Public Hearing - February 13, 2023

                                                                       1

 1  BEFORE THE NEW YORK STATE SENATE FINANCE
    AND ASSEMBLY WAYS AND MEANS COMMITTEE
 2  --------------------------------------------------
    
 3           JOINT LEGISLATIVE HEARING
    
 4              In the Matter of the
           2023-2024 EXECUTIVE BUDGET ON
 5                HUMAN SERVICES
    
 6  ----------------------------------------------------
    
 7                              Hearing Room B
                                Legislative Office Building 
 8                              Albany, NY 
    
 9                              February 13, 2023
                                11:35 a.m.
10  
    PRESIDING:
11  
              Senator Liz Krueger
12            Chair, Senate Finance Committee
    
13            Assemblywoman Helene E. Weinstein
              Chair, Assembly Ways & Means Committee
14  
    PRESENT:
15  
              Senator Thomas F. O'Mara
16            Senate Finance Committee (RM)
    
17            Assemblyman Edward P. Ra
              Assembly Ways & Means Committee (RM)
18  
              Senator Jabari Brisport 
19            Chair, Senate Committee on Children
                and Families
20  
              Assemblywoman Maritza Davila
21            Chair, Assembly Committee on Social Services
    
22            Senator Roxanne Persaud
              Chair, Senate Committee on Social Services
23  
              Assemblyman Ron Kim
24            Chair, Assembly Committee on Aging
    

                                                                   2

 1  2023-2024 Executive Budget
    Human Services
 2  2-13-23
    
 3  PRESENT:  (Continued)
    
 4            Senator Cordell Cleare
              Chair, Senate Committee on Aging
 5  
              Assemblywoman Kimberly Jean-Pierre
 6            Chair, Assembly Committee on Veterans' Affairs 
    
 7            Senator Jessica Scarcella-Spanton
              Chair, Senate Committee on Veterans,
 8              Homeland Security and Military Affairs
    
 9            Assemblyman Khaleel M. Anderson
    
10            Senator John C. Liu
    
11            Assemblyman Eric M. Dilan
    
12            Assemblywoman Jennifer Lunsford
    
13            Senator Samra G. Brouk
    
14            Assemblywoman Yudelka Tapia
    
15            Senator Andrew Gounardes
    
16            Assemblywoman Grace Lee
    
17            Assemblyman William Conrad
    
18            Assemblywoman Jo Anne Simon
    
19            Senator Jake Ashby
    
20            Assemblyman Jeff Gallahan
    
21            Assemblywoman Taylor Darling
    
22            Assemblyman Brian Maher
    
23            Senator Dean Murray
    
24            Assemblyman Chris Eachus
    

                                                                   3

 1  2023-2024 Executive Budget
    Human Services
 2  2-13-23
    
 3  PRESENT:  (Continued)
    
 4            Assemblywoman Sarah Clark
    
 5            Senator Rob Rolison
    
 6            Assemblywoman Marcela Mitaynes
    
 7            Assemblyman Chris Burdick
    
 8            Assemblywoman Jessica González-Rojas
    
 9            Assemblywoman Karines Reyes
    
10            Senator Alexis Weik
    
11            Assemblywoman Phara Souffrant Forrest
    
12            Assemblyman Tony Simone
    
13            Assemblywoman Pamela J. Hunter
    
14            Assemblywoman Jenifer Rajkumar
    
15            Assemblyman Sam Pirozzolo
    
16            Assemblywoman Marjorie Byrnes
    
17            Senator Peter Oberacker
    
18            Assemblyman Juan Ardila
    
19            Assemblywoman Alicia Hyndman
    
20            Assemblyman Andy Goodell
    
21            Assemblyman Lester Chang
    
22            Senator Rachel May
    
23            Assemblyman Angelo J. Morinello
    
24  
    

                                                                   4

 1  2023-2024 Executive Budget
    Human Services
 2  2-13-2023
    
 3                     LIST OF SPEAKERS
    
 4                                         STATEMENT QUESTIONS
    
 5  Suzanne Miles-Gustave, Esq.
    Acting Commissioner
 6  NYS Office of Children 
     and Family Services                     
 7       -and-
    Daniel W. Tietz 
 8  Commissioner
    NYS Office of Temporary
 9   and Disability Assistance               13        31               
    
10  Greg Olsen 
    Acting Director 
11  NYS Office for the Aging                
         -and-
12  Rev. Viviana DeCohen 
    Director
13  NYS Division of Veterans'
     Services                               180       194
14  
    Meredith Chimento
15  Executive Director
    Early Care & Learning Council
16       -and-
    Steven Morales
17  NY Policy Director
    All Our Kin
18       -and-
    Krista Hesdorfer
19  Government Relations Manager
    Hunger Solutions New York
20       -and-
    Kate Ryan
21  Executive Director
    Adirondack Birth to Three Alliance
22       -and-
    Elizabeth Isakson, MD
23  Executive Director
    Docs for Tots
24   -on behalf of-
    Help Me Grow NYS                        296       315

                                                                   5

 1  2023-2024 Executive Budget
    Human Services
 2  2-13-2023
                       LIST OF SPEAKERS, Continued 
 3  
                                           STATEMENT  QUESTIONS
 4  Gail Myers
    Deputy Director
 5  NY StateWide Senior Action Council
         -and-
 6  Rebecca Preve
    Executive Director
 7  Association on Aging in New York
         -and-
 8  Kimberly George 
    President and CEO
 9  Project Guardianship
         -and-
10  Beth Finkel
    State Director 
11  AARP New York                           341       356
    
12  Trudy Morgan
    Policy Director
13  NYS Network for Youth Success
         -and-
14  Bonnie Landi
    Chair 
15  NYS YouthBuild Coalition
         -and-
16  William T. Gettman, Jr.
    CEO
17  Northern Rivers Family 
     of Services
18       -and-
    Timothy Hathaway
19  Executive Director
    Prevent Child Abuse New York
20       -and-
    Kathleen Brady-Stepien
21  President & CEO
    Council of Family and
22   Child Caring Agencies                  
         -and-
23  Nicole Bryl
    CEO
24  Children's Health Home of
     Upstate New York                       382       403

                                                                   6

 1  2023-2024 Executive Budget
    Human Services
 2  2-13-2023
    
 3                     LIST OF SPEAKERS, Continued 
    
 4                                         STATEMENT  QUESTIONS
    
 5  Joan Gerhardt
    Director of Public Policy
 6   and advocacy
    New York State Coalition Against
 7   Domestic Violence
         -and-
 8  Emilia Sicilia
    Managing Attorney
 9  Empire Justice Center                
         -and-
10  Dede Hill
    Director of Policy 
11  Schuyler Center for
     Analysis & Advocacy
12       -and-
    MJ Okma
13  Senior Manager of Advocacy and
     Government Relations
14  SAGE-Advocacy & Services for
     LGBTQ+ Elders                          
15       -and-
    Stephen Piasecki
16  Upstate Coordinator
    Supportive Housing Network
17   of New York
         -and-
18  Melinda Mack
    Executive Director
19  New York Association of
     Training and Employment             414       433
20  
    
21  
    
22

23

24


                                                                   7

 1  2023-2024 Executive Budget
    Human Services
 2  2-13-23
    
 3                     LIST OF SPEAKERS, Continued 
    
 4                                         STATEMENT  QUESTIONS
    
 5  Gavin T. Walters Sr.  
    NYS Dwyer Coalition Facilitator 
 6  Hudson Valley National Center
     for Veteran Reintegrating
 7       -and-
    Kirby Hannan
 8  Board Member
    New York State Council of 
 9   Veteran Organizations                  459       467
    
10  
    
11  
    
12

13

14

15

16

17

18

19

20

21

22

23

24


                                                                   8

 1                  CHAIRWOMAN WEINSTEIN:  Good morning.  

 2                  I am Helene Weinstein, chair of the 

 3           New York State Assembly's Ways and Means 

 4           Committee and cochair of today's hearing.  

 5                  Today we begin the sixth in a series 

 6           of hearings conducted by the joint fiscal 

 7           committees of the Legislature regarding the 

 8           Governor's proposed budget for 2023-'24.  The 

 9           hearings are conducted pursuant to the 

10           New York State Constitution and the 

11           Legislative Law.

12                  And today the Assembly Ways and Means 

13           Committee and the Senate Finance Committee 

14           will hear testimony concerning the Governor's 

15           budget proposal for human services.  

