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
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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.