE  OFFICE  SHALL  MAKE  THE  CONTACT  DETAILS OF DIRECT SUPPORT
 PROFESSIONAL EDUCATION OR  TRAINING  PROGRAMS  APPROVED  BY  THE  OFFICE
 AVAILABLE ON THE OFFICE'S WEBSITE AND READILY ACCESSIBLE BY THE PUBLIC.
   (H)  (1) A DIRECT SUPPORT PROFESSIONAL WORKER MAY ACCESS OR OBTAIN ANY
 INFORMATION IN THE WORKER'S OWN LISTING IN THE REGISTRY.
   (2) A PROVIDER ENTITY MAY SUBMIT A REQUEST, ON A  FORM  PRESCRIBED  BY
 THE OFFICE, TO ACCESS OR OBTAIN ANY INFORMATION IN THE REGISTRY RELATING
 TO  ANY  PERSON A PROVIDER ENTITY EMPLOYS OR IS CONSIDERING EMPLOYING TO
 PROVIDE DIRECT SUPPORT PROFESSIONAL SERVICES, PROVIDED, HOWEVER, THAT  A
 PROVIDER ENTITY SHALL PRESENT CLEAR EVIDENCE OF CONSIDERATION OF EMPLOY-
 MENT OR CURRENT EMPLOYMENT OF SUCH PERSON IN SUCH FORM PRESCRIBED BY THE
 OFFICE, PROVIDED, FURTHER, THAT THE COMMISSIONER MAY DENY SUCH ACCESS TO
 THE REGISTRY UPON A DETERMINATION BY THE COMMISSIONER THAT SUCH PROVIDER
 ENTITY IS MALICIOUSLY ACCESSING THE REGISTRY.
 S. 5668                             3
 
   (3)  AN  INDIVIDUAL ENROLLED IN A SELF-DIRECTION PROGRAM MAY ACCESS OR
 OBTAIN ANY INFORMATION IN THE REGISTRY RELATING TO ANY PERSON  AN  INDI-
 VIDUAL  IN SELF-DIRECTION EMPLOYS OR IS CONSIDERING EMPLOYING TO PROVIDE
 DIRECT SUPPORT PROFESSIONAL SERVICES.
   (4)  THE  OFFICE  SHALL INCLUDE SECURITY MECHANISMS IN THE REGISTRY TO
 IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION AND TO MAINTAIN A RECORD OF
 ACCESSING OR OBTAINING INFORMATION FROM THE REGISTRY BY  EVERY  PROVIDER
 ENTITY.
   (I) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REASONABLY
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   §  2.  This act shall take effect June 1, 2024. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.