16                  I'll now introduce the members who are 

17           here from the -- in the majority in the 

18           Assembly, and then Senator Krueger, chair of 

19           the Senate Finance Committee, will introduce 

20           her colleagues.  And then our ranking members 

21           will introduce their colleagues.

22                  So first we have the chair of our 

23           Social Services Committee, Assemblywoman 

24           Maritza Davila.  We have Assemblyman Conrad, 


                                                                   9

 1           Assemblywoman Lee, Assemblywoman Lunsford, 

 2           Assemblywoman Simon.  

 3                  And I just wanted to mention that some 

 4           of our -- that Assemblyman Hevesi 

 5           unfortunately -- chair of our Children and 

 6           Families Committee -- couldn't be here today.  

 7                  We have Assemblywoman Clark with us.  

 8                  Senator Krueger?

 9                  CHAIRWOMAN KRUEGER:  Thank you very 

10           much.  

11                  Good morning.  We are joined by 

12           Senator Jabari Brisport, Roxanne Persaud, 

13           John Liu.  

14                  Senator O'Mara, from the Republican 

15           rankers side, is running a little late, but 

16           we are joined also by Senator Murray, 

17           Senator Weik, Senator Ashby, and 

18           Senator Rolison.

19                  CHAIRWOMAN WEINSTEIN:  Assemblyman Ra, 

20           if you can introduce your colleagues.

21                  ASSEMBLYMAN RA:  Yes, good morning.  

22                  We are joined by Assemblyman Gallahan; 

23           Assemblywoman Byrnes, our ranker on Children 

24           and Families; and Assemblyman Maher, our 


                                                                   10

 1           ranker on Social Services.

 2                  CHAIRWOMAN WEINSTEIN:  Thank you.  

 3                  I just want to -- so we have 

 4           Assemblywoman Darling, who's joined us.  And 

 5           I do think -- oh, sorry, and 

 6           Assemblyman Eachus, who's joined us.

 7                  And with that, let me go over the 

 8           ground rules for today.  For both witnesses 

 9           and members, I just want to mention the time 

10           clocks and the times.  That's -- well, 

11           actually for the governmental witnesses, let 

12           me start there, you'll each have your panel, 

13           but you each have 10 minutes to make your 

14           presentations.  And after both of you have 

15           concluded, we will then have questions from 

16           the respective members of both houses.  

17                  Nongovernmental witnesses, many of 

18           whom are I believe sitting here will have 

19           three minutes to make their presentation.  

20           And I believe everyone will be in a panel.  

21           Each member of the panel gets three minutes, 

22           and then members will have an opportunity to 

23           ask questions.

24                  In terms of the legislators, in terms 


                                                                   11

 1           of asking questions of the governmental 

 2           witnesses, they're 10 minutes for the 

 3           chair -- that's 10 minutes for the panel, not 

 4           each individual witness.  For the rankers of 

 5           those -- of the respective committees, it's 

 6           five minutes to ask questions and answers.  

 7           All other -- and the chairs do get a second 

 8           round of three minutes if they need it.

 9                  All other members, it's three minutes 

10           to ask questions.  And when I say ask 

11           questions, it's questions and to get the 

12           answer.

13                  Senator Krueger and I have needed to 

14           have a gavel handy after we had an incident 

15           at our first -- at one of our early hearings.  

16           We've yet to have to use it.  And as Senator 

17           Krueger says, we haven't figured out if it's 

18           to bang the gavel on the table or to throw it 

19           at unruly individuals.

20                  CHAIRWOMAN KRUEGER:  Legislators, not 

21           the audience.

22                  CHAIRWOMAN WEINSTEIN:  Not the 

23           audience, yes.  The legislators.  

24                  So I just encourage my colleagues, 


                                                                   12

 1           don't make us have to make a decision on 

 2           that.

 3                  (Laughter.)

 4                  CHAIRWOMAN WEINSTEIN:  So with that, I 

 5           believe -- and I know there will be a number 

 6           of members coming and going.  We do ask the 

 7           members to please indicate, by the time the 

 8           governmental panel has finished making the 

 9           presentation, if you want to ask a question.  

10           Because otherwise we find that people come in 

11           an hour into it and start asking questions 

12           that have already been asked.

13                  So with that, I'd like to introduce 

14           our -- and welcome our first presenters for 

15           today, Suzanne Miles-Gustave, acting 

16           commissioner, New York State Office of 

17           Children and Families, and Daniel Tietz, 

18           New York State Office of Temporary and 

19           Disability Assistance.  

20                  So if -- Suzanne, if you can go first, 

21           and then we'll move on.  Thank you.

22                  Oh, and just before you go, I'm sorry, 

23           I just want to -- both -- for everyone 

24           listening, all of your testimony has been 


                                                                   13

 1           distributed and received by the members, so 

 2           please don't read your full testimony.  The 

 3           time goes much faster than people think it 

 4           does, and then we end up not hearing the meat 

 5           of what you want to present to us.

 6                  So thank you.

 7                  Senator Krueger, did you want to 

 8           introduce some colleagues?  

 9                  CHAIRWOMAN KRUEGER:  I do.  I just 

10           want to introduce Senator Cordell Cleare.  

11                  Did any other Senators sneak in?  I 

12           think that's it.  Thank you.  

13                  CHAIRWOMAN WEINSTEIN:  Thank you.  I'm 

14           sorry, Suzanne, if you can begin.

15                  ACTING COMMISSIONER MILES-GUSTAVE:  

16           Thank you.  Good morning, Chairs Krueger and 

17           Weinstein, and Children and Families 

18           Committee Chairs Brisport and Hevesi -- in 

19           his absence -- and distinguished members of 

20           the Senate and Assembly.  

21                  I am Suzanne Miles-Gustave, the acting 

22           commissioner of the New York State Office of 

23           Children and Family Services.  I appreciate 

24           this opportunity to present Governor Hochul's 


                                                                   14

 1           fiscal year 2024 budget and its potential to 

 2           enhance our mission -- a mission I know is 

 3           near and dear to each of you as well -- 

 4           ensuring all of New York's children, families 

 5           and communities are served and uplifted.

 6                  This year's Executive Budget makes 

 7           smart, responsible investments and provides 

 8           ongoing support for OCFS's core childcare, 

 9           child welfare, and juvenile justice 

10           programs while advancing a bold and ambitious 

11           agenda to make New York more affordable, more 

12           livable, and more equitable for all 

13           New Yorkers.

14                  The Governor's budget proposals 

15           thoughtfully weave investments in children 

16           and families into the fabric of the larger 

17           human services network, rebuilding New York's 

18           mental health care system and addressing the 

19           housing crisis.

20                  Never before in New York's history 

21           have we had a Governor with such a deep 

22           commitment to increasing access to quality, 

23           affordable childcare than Governor Hochul.  

24           From the moment she took office, it has been 


                                                                   15

 1           among the Governor's top priorities to build 

 2           the strong and equitable childcare system 

 3           that New Yorkers need and deserve.

 4                  Building on the extraordinary momentum 

 5           of last year's budget, this proposal 

 6           increases the state's commitment to childcare 

 7           assistance to an unprecedented 7.6 billion 

 8           over four years.  The budget would also 

 9           increase the income eligibility limits for 

10           childcare assistance to 85 percent of the 

11           state median income -- that's approximately 

12           93,000 per year for a family of four.  This 

13           is the maximum allowable by federal law and 

14           will make an estimated 113,000 children newly 

15           eligible for childcare assistance.  In total, 

16           the Executive Budget invests over 1 billion 

17           for the New York State Child Care Block 

18           Grant, an increase from year to year of 

19           $137.5 million.

20                  And we'll address the patchwork of 

21           standards across the state, ensuring that all 

22           of our most vulnerable families -- such as 

23           those who are unhoused or those who are 

24           caring for children in foster care or kinship 


                                                                   16

 1           care -- are provided the childcare assistance 

 2           they so desperately need.

