NY State Senate Bill 2023-S580

Current Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 17, 2023	signed chap.531
Oct 13, 2023	delivered to governor
Jun 10, 2023	returned to senate passed assembly
Jun 09, 2023	ordered to third reading rules cal.750 substituted for a2893a
May 30, 2023	referred to ways and means delivered to assembly passed senate
May 22, 2023	ordered to third reading cal.1068 committee discharged and committed to rules
May 18, 2023	print number 580a
May 18, 2023	amend and recommit to finance
Jan 31, 2023	reported and committed to finance
Jan 05, 2023	referred to health

Votes

- May 30, 2023 - Floor Vote
  S580
  
  57
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 30, 2023
      
      aye (57)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      Oberacker
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      nay (4)
      
      Borrello
      
      Helming
      
      O'Mara
      
      Ortt
      
      excused (2)
      
      Cooney
      
      Weik
  May 22, 2023 - Rules Committee Vote
  S580
  
  14
  
  Aye
  
  1
  
  Nay
  
  6
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 22, 2023
      
      aye (14)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      nay (1)
      
      Ortt
      
      aye wr (6)
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      O'Mara
      
      Stec
  Jan 31, 2023 - Health Committee Vote
  S580
  
  10
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jan 31, 2023
      
      aye (10)
      
      Brouk
      
      Felder
      
      Hoylman-Sigal
      
      Mannion
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      Thomas
      
      Webb
      
      aye wr (5)
      
      Ashby
      
      Gallivan
      
      Martins
      
      Rhoads
      
      Stec

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2023-S580 - Details

See Assembly Version of this Bill:: A2893
Law Section:: Social Services Law
Laws Affected:: Add §367-x, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S9539

2023-S580 - Summary

Makes community violence prevention services available, to the extent permitted by federal law, to any Medicaid beneficiary who has received medical treatment for an injury sustained as a result of an act of community violence and has 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.

2023-S580 - Sponsor Memo

                                 
BILL NUMBER: S580

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the social services law, in relation to the provision of
and payment for violence prevention programs

 
PURPOSE:

To allow Medicaid reimbursement for violence prevention programs

 
SUMMARY OF PROVISIONS:

Section one adds a new section 367-x to the social services law:

- Defines community violence, community violence prevention services,
prevention professional and qualified violence prevention professional

- Directs the commissioner in conjunction with the commissioner of
health to amend the state Medicaid plan to provide coverage for communi-
ty violence prevention services for beneficiaries who have:

1. been exposed to community violence (i.e., an intentional act of
interpersonal violence committed by someone not intimately related to
the victim) or a personal history of injury sustained as a result of an
act of community violence; and

2. been referred by a certified or licensed health care or social
services provider to receive these services from a "qualified violence
prevention professional" after the provider determined the beneficiary
is at a higher risk of retaliation or a violent injury from another act
of community violence.

- The commissioner in conjunction with the commissioner of health and
consultation with the Health Alliance for Violence Intervention and
local community-based and hospital-based violence prevention programs
shall issue guidance on the use of community violence prevention
services for beneficiaries, establish limits on the number and value of
incentive determine the maximum allowable rates.

- Any prevention professional seeking certification as a qualified
violence prevention professional shall complete six months of full-time
experience in community violence prevention or youth development
services, complete an accredited training and certification program,
annually complete at least four hours of continuing education.

- Withing ninety days of the effective date, the department of health
shall approve at least one governmental or nongovernmental accrediting
body to review and approve training and certification program.

Section two is the effective date: The act shall take effect immediate-
ly.

 
JUSTIFICATION:

As gun violence increases nationwide, disproportionately impacting
communities of color, New York must use every tool we have available to
keep our communities safe.  Hospital-based violence prevention is
incredibly successful: a study at the University of Maryland Medical
Center found that those with a history of violent injury are 45% more
likely to be readmitted with another such injury within five years. With
the addition of hospital-based violence intervention programs, reinjury
rate was reduced to 5%. An independent evaluation of New York City's
Cure

Violence community-based violence prevention program found that it led
to a 50% reduction in homicides and 63% reduction in shootings.
Violence is a public health issue that the state can help address by
allowing Medicaid reimbursement for violence prevention programs for
people who have received medical treatment of an injury sustained as a
result of community violence or is at elevated risk of a violent injury
from another act of community violence. We cannot just treat the injury;
we must prevent future violence from occurring. Just like other forms of
healthcare, violence victims deserve follow up care and intervention.

 
LEGISLATIVE HISTORY:

S.9539 of 2021-2022 (Hoylman): Died in Rules

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S580 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    580
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed 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

 S. 580                              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-
 S. 580                              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.

co-Sponsors

View additional co-sponsors

2023-S580A (ACTIVE) - Details

See Assembly Version of this Bill:: A2893
Law Section:: Social Services Law
Laws Affected:: Add §367-x, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S9539

2023-S580A (ACTIVE) - Summary

2023-S580A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S580A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the social services law, in relation to the provision of
and payment for violence prevention programs

 
PURPOSE:

To allow Medicaid reimbursement for violence prevention programs  
SUMMA-
RY OF PROVISIONS:

Section one adds a new section 367-x to the social services law:

- Defines community violence, community violence prevention services,
prevention professional and qualified violence prevention professional

-Directs the commissioner in conjunction with the commissioner of health
to amend the state Medicaid plan to provide coverage for community
violence prevention services for beneficiaries who have:

1. been exposed to community violence (i.e., an intentional act of
interpersonal violence committed by someone not intimately related to
the victim) or a personal history of injury sustained as a result of an
act of community violence; and

2. been referred by a certified or licensed health care or social
services provider to receive these services from a "qualified violence
prevention professional" after the provider determined the beneficiary
is at a higher risk of retaliation or a violent injury from another act
of community violence.

