§ 16.35 Developmental disabilities services quality improvement

demonstration program.

(a) For purposes of this section "facility" means any not-for-profit
or public agency regulated by the office that provides services funded
in whole or in part by the state.

(b) Notwithstanding any law, rule or regulation to the contrary, the
commissioner shall, within amounts appropriated, including federal
financial participation if available, establish a demonstration program
to improve the quality of care for facility clients through the increase
or improvement of direct care staff at such facilities. In furtherance
of such demonstration program for facilities selected through a
competitive process, rates of payment or state aid shall be adjusted
accordingly. Requests for proposals for eligible projects shall be
issued by the commissioner.

(c) Such eligible projects shall be designated by the commissioner and
may include:

(1) an increase in direct care staff, either facility wide or targeted
at a particular area of care or shift;

(2) increased training and education of direct care staff, including
allowing direct care staff to increase their level of licensure or
certification relevant to facility care;

(3) efforts to decrease staff turn-over through wage, employee benefit
improvements, or other means; and

(4) other efforts related to the recruitment and retention of direct
care staff that will effect the quality of care at such facility.

(d) The commissioner shall consider, in selecting projects, the
likelihood that such project will improve the care for the residents of
the facility, the financial need of the facility and such other matters
as the commissioner deems appropriate.

(e) Adjustments to rates of payment or state aid made pursuant to this
section shall be subject to available appropriations and shall not, in
aggregate, exceed five million dollars annually. The program shall
commence on April first, two thousand seven and end on March
thirty-first, two thousand ten.

(f) On or before June thirtieth, two thousand ten, the commissioner
shall contract with an independent consultant to evaluate and report to
the commissioner, the speaker of the assembly and the temporary
president of the senate on the impact that the demonstration project has
had upon direct care staff recruitment, retention and quality of
services provided.