 3                  There's no doubt we need this funding 

 4           to make childcare assistance available to 

 5           more families.  But we also know that less 

 6           than 10 percent of all eligible children 

 7           actually receive assistance.  Although there 

 8           are many reasons this might be the case, one 

 9           barrier is New York's cumbersome and 

10           antiquated application process, which makes 

11           it far too difficult for families to apply 

12           for assistance.  This year's budget includes 

13           important initiatives to streamline and 

14           centralize the childcare assistance 

15           application process.  

16                  First, we'll launch a statewide online 

17           solution that will allow families to 

18           pre-screen for eligibility and apply for 

19           assistance electronically.  

20                  Additionally, for families that 

21           already participate in other programs such as 

22           SNAP, HEAP, Medicaid and WIC, the budget 

23           proposes to eliminate the senseless and 

24           redundant requirement that these families 


                                                                   17

 1           also prove their income eligibility for 

 2           childcare assistance.  This will provide 

 3           easier access for an estimated 

 4           83,000 children and families that are already 

 5           eligible.

 6                  Last year we invested in a second 

 7           round of stabilization grants for providers, 

 8           with at least 75 percent of those funds 

 9           dedicated specifically to supporting the 

10           workforce.  This year the budget invests an 

11           additional 389 million for a third round of 

12           stabilization grants for workforce retention 

13           incentives.

14                  The budget also maintains last year's 

15           investment to support the increase in the 

16           market rate to the 80th percentile, among the 

17           highest in the nation -- which not only 

18           broadens childcare options for families but 

19           also dramatically increases payments to 

20           providers, by over 40 percent for some.  

21                  Building off of last year's successful 

22           $100 million childcare desert initiative, the 

23           Governor's budget also includes several 

24           proposals aimed at rebuilding the supply of 


                                                                   18

 1           childcare.  

 2                  First, New York Homes and Community 

 3           Renewal will give priority to applications 

 4           for its low-income housing tax credit that 

 5           incorporate space for childcare facilities.  

 6           On top of that, the budget proposes a 

 7           flexible statewide business income tax credit 

 8           for businesses that create or expand 

 9           childcare slots for their employees.

10                  The budget also provides 4.8 million 

11           to launch a new Employer-Supported Childcare 

12           Pilot Program in three regions of the state.  

13           Employers would contribute a third of the 

14           cost for low- and middle-income families, and 

15           the state will match it, reducing 

16           out-of-pocket costs for families who would 

17           not otherwise be eligible for childcare 

18           assistance.

19                  Finally, the budget invests $1 million 

20           in state dollars for a new business navigator 

21           program in each of the state's 10 Regional 

22           Economic Development Council regions, to help 

23           businesses identify childcare options for 

24           their employees.


                                                                   19

 1                  The Executive Budget also makes 

 2           important investments in New York's most 

 3           vulnerable children and families by investing 

 4           7 million for preventive and permanency 

 5           placement services for foster, adoptive and 

 6           kinship families.  The 2.5 percent COLA 

 7           that's included in this year's budget will 

 8           also benefit families and the voluntary 

 9           agencies who care for New York's children in 

10           foster care and adoptive parents. 

11                  The budget also increases the 

12           appropriation authority for child welfare 

13           payments, reinforcing the state's commitment 

14           to this landmark funding stream that provides 

15           an open-ended reimbursement for preventive 

16           services, child protective services, 

17           independent living services, after-care 

18           services, and adoption assistance.

19                  The budget includes 17 million to 

20           support voluntary foster care agencies that 

21           provide medically necessary care to children 

22           and youth placed in congregate settings and 

23           that are impacted by federal requirements 

24           related to Institutions for Mental Disease, 


                                                                   20

 1           or IMD.  For impacted voluntary foster care 

 2           agencies, this funding will support the 

 3           hiring of necessary staff, mitigate the loss 

 4           of federal Medicaid reimbursement, and allow 

 5           them to invest in additional programmatic 

 6           needs.

 7                  OCFS applauds Governor Hochul's 

 8           proposal to index the state's minimum wage to 

 9           inflation, which will provide a vital 

10           economic lifeline to New York's low-wage 

11           workers, who are disproportionately women and 

12           people of color, and many of whom work in 

13           human services.  

14                  We continue to face a daunting 

15           workforce crisis in careers that are critical 

16           to OCFS's mission.  The Governor's budget 

17           also includes 3.8 million to supplement 

18           state-funded contracts to mitigate the impact 

19           of the wage increase on struggling human 

20           services providers.

21                  Before I close and take your 

22           questions, I just wanted to take a moment to 

23           say that I'm thrilled to work in partnership 

24           with each of you to accomplish these very 


                                                                   21

 1           lofty goals.  It is my unwavering intention 

 2           that our services reflect the communities we 

 3           serve, that we hear the voices of children, 

 4           parents and providers, and that our work 

 5           promotes a safe, equitable and justice-driven 

 6           reality for all New Yorkers.  This is OCFS's 

 7           mission.  

 8                  In closing, this budget reflects our 

 9           commitment to the safety and permanency of 

10           New York's children and families and to 

11           uplifting all New Yorkers to a standard that 

12           reflects the dignity and humanity of us all.  

13           Thank you so much.

14                  CHAIRWOMAN KRUEGER:  Thank you.

15                  CHAIRWOMAN WEINSTEIN:  Yes.  Yes, you 

16           can go, and then we'll have questions.

17                  OTDA COMMISSIONER TIETZ:  Thank you.  

18                  Good morning, Chairpersons Krueger and 

19           Weinstein, Social Services Committee chairs 

20           Persaud and Davila, and the other members of 

21           the Senate and Assembly.  

22                  I'm Daniel W. Tietz, the commissioner 

23           of the Office of Temporary and Disability 

24           Assistance.  I welcome the opportunity to 


                                                                   22

 1           speak to you today about Governor Hochul's 

 2           2024 Executive Budget and its impact on the 

 3           important work our agency performs on behalf 

 4           of New Yorkers.  

 5                  OTDA supervises programs that provide 

 6           economic and other assistance and support to 

 7           eligible families and individuals.  This 

 8           includes helping New Yorkers living in or 

 9           near poverty meet their essential needs and 

10           ensuring their economic security by providing 

11           opportunities for stable employment, housing, 

12           and nutrition.  Our agency carries out this 

13           mission in cooperation with local social 

14           services districts and community-based 

15           service providers.  

16                  The Governor's budget maintains the 

17           essential funding of our agency's core 

18           programs, which serve the critical needs of 

19           millions of New Yorkers daily, while making 

20           targeted investments for areas of particular 

21           need.  

22                  Beyond what is proposed relevant to 

23           OTDA's work, Governor Hochul's proposed 

24           budget includes many important initiatives 


                                                                   23

 1           that will undoubtedly improve the lives of 

 2           the families and individuals our agency 

 3           serves.  The Governor's plan proposes 

 4           groundbreaking investments in mental health 

 5           care, childcare and housing, while focusing 

 6           on reducing and preventing gun violence and 

 7           helping workers meet increased costs for 

 8           household needs by indexing the minimum wage 

 9           to inflation.  

10                  Significantly, the Executive Budget 

11           includes $1 billion for OTDA to help New York 

12           City provide shelter and services to support 

13           asylum seekers who have been coming to New 

14           York in record numbers over the last year.  

15           This funding will help offset the costs 

16           incurred through New York City's shelter 

17           system and the Humanitarian Emergency 

18           Response and Relief Centers.  

19                  The Governor's historic New York 

20           Housing Compact, which aims to build 

21           800,000 new homes over the next decade, is a 

22           comprehensive and multifaceted approach to 

23           addressing the state's housing shortage.  

24                  On a related note, the budget 


                                                                   24

 1           continues the Governor's $25 billion, 

 2           five-year housing plan to create or preserve 

 3           100,000 affordable units, including 

 4           10,000 supportive housing units.  OTDA's --

 5                  (Protestors interrupt proceeding.)

 6                  (Off the record.)

 7                  CHAIRWOMAN WEINSTEIN:  Thank you all 

 8           for being here.  And I just want to remind 

 9           people, we've let you have a few moments to 

10           speak.  We've done that at prior hearings.  I 

11           want to remind people that you can submit 

12           written testimony.  It will be posted on our 

13           website, both the Assembly and the Senate, 

14           and it will be available for all members and 

15           all members of the public to be able to see 

16           that.