- The commissioner in conjunction with the commissioner of health and
consultation with the Health Alliance for Violence Intervention and
local community-based and hospital-based violence prevention programs
shall issue guidance on the use of community violence prevention
services for beneficiaries, establish limits on the number and value of
incentive determine the maximum allowable rates.

- Any prevention professional seeking certification as a qualified
violence prevention professional shall complete six months of full-time
experience in community violence prevention or youth development
services, complete an accredited training and certification program,
annually complete at least four hours of continuing education.

- Withing ninety days of the effective date, the department of health
shall approve at least one governmental or nongovernmental accrediting
body to review and approve training and certification program.

- Any entity that employs or contracts with a qualified violence
prevention professional to provide community violence prevention
services shall maintain documentation that demonstrates compliance with
subdivision 6 of this statute and ensure that violence prevention
professionals adhere to applicable standards of care.

Section 2 is the effective date: The act shall take effect immediately.

 
JUSTIFICATION:
As gun violence increases nationwide, disproportionately impacting
communities of color, New York must use every tool we have available to
keep our communities safe. Hospital-based violence prevention is incred-
ibly successful: a study at the University of Maryland Medical Center
found that those with a history of violent injury are 45% more likely to
be readmitted with another such injury within five years. With the addi-
tion of hospital-based violence intervention programs, reinjury rate was
reduced to 5%. An independent evaluation of New York City's Cure
Violence community-based violence prevention program found that it led
to a 50% reduction in homicides and 63% reduction in shootings.

Violence is a public health issue that the state can help address by
allowing Medicaid reimbursement for violence prevention programs for
people who have received medical treatment of an injury sustained as a
result of community violence or is at elevated risk of a violent injury
from another act of community violence. We cannot just treat the injury;
we must prevent future violence from occurring. Just like other forms of
healthcare, violence victims deserve follow up care and intervention.

 
LEGISLATIVE HISTORY:

S.9539 of 2021-2022 (Hoylman): Died in Rules

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S580A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  580--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens. HOYLMAN-SIGAL, CLEARE, FERNANDEZ, KAVANAGH, MYRIE,
   SALAZAR, SKOUFIS -- read twice and ordered printed, and  when  printed
   to  be committed to the Committee on Health -- reported favorably from
   said committee and committed to the Committee on Finance --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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 PROFESSIONAL
 FOR THE PURPOSE OF PROMOTING IMPROVED HEALTH OUTCOMES, TRAUMA  RECOVERY,
 AND  POSITIVE BEHAVIORAL CHANGE, PREVENTING INJURY RECIDIVISM AND REDUC-
 ING 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 COUN-
 SELING,  MENTORSHIP,  CONFLICT  MEDIATION, CRISIS INTERVENTION, TARGETED
 CASE MANAGEMENT, REFERRALS TO CERTIFIED OR LICENSED HEALTH CARE  PROFES-
 SIONALS  OR  SOCIAL  SERVICES  PROVIDERS, CASE MANAGEMENT, COMMUNITY AND
 SCHOOL SUPPORT SERVICES, PATIENT  EDUCATION  OR  SCREENING  SERVICES  TO
 VICTIMS OF COMMUNITY VIOLENCE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02654-03-3
 S. 580--A                           2

 
   (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
 RISK OF RELAPSE, INJURY, OR RE-INJURY OF THE PATIENT.
   (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 SHALL APPLY TO THE FEDERAL GOVERNMENT FOR  APPROVAL  OF  AN
 AMENDMENT  TO  THE  MEDICAID  STATE  PLAN  TO  MAKE  COMMUNITY  VIOLENCE
 PREVENTION SERVICES AVAILABLE, TO THE EXTENT PERMITTED BY  FEDERAL  LAW,
 TO ANY MEDICAID 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  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. ONCE FEDERAL APPROVAL HAS  BEEN  APPPLIED  FOR,  THE  COMMISSIONER,
 SHALL,  IN  CONSULTATION  WITH  VIOLENCE  INTERVENTION ORGANIZATIONS 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,  BY  A
 PROVIDER APPROVED BY THE COMMISSIONER;
   (C)  COMPLETE ANNUALLY AT LEAST FOUR HOURS OF CONTINUING EDUCATION, BY
 A PROVIDER APPROVED BY THE  COMMISSIONER,  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,
 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-
 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-
 S. 580--A                           3
 
 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.

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Senate Bill S580

Sponsored By

Current Bill Status - Signed by Governor

May 30, 2023 - Floor Vote

Floor Vote: May 30, 2023

May 22, 2023 - Rules Committee Vote

Rules Committee Vote: May 22, 2023

Jan 31, 2023 - Health Committee Vote

Health Committee Vote: Jan 31, 2023

Bill Amendments

co-Sponsors

2023-S580 - Details

2023-S580 - Summary

2023-S580 - Sponsor Memo

2023-S580 - Bill Text download pdf

co-Sponsors

2023-S580A (ACTIVE) - Details

2023-S580A (ACTIVE) - Summary

2023-S580A (ACTIVE) - Sponsor Memo

2023-S580A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S580

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Sponsored By

Current Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2023-S580 - Details

2023-S580 - Summary

2023-S580 - Sponsor Memo

2023-S580 - Bill Text download pdf

co-Sponsors

2023-S580A (ACTIVE) - Details

2023-S580A (ACTIVE) - Summary

2023-S580A (ACTIVE) - Sponsor Memo

2023-S580A (ACTIVE) - Bill Text download pdf

Comments