17                  So I would encourage those that are 

18           here and other members of your organization 

19           to do that, so that we have that information 

20           in writing available to all of us.

21                  UNIDENTIFIED PROTESTOR:  We appreciate 

22           that.

23                  CHAIRWOMAN WEINSTEIN:  Thank you for 

24           being --


                                                                   25

 1                  (Overtalk from protestors.)

 2                  CHAIRWOMAN WEINSTEIN:  Thank you for 

 3           being here.  Thank you for being here.

 4                  (Continued interruption.)

 5                  CHAIRWOMAN WEINSTEIN:  Thank you for 

 6           being here.  Thank you.  Please send in your 

 7           written comments --

 8                  (Continued loud chanting.)

 9                  CHAIRWOMAN WEINSTEIN:  So we will 

10           restart -- we will in a moment start up the 

11           clock now that everybody's woken up.

12                  (Laughter.)

13                  CHAIRWOMAN WEINSTEIN:  If we could 

14           start the -- are you okay just continuing?

15                  OTDA COMMISSIONER TIETZ:  Yup.

16                  CHAIRWOMAN WEINSTEIN:  Okay.  So if we 

17           can just restart the clock, please continue.

18                  OTDA COMMISSIONER TIETZ:  I just want 

19           to state my gratitude for the activism and 

20           the participation in democracy that we just 

21           witnessed. 

22                  On a related note --

23                  CHAIRWOMAN KRUEGER:  Pull the mic a 

24           little closer, Dan.


                                                                   26

 1                  OTDA COMMISSIONER TIETZ:  Sure.

 2                  I think I left off here.

 3                  On a related note, the budget 

 4           continues the Governor's $25 billion, 

 5           five-year housing plan to create or preserve 

 6           100,000 affordable units, including 

 7           10,000 supportive housing units.  OTDA's 

 8           Homeless Housing and Assistance Program, with 

 9           $128 million in the proposed budget, is a key 

10           part of this effort by funding capital 

11           projects that provide permanent supportive 

12           housing to families and individuals who have 

13           experienced homelessness.  

14                  HHAP also is the only state resource 

15           for the development of emergency shelters, 

16           which often play a critical role in 

17           communities' comprehensive homeless services 

18           system.  Supportive housing brings together 

19           permanent housing and tailored services 

20           necessary for individuals to achieve and 

21           maintain stable lives in the community.  The 

22           budget also includes increased funding to 

23           support these critical services and ongoing 

24           operation of permanent supportive housing.  


                                                                   27

 1                  The budget further proposes changes to 

 2           public assistance that will improve the 

 3           economic stability and outlook of recipients, 

 4           and increases access to education and 

 5           training opportunities, by ending the 

 6           requirement for education to be combined with 

 7           other activities after 12 months of 

 8           post-secondary education.  

 9                  Additionally, the budget authorizes 

10           the disregard of income a public assistance 

11           recipient receives from participating in a 

12           qualified work activity or training program, 

13           when calculating their monthly benefit.  It 

14           also provides for a one-time disregard of all 

15           of a public assistance recipient's earned 

16           income following job entry for a period of up 

17           to six consecutive months, provided that the 

18           recipient's total income does not exceed 200 

19           percent of the federal poverty level.  

20                  These amendments will help ease the 

21           effects of any benefits cliff by 

22           strengthening the recipient's financial 

23           footing when they become employed, before 

24           their household is no longer eligible for 


                                                                   28

 1           public assistance due to those earnings.  

 2                  Unfortunately, we've been seeing 

 3           instances here in New York, and nationwide, 

 4           of thieves using skimming devices to copy 

 5           Electronic Benefit Transfer or EBT card and 

 6           personal identification number information 

 7           from SNAP and public assistance recipients 

 8           and steal their benefits.  

 9                  In December, thanks to New York's 

10           congressional delegation, the federal 

11           government agreed to partially reimburse SNAP 

12           recipients whose benefits have been stolen.  

13           I'm pleased to say that the Executive Budget 

14           includes language that will allow the state 

15           to reimburse public assistance recipients who 

16           have been victimized as well.  

17                  This proposal will ensure that both 

18           SNAP and public assistance recipients can be 

19           reimbursed up to the lesser of the full 

20           amount stolen, or the amount of assistance 

21           provided during the two most recent months 

22           prior to their benefits being stolen.  

23                  The Governor is also committing 

24           $18 million in this coming year, growing to 


                                                                   29

 1           $37 million on an annual basis, to launch a 

 2           new Youth Opportunities Program that will 

 3           augment the Summer Youth Employment Program 

 4           during the school year, providing year-round 

 5           part-time employment to an estimated 

 6           2,500 youth.  This program will operate in 

 7           localities that have experienced high rates 

 8           of violent crime.  

 9                  Additionally, there's a $1 million 

10           increase for the Summer Youth Employment 

11           Program to $47.1 million, to accommodate the 

12           most recent minimum wage increase and ensure 

13           that the same number of youths can be served 

14           this year as last summer.  

15                  As you know, the application portal 

16           for the Emergency Rental Assistance Program, 

17           or ERAP, closed on January 20.  More than 

18           225,000 payments have been made on behalf of 

19           tenants to landlords, totaling more than 

20           $2.8 billion, and OTDA expects that we will 

21           fully utilize all available funds with the 

22           applications submitted through January 20.

23                  CHAIRWOMAN KRUEGER:  Dan, we're still 

24           having trouble hearing you.  Maybe another 


                                                                   30

 1           microphone (inaudible).

 2                  OTDA COMMISSIONER TIETZ:  I'll put 

 3           this right in my face, how about that.  

 4                  Where was I?  

 5                  This program has overwhelmingly 

 6           benefited some of our most vulnerable 

 7           communities, with nearly nine out of 

 8           10 payments made on behalf of households at 

 9           or below 50 percent of the area median 

10           income.  When all is said and done, ERAP will 

11           have provided more than $3 billion in federal 

12           and state funding to keep our fellow New 

13           Yorkers who suffered financially due to the 

14           pandemic in their homes when they were unable 

15           to pay their rent.  

16                  The Child Poverty Reduction Advisory 

17           Council, of which I'm a cochair, continues 

18           its work to develop a plan for reducing child 

19           poverty by 50 percent statewide over the next 

20           decade.  The council will have its third 

21           meeting in a few weeks, and I expect the pace 

22           of our work will increase moving forward.  

23                  I'm excited about the opportunity we 

24           have before us to meet this goal.  Poverty 


                                                                   31

 1           remains a reality for millions of 

 2           New Yorkers, but we know it is a problem that 

 3           we can solve.  

 4                  In closing, Governor Hochul's 

 5           Executive Budget outlines a bold agenda that 

 6           focuses on making New York State a more 

 7           affordable, livable, and safe place for all.  

 8           This plan includes sound investments and 

 9           forward-looking policy proposals that will 

10           benefit all New Yorkers.  

11                  We look forward to our continued 

12           partnership with the Legislature in the 

13           coming months.  Thank you again for the 

14           opportunity to testify, and I welcome your 

15           questions and comments. 

16                  CHAIRWOMAN WEINSTEIN:  Thank you.  

17                  Since the hearing began, we were 

18           joined by Kimberly Jean-Pierre, chair of our 

19           Veterans Committee; Assemblyman Kim, chairman 

20           of our Aging Committee; and Assemblyman 

21           Simone. 

22                  Did you want to introduce some people 

23           before we go to questions?

24                  CHAIRWOMAN KRUEGER:  Thank you.


                                                                   32

 1                  Senator O'Mara, the ranker on Finance.

 2                  CHAIRWOMAN WEINSTEIN:  And Assemblyman 

 3           Pirozzolo has joined us.

 4                  CHAIRWOMAN KRUEGER:  I'm sorry --

 5                  CHAIRWOMAN WEINSTEIN:  Go ahead.

 6                  CHAIRWOMAN KRUEGER:  Senator 

 7           Scanlon --

 8                  SENATOR SCARCELLA-SPANTON:  

 9           Scarcella-Spanton.

10                  CHAIRWOMAN KRUEGER:  Thank you so 

11           much.  I did it backwards and I got myself 

12           messed up.  Thank you.

13                  Oh, and Senator Gounardes just joined 

14           us.  Thank you.

15                  CHAIRWOMAN WEINSTEIN:  Thank you.  So 

16           now we'll go to -- and there may be some 

17           other colleagues joining us as the hearing 

18           continues.  

19                  So now we go to our first set of 

20           questions and answers for 10 minutes, to our 

21           Social Services chair, Assemblywoman Davila.

22                  ASSEMBLYWOMAN DAVILA:  Good afternoon, 

23           Commissioner Tietz.  It's good to see you.

24                  So my first question is directed 


                                                                   33

 1           towards public assistance.  And the public 

 2           assistance caseload for the safety net 

 3           singles is projected to decrease by nearly 

 4           19,000 statewide.  What are the factors that 

 5           play into the decrease?  

 6                  OTDA COMMISSIONER TIETZ:  I think 

 7           certainly an improving economy has made a 

 8           difference here, and that people have more 

 9           opportunities.

10                  ASSEMBLYWOMAN DAVILA:  What factors 

11           are contributing to the increase of the 

12           TANF families and the safety net public 

13           assistance recipients, which are estimated to 

14           increase by nearly 29,000 and 18,000 

15           respectively?

16                  OTDA COMMISSIONER TIETZ:  I think what 

17           we're seeing here in part is the continuing 

18           impact of the COVID pandemic.  We saw an 

19           increase in the last three years, and it's 

20           certainly proven challenging for families in 

21           particular.

22                  ASSEMBLYWOMAN DAVILA:  My next 

23           question would be on youth opportunities 

24           programs.


                                                                   34

 1                  The budget involves funding for a new 

 2           Youth Opportunities Program for localities 

 3           participating in the Gun-Involved Violence 

 4           Elimination -- the GIVE -- initiative.  How 

 5           will funds be distributed to the localities?  

 6                  OTDA COMMISSIONER TIETZ:  It's based 

 7           on the WIOA program from previous.  So the 

 8           communities with the highest rates of gun 

 9           violence in the state will see additional 

10           funds through this program.

11                  ASSEMBLYWOMAN DAVILA:  Well, we have 

12           seen gun violence in New York City -- the 

13           increase is everywhere.  Will this program be 

14           a sort of program that is -- that not-CBOs 

15           can apply for?

16                  OTDA COMMISSIONER TIETZ:  In New York 

17           City?

18                  ASSEMBLYWOMAN DAVILA:  Yes.

19                  OTDA COMMISSIONER TIETZ:  No.  This 

20           program -- the expansion here is for 

21           communities outside of New York City.

22                  ASSEMBLYWOMAN DAVILA:  Okay.  Thank 

23           you.  

24                  The next question is on emergency 


                                                                   35

 1           rental assistance.  The Executive Budget does 

 2           not include additional funding for the 

 3           Emergency Rental Assistance Program, the ERAP 

 4           program.  In fiscal year 2023 and '24, how 

 5           many rounds of additional federal 

 6           reallocations can we anticipate?

 7                  OTDA COMMISSIONER TIETZ:  I believe 

 8           that there are a few more reallocations from 

 9           the federal Treasury.  In the last 

10           reallocation, which was a few weeks ago, we 

11           received $63 million.  I think that our 

12           expectation is that that's in the ballpark of 

13           what we may see going forward.  But I think 

14           we're in the low tens of millions, maybe, and 

15           not more than that.

16                  ASSEMBLYWOMAN DAVILA:  Is it not true 

17           that the applications have closed down now 

18           in -- starting January 2023?

19                  OTDA COMMISSIONER TIETZ:  Yes.

20                  ASSEMBLYWOMAN DAVILA:  So people can 

21           no longer apply for ERAP?  

22                  OTDA COMMISSIONER TIETZ:  That's 

23           correct, Assemblymember.

24                  ASSEMBLYWOMAN DAVILA:  Okay.  The next 


                                                                   36

 1           question is on the Migrant Resettlement 

 2           Program.  The executive proposed 5 million to 

 3           support a new enhanced Migrant Resettlement 

 4           Program.  How will these funds be allocated 

 5           regionally?

 6                  OTDA COMMISSIONER TIETZ:  So in the 

 7           Governor's budget we've of course proposed a 

 8           billion dollars overall, some in cash and 

 9           some in kind, to help support migrants in New 

10           York State.

11                  The single largest part of that, 

12           $767 million, will help cover the cost of 

13           shelter and services in New York City.  There 

14           are significant costs here involved in terms 

15           of the approximately 900 National Guard that 

16           are right now helping to serve in those 

17           sheltering locations in New York City.  There 

18           are costs with regard to Medicaid, 

19           significant investments that the state is 

20           making.  

21                  Among the resources we're providing 

22           here will be $25 million for resettlement in 

23           welcoming communities elsewhere in the state.

24                  ASSEMBLYWOMAN DAVILA:  Okay.  The next 


                                                                   37

 1           question would be on eviction prevention 

 2           assistance.

 3                  The Executive Budget proposes to move 

 4           the funding for eviction prevention legal 

 5           assistance to your agency.  Will this 

 6           impact -- how will this impact the contract, 

 7           and how will it be administered?  How many 

 8           people have received service under the 

 9           program?  How many evictions were prevented 

10           as a result of legal assistance?

11                  OTDA COMMISSIONER TIETZ:  Thank you 

12           for the question.

13                  The initial $25 million has been 

14           increased to $35 million, and in the last 

15           budget it was moved from HCR to OTDA.  So 

16           OTDA has actually managed these contracts 

17           from the beginning.  And it's largely through 

18           Legal Services Corporation providers across 

19           the state.

20                  To date, I believe about 9500 

21           households have been assisted.

22                  ASSEMBLYWOMAN DAVILA:  I am going to 

23           ask this last question because I've been 

24           asking a lot of questions today.  I think 


                                                                   38

 1           this is extremely important.  

 2                  The Executive Budget includes 

 3           assistance to recipients who had their 

 4           benefits stolen as a result of card skimming, 

 5           cloning and other similar fraudulent 

 6           activities.  What will the application 

 7           process be?  What would be the steps for an 

 8           applicant filing to receive their benefits?  

 9                  And one of the reasons why I think 

10           this is extremely important is because it's 

11           taking an awful long time, once people have 

12           suffered the fraud, to go back to PA and ask, 

13           you know, to restore their benefits.  It's 

14           taking a long time.  And we know that a 

15           person can't be an extra month, two months 

16           without benefits and not suffer any 

17           consequences.

18                  Going forward, will there be more 

19           safety measures to ensure the recipient's 

20           benefits will not be stolen again?  As the 

21           Article VII states, then applicants cannot -- 

22           can seek reimbursement no more than twice in 

23           a fiscal year.  So that maybe a little 

24           problematic.


                                                                   39

 1                  OTDA COMMISSIONER TIETZ:  So in the 

 2           federal omnibus that was passed near the end 

 3           of December, it included for the first time 

 4           granting the USDA authority to permit 

 5           reissuance of federal SNAP benefits.  Until 

 6           now, no state has been able to reissue 

 7           federal SNAP benefits.  A handful of states 

 8           have had state funds to reissue benefits for 

 9           some reasons, but the federal government 

10           until now hadn't permitted this, the use of 

11           federal funds.  

12                  So for the first time we are -- we 

13           will soon be able to issue the lesser of the 

14           actual amount stolen or two months, twice in 

15           a year.  The goal here would be to keep folks 

16           from going hungry.  So the idea would be 

17           until you get your next regular benefit, you 

18           would have something to sustain you.

19                  The USDA just in the last week issued 

20           guidance to states on submitting a plan.  We 

21           expect to submit our plan to USDA before the 

22           end of the month.  It would appear, on the 

23           face of it, that the requirements for 

24           demonstrating that loss will be pretty 


                                                                   40

 1           achievable, fairly modest.  We won't know for 

 2           certain until we actually submit that plan 

 3           and obtain their approval.

 4                  So our hope is that within the next 

 5           few months that the USDA will approve our 

 6           plan and we'll begin to then roll that out to 

 7           local districts so that they can in fact 

 8           reissue the benefit.

 9                  ASSEMBLYWOMAN DAVILA:  Thank you.  

10                  No further questions.

11                  CHAIRWOMAN WEINSTEIN:  Thank you.  

12           We've been joined by Assemblyman Anderson.  

13                  And we go to the Senate.

14                  CHAIRWOMAN KRUEGER:  Thank you.  

15                  We'll start off with our chair, 

16           Jabari Brisport.

17                  SENATOR BRISPORT:  (Mic off; 

18           inaudible.)  Okay, I think okay.  Great.  

19                  Well, thank you, Madam Chair.  

20                  Thank you, Commissioners.  My 

21           questions are all for OCFS.  Good afternoon.  

22           Thank you for being here, Commissioner.

23                  My questions -- I want to start out by 

24           talking about the continued and accelerating 


                                                                   41

 1           collapse of the childcare sector.  We 

 2           conducted a hearing on the childcare crisis a 

 3           few weeks ago, and the Children's Agenda 

 4           estimated that New York State has lost 

 5           roughly 20,000 childcare slots as a result of 

 6           childcare programs closing since 2020.  That 

 7           would be 10,000 from March of 2020 through 

 8           July of 2022, and then an acceleration of 

 9           another 10,000 on top of that just from July 

10           of 2022 through the start of 2023.  

11                  Does that match OCFS's assessment?

12                  ACTING COMMISSIONER MILES-GUSTAVE:  So 

13           we can -- I don't have that data with me 

14           here, but I'm happy to bring that back to 

15           you.  

16                  The additional acceleration from July 

17           2022 sounds not like the numbers that I know 

18           of, but we'll confirm that and get back to 

19           you.

20                  But I do hope you know that after the 

21           pandemic, coming out of the pandemic and all 

22           the federal funds that we were so gracious to 

23           receive, we did issue, as I mentioned in my 

24           testimony, that $100 million childcare desert 


                                                                   42

 1           grant.  So that desert grant is meant to help 

 2           build supply, because we do recognize we lost 

 3           supply.  

 4                  But that desert grant is not the only 

 5           supply building we're doing.  Our office has 

 6           quite frankly almost doubled because we have 

 7           so much focus on not only getting the money 

 8           out the door for assistance and getting more 

 9           families into the system, but also building 

10           supply.  So we're laser-focused on that 

11           build.  But it's -- it's not easy, so it's -- 

12           the pandemic was devastating to our industry, 

13           and we're continuing to work on building that 

14           back up.

15                  SENATOR BRISPORT:  Thank you.  And not 

16           just the pandemic, you know, the Children's 

17           Agenda noted that this had been a long-term 

18           trend over the past decade with collapsing 

19           childcare slots across the state, some 

20           regions losing over 50 percent of their 

21           childcare slots in the past decade.  Does 

22           that match OCFS's assessment?  

23                  ACTING COMMISSIONER MILES-GUSTAVE:  So 

24           I will agree with you that it is not just the 


                                                                   43

 1           pandemic.  I think the pandemic put a 

 2           spotlight on this incredible infrastructure 

 3           priority that no one else really knew about 

 4           or cared about until after the pandemic.  So 

 5           good for OCFS, because we've always known it 

 6           was important.  

 7                  But yes, childcare has needed support 

 8           for many, many, many years.  I know many 

 9           states like New York were also 

10           super-disappointed with Congress when they 

11           couldn't get Build Back Better passed.  So I 

12           think nationally, again, the spotlight is on 

13           childcare.  Hopefully next year -- we'll 

14           cross our fingers -- that Congress will also 

15           recognize.  Because I know the focus is 

16           looking towards universal childcare, and the 

17           states just can't do that by themselves.  We 

18           definitely need the federal support.  

19                  But we're doing a million things by 

20           ourselves.  We're doing what we can with the 

21           money that we have.

22                  SENATOR BRISPORT:  Gotcha.  And I just 

23           want to clarify that despite these annual 

24           stabilization grants, we continue to see an 


                                                                   44

 1           exodus of childcare workers and providers 

 2           from the sector, yes?  

 3                  ACTING COMMISSIONER MILES-GUSTAVE:  

 4           Data that I would need to get back to you on.  

 5                  But the childcare workforce is in 

 6           crisis, I would not disagree there, as are 

 7           many other workforces after bleeding out from 

 8           the pandemic.  This is a very difficult time.  

 9           And I know that we are focused on not only 

10           providing the childcare workforce with 

11           stabilization grants -- we get that they're 

12           one-time incentives -- but we're working 

13           towards, as you know, the Childcare 

14           Availability Task Force that will -- has been 

15           reimagined by Governor Hochul -- will come 

16           together shortly.  

17                  And one of their tasks is to look at 

18           the impact of the pandemic on the childcare 

19           industry, including the workforce crisis.  

20           And also including, phased in, a rollout of 

21           universal childcare.  That, granted, we 

22           likely can't do by ourselves, but I do 

23           believe that we look forward to having all 

24           the advocates and all the experts help us.  


                                                                   45

 1           This is a huge problem that we need all of 

 2           our partners to help solve.

 3                  SENATOR BRISPORT:  Thank you.  

 4                  And I just want to keep circling back 

 5           to this notion of stabilization.  We're in 

 6           multiple rounds of stabilization grants now.  

 7           At last year's hearing I asked your 

 8           predecessor if she considered the childcare 

 9           sector as stable.  She said no.  Would you 

10           say the childcare sector is stable now?

11                  ACTING COMMISSIONER MILES-GUSTAVE:  

12           No, it's not stable now.  I think this 

13           Governor's budget proposes that additional 

14           $389 million as a round 3 for stabilization, 

15           to help try to stabilize it.  But we have -- 

16           we're -- we've done many things over the past 

17           two years.  We have much more to do.

18                  SENATOR BRISPORT:  In taking the same 

19           strategy, though, of using a one-time 

20           infusion of federal funds for one time 

21           bonuses, do you think that the 389 million 

22           will stabilize the childcare sector this 

23           year?  

24                  ACTING COMMISSIONER MILES-GUSTAVE:  I 


                                                                   46

 1           think it will help.  I think -- as you know, 

 2           we've increased the market rate to the 

 3           80th percentile.  I think that's helped 

 4           stabilize some providers.  I think the 

 5           stabilization grants, as I've gone on tours 

 6           myself, providers were very thankful.  It 

 7           helped them greatly.  

 8                  So I think these sometimes one-time 

 9           funding we get -- we're using our pandemic 

10           funding as effectively as we can.  It is 

11           helpful.  But I think we have a lot more to 

12           do.

13                  SENATOR BRISPORT:  Where did the 

14           $389 million figure come from?

15                  ACTING COMMISSIONER MILES-GUSTAVE:  I 

16           would need to get back to you on the analysis 

17           of that dollar amount.

18                  SENATOR BRISPORT:  I have some other 

19           questions about reimbursement rates and 

20           compensation.  I've been looking at the 

21           OCFS's market rates survey, and I've also 

22           seen reports from Cornell University and 

23           Ed Trust-New York regarding the true cost of 

24           care, and it seems like there's a big gap 


                                                                   47

 1           between the true cost of care and what 

 2           New York is reimbursing its childcare 

 3           providers.  Would you agree that there's a 

 4           gap?  

 5                  ACTING COMMISSIONER MILES-GUSTAVE:  I 

 6           would agree there's a gap.  And we were in 

 7           collaboration with Ed Trust, and I think they 

 8           did a great job with their report.  

 9                  But again, that's one of the questions 

10           that we have for our reimagined Child Care 

11           Availability Task Force.  I think we all 

12           recognize that these questions aren't 

13           answered, and they have a big charge.

14                  SENATOR BRISPORT:  Do you think there 

15           are any benefits to our current practice of 

16           paying childcare providers less than what it 

17           costs them to provide care?  

18                  ACTING COMMISSIONER MILES-GUSTAVE:  I 

19           do not think it makes sense.  I do know that 

20           we are -- with the 80th percentile change, it 

21           increased payments to providers by an average 

22           of 33 percent.  Some regions got 40.  So I do 

23           think that's helpful, absolutely.  

24                  I think we can see in the budget, 


                                                                   48

 1           because we have this third round of 

 2           stabilization, that yes, we need more.  We 

 3           need to support our workforce and our 

 4           industry as much as we possibly can.

 5                  SENATOR BRISPORT:  In the OCFS 

 6           analysis for its market rates survey, does 

 7           that include a living wage for the childcare 

 8           workforce?  Or does it assume a low wage for 

 9           childcare workers?  

10                  ACTING COMMISSIONER MILES-GUSTAVE:  If 

11           I understand your question, the market rate 

12           doesn't contemplate wages.  It speaks to the 

13           rate that providers charge families.  That is 

14           the survey that we take.  The rate providers 

15           charge families, those who only receive 

16           families that get assistance.  That is then 

17           tabulated by region, by modality, and the 

18           market rate is then set.  

19                  We are at the 80th percentile, so it's 

20           eight to 10 providers are accessible to our 

21           families who receive our childcare 

22           assistance.

23                  SENATOR BRISPORT:  Has OCFS calculated 

24           how much more it would take to pay providers 


                                                                   49

 1           what it actually costs them to provide care?

 2                  ACTING COMMISSIONER MILES-GUSTAVE:  

 3           No, we have not engaged in a cost-of-care 

 4           study.  That, again, was in Build Back 

 5           Better.  The funding for that was in 

 6           Build Back Better; that unfortunately did not 

 7           pass.

 8                  So as I mentioned, we were working 

 9           collaboratively, providing data that we had 

10           to Ed Trust, and we're familiar with their 

11           report.  

12                  I know there are some think tanks 

13           looking to assess what that -- what that 

14           would cost, and Ed Trust is one of those.  

15           So, you know, the -- again, the childcare 

16           task force will look at this issue as well, 

17           one of their charges.  And my hope is that we 

18           get additional federal support.

19                  SENATOR BRISPORT:  I had some 

20           questions about eligibility and who gets 

21           childcare.  

22                  The Governor's proposal continues to 

23           exclude undocumented children from childcare.  

24           Why is that?


                                                                   50

 1                  ACTING COMMISSIONER MILES-GUSTAVE:  So 

 2           unfortunately our childcare dollars, our 

 3           federal dollars did not allow -- well, they 

 4           dictate who can get assistance and who can't.  

 5                  Our current regulations do allow 

 6           children with favorable immigration status to 

 7           get assistance or be eligible for assistance, 

 8           regardless of the eligibility of their 

 9           parents.  But that is federal law.

10                  So our CCDF funds do not allow -- 

11                  SENATOR BRISPORT:  I'm just going to 

12           interrupt you briefly just for a time.  

13           Federal funds cannot be used for undocumented 

14           kids, I understand that.  But even in 

15           New York City, they use city funds.  And 

16           there is the option to do state funds.  

17                  So my question is, why has the 

18           Governor refused to use state funds to give 

19           access to childcare to undocumented children?  

20                  ACTING COMMISSIONER MILES-GUSTAVE:  

21           Well, I mean, I think this budget makes 

22           really difficult choices.  I know that there 

23           is an access point for undocumented families 

24           in our New York State Head Start, or federal 


                                                                   51

 1           Head Start, and Early Start, of which we have 

 2           about 278 in the state.  So that is a federal 

 3           program that does allow children to get care 

 4           even if they're undocumented.

 5                  SENATOR BRISPORT:  I have more 

 6           questions about eligibility and waiting 

 7           lists.  We saw a letter from the New York 

 8           City ACS to OCFS from May.  It was requesting 

 9           to amend their response whenever there is a 

10           waiting list when there are not sufficient 

11           funds to open all eligible cases from yes to 

12           no, essentially saying that they did not want 

13           to have a waiting list.  Do you know if OCFS 

14           granted that request for ACS?  

15                  ACTING COMMISSIONER MILES-GUSTAVE:  So 

16           I'm not familiar with that specific letter, 

17           but I can talk to you a little bit about 

18           ACS's previous waitlist that no longer 

19           exists.  

20                  So there are federal requirements to 

21           operationalize the federal funds for 

22           childcare, and one of the primary focuses is 

23           parental choice.  So the concept of a 

24           waitlist was problematic, and New York City 


                                                                   52

 1           recognized that.  And so now there is no 

 2           waitlist and they are addressing the requests 

 3           for assistance as they come in.

 4                  SENATOR BRISPORT:  Thank you.

 5                  CHAIRWOMAN KRUEGER:  Thank you.

 6                  Assembly.  

 7                  CHAIRWOMAN WEINSTEIN:  We've been 

 8           joined by Assemblywoman Mitaynes.  

 9                  And we go to Assemblywoman Byrnes for 

10           five minutes, the ranker.

11                  ASSEMBLYWOMAN BYRNES:  All right.  

12           Thank you.

13                  I want to thank both of the witnesses 

14           that are here.  My questions, though, will be 

15           directed, ma'am, to the acting commissioner 

16           of OCFS.  

17                  First I want to just make one 

18           statement, and that is -- and I'm sure that 

19           everyone can agree on this -- the Minority is 

20           having an inability to actually contact our 

21           legislative coordinator, John Divito, and 

22           it's been for quite a while.  And as a 

23           result, we can't get any answers to our 

24           questions.  


                                                                   53

 1                  So I just would respectfully ask that 

 2           when we go back to the office, if there's 

 3           anything you can do to try to make it so that 

 4           our inquiries of him are responded to.  I'd 

 5           be most appreciative.

 6                  ACTING COMMISSIONER MILES-GUSTAVE:  I 

 7           really thought you were joking, I'm sorry.  

 8           John Divito is incredibly responsive.  But if 

 9           there is something open, we will absolutely 

10           respond to you. 

11                  ASSEMBLYWOMAN BYRNES:  No, no, I was 

12           given specifically his name, that we've been 

13           trying to reach out, and we haven't.

14                  All right, I'm going to move on, 

15           because I do have questions.  But I wanted to 

16           make sure that was not lost in the shuffle.

17                  Look, obviously childcare is a major 

18           part of this budget, and so I want to talk 

19           about that and ask some questions about it, 

20           ma'am.  No disrespect to you, sir, but.  

21                  Look, how many more families, how many 

22           more children are going to be eligible for 

23           childcare by changing the income threshold to 

24           85 percent of SMI?  


                                                                   54

 1                  ACTING COMMISSIONER MILES-GUSTAVE:  

 2           Sure.  Currently, what, 300 percent of the 

 3           federal poverty level and about half of 

 4           New York's children are eligible.  

 5                  Once we, per our proposal, increase it 

 6           to 85 percent of SMI, which is the highest 

 7           allowable, another 113,000 children will be 

 8           eligible.

 9                  ASSEMBLYWOMAN BYRNES:  All right.  

10           Now, you made a comment in your opening 

11           statement that less than 10 percent of the 

12           eligible children currently receive, but yet 

13           apparently 50 percent would be eligible but 

14           only 10 percent receive.

15                  Now, if you propose and if it goes 

16           through that this is increased dramatically 

17           so that many more people, children, would be 

18           eligible, how would you go about trying to 

19           make sure that these children, now expanded 

20           exponentially, will be actually receiving 

21           services?  

22                  ACTING COMMISSIONER MILES-GUSTAVE:  

23           Sure.  So we know that there's like several 

24           reasons why only 10 percent of our uptake has 


                                                                   55

 1           been standard, and one is reflected in our 

 2           proposal this year.  So we have a mishmash of 

 3           requirements for childcare assistance.  It is 

 4           an antiquated system.  So we are trying to -- 

 5           the purpose is to make it electronic, make it 

 6           easier for families to receive assistance.

 7                  There is money out there.  Counties 

 8           have lots of money to open cases.  So raising 

 9           the eligibility just provides a larger pool 

10           for those counties to create those slots.

11                  ASSEMBLYWOMAN BYRNES:  I know that you 

12           mentioned, again, in your opening statement 

13           that one of the avenues would be a statewide 

14           online solution, quote, unquote.

15                  ACTING COMMISSIONER MILES-GUSTAVE:  

16           Yes.

17                  ASSEMBLYWOMAN BYRNES:  You do 

18           realize -- and I'm sure you do -- but I come 

19           from a very rural district.  Many people here 

20           do.  There are significant parts of my 

21           district that don't have internet access.  

22           It's not a question of affordability, it's a 

23           question of literally have no access.  

24                  How in the world are you going to be 


                                                                   56

 1           able to reach out to these families through 

 2           an online solution to vast portions of our 

 3           state that have no internet?

 4                  ACTING COMMISSIONER MILES-GUSTAVE:  

 5           Mm-hmm.  Sure.  I mean, we do intend to roll 

 6           out a multilayered solution.  So a family can 

 7           still go down to the social services district 

 8           and request a paper application and apply for 

 9           assistance --

10                  ASSEMBLYWOMAN BYRNES:  They would have 

11           to know that they were eligible.  They would 

12           have to know that there was a reason to go 

13           down and do that.

14                  ACTING COMMISSIONER MILES-GUSTAVE:  

15           Correct.  So last year we entered into like a 

16           multimedia campaign.  So -- and that is 

17           ongoing this year as well.  So it was radio 

18           ads, TV ads, bus ads, billboards.  We do 

19           recognize that not everyone knows that 

20           they're eligible for childcare.  

21                  So we are -- we began that media 

22           campaign last year, and we will continue that 

23           this year.  The goal is to get the word out, 

24           for sure.


                                                                   57

 1                  ASSEMBLYWOMAN BYRNES:  Now, are there 

 2           actually enough daycare providers to provide 

 3           services for this increased pool of people?  

 4                  And even if we have enough actual 

 5           providers, are there actually workers, people 

 6           that can work for these providers, that are 

 7           sufficient to handle this dramatic increase 

 8           in people who are -- children who are 

 9           eligible?

10                  ACTING COMMISSIONER MILES-GUSTAVE:  

11           Yes.  Well, we do think it's going to be a 

12           slow rollout.  We do not think that 

13           113,000 children will come to the doors of 

14           social services this year.  Again, half of 

15           New York's children are already eligible and 

16           our uptake really is 10 percent.  

17                  So we do believe it will be a slow 

18           rollout, but we're encouraging to recognize 

19           their eligibility, come down to the social 

20           services district --

21                  ASSEMBLYWOMAN BYRNES:  But even if 

22           they're eligible, even if they come down -- I 

23           mean, at some point you have to have bodies 

24           to take care of them.


                                                                   58

 1                  ACTING COMMISSIONER MILES-GUSTAVE:  

 2           Yes.

 3                  ASSEMBLYWOMAN BYRNES:  And that is a 

 4           major problem in every aspect of our lives.

 5                  ACTING COMMISSIONER MILES-GUSTAVE:  

 6           And supply is something that's a main focus 

 7           of ours, increasing supply.  

 8                  CHAIRWOMAN WEINSTEIN:  Thank you.  

 9                  Before we go to the Senate, we've been 

10           joined by Assemblywoman González-Rojas and 

11           Assemblyman Ardila.

12                  CHAIRWOMAN KRUEGER:  Thank you.

13                  Tom?

14                  SENATOR O'MARA:  We've been joined by 

15           Senator Rolison and Senator Oberacker.

16                  CHAIRWOMAN KRUEGER:  Thank you.  

17                  And next up is Senator Roxanne 

18           Persaud, chair, 10 minutes.

19                  SENATOR PERSAUD:  Good morning, 

20           everyone.

21                  Commissioners, it's always great 

22           seeing you.  And I just want to first thank 

23           you and -- both of you and your staff for 

24           everything that you do for us whenever we're 


                                                                   59

 1           calling.  And, you know, we constantly call.

 2                  I would like to start with 

 3           Commissioner Tietz.  And my first question to 

 4           you, Commissioner, you know, is always the 

 5           COLA.  We have this COLA that we talk about 

 6           that's now proposed at 2.5 percent.  But not 

 7           everyone qualifies for the COLA, even though 

 8           they're all doing the same work.

 9                  Can you give me your opinion of that 

10           and justify why someone who's doing the same 

11           work is not qualifying for the same COLA?

12                  OTDA COMMISSIONER TIETZ:  Yeah, the 

13           COLA as proposed in the Governor's budget 

14           covers one of our programs at OTDA.  It's the 

15           Nutrition Outreach and Education Program.  

16                  But you're correct that it doesn't 

17           reach to others.  

18                  We believe, of course, that everyone 

19           deserves a livable wage.  And I can't say 

20           more on that, I guess.  

21                  SENATOR PERSAUD:   Do you think -- 

22           would you say if you're having conversations 

23           about that?  Because across human services, 

24           the need for a wage increase is great.  These 


                                                                   60

 1           are people who are taking care of the most 

 2           vulnerable people in our communities.  And 

 3           we're not treating them the same way even 

 4           though they are doing the same work.  

 5                  So I really would love for the 

 6           Governor to look at that and see how can we 

 7           rectify that so that everyone who's doing the 

 8           job receives the COLA.  

 9                  Can you tell me, also, stolen public 

10           benefits in the Article VII.  As you know, 

11           we've been talking about it.  People -- the 

12           money is placed on their card, and two 

13           minutes later it's gone and there's no way of 

14           them receiving a refund or the funds being 

15           replaced.  

16                  Can you tell me, are there any plans 

17           in place -- we know we're working with the 

18           federal government to rectify the problem, 

19           and for the federal government to fund it.  

20           What is OTDA doing about that?

21                  OTDA COMMISSIONER TIETZ:  So there's a 

22           few things that we're doing.  So as I'd 

23           mentioned earlier with regard to the SNAP 

24           benefits, we now have -- soon, you know, when 


                                                                   61

 1           we submit that plan later this month and 

 2           hopefully soon thereafter receive USDA's 

 3           approval on that plan, we will then roll that 

 4           out to the districts so that they can replace 

 5           up to two months of benefits twice a year for 

 6           those who've suffered losses.

 7                  On the public assistance side, we're 

 8           doing something very similar.  It's much the 

 9           same idea.  We expect to be able to roll that 

10           out soon as well.  We've essentially made 

11           these two efforts look similar, which I think 

12           is both helpful for recipients and helpful 

13           for the staff in the local districts who are 

14           charged with handling the matter.

15                  In addition, we've taken several steps 

16           with regard to getting messages to recipients 

17           as well as to local districts.  We've had 

18           some campaigns on how you can protect 

19           yourself.  Among the ways in which you can 

20           protect yourself is to change your PIN 

21           frequently or change your PIN after every 

22           use.  

23                  In addition, we're speaking with our 

24           vendor that handles the EBT cards to permit 


                                                                   62

 1           recipients to turn their card on and off, to 

 2           essentially lock it as they would like, as 

 3           well as to prevent out-of-state transactions 

 4           as well.

 5                  So there are several steps that we've 

 6           done to help ensure that people don't suffer 

 7           losses.

 8                  SENATOR PERSAUD:  So talking about 

 9           that, have we spoken to the vendor about 

10           updating their technology?  Because, you 

11           know, we've been asking about having chips 

12           embedded in the cards.  So what is the status 

13           on that with the vendor?  

14                  OTDA COMMISSIONER TIETZ:  Yes.  With 

15           regard to chip-enabled cards, which 

16           essentially then we get away from this 

17           problem of the PIN and magnetic stripes, 

18           which can be copied.

19                  So for -- for the -- there's no state 

20           in the nation right now that actually has a 

21           chip-enabled card.  We of course would need 

22           guidance and assistance and approval 

23           ultimately from USDA to do this.  

24                  We are working right now with our 


                                                                   63

 1           vendors on a contract matter, so there's -- 

 2           there's a big dispute with regards to the 

 3           vendor that was awarded the contract going 

 4           forward.  So once that's settled, we'll then 

 5           have -- which I'm hoping soon -- we'll then 

 6           have conversations with that vendor.  We know 

 7           that that same vendor has begun such 

 8           conversations with California on chip-enabled 

 9           cards.  

10                  So we're -- I don't want to 

11           overpromise here.  I'll just be clear that 

12           this will take a couple of years.

13                  SENATOR PERSAUD:  Thank you on that.

14                  So we'll go to supportive housing.  

15           The reimbursement rates are not the same.  

16           Can you tell us the key difference between 

17           the two models, say for NYSSHP and ESSHI, why 

18           is it that the -- there's such a disparity in 

19           the reimbursement rates?

20                  And then while you're looking at that, 

21           you can think about ERAP.  What are we doing 

22           for the NYCHA tenants in ERAP?  I know we've 

23           had this conversation; I just wanted to just 

24           go it over again.  


                                                                   64

 1                  And would you agree with me if I say 

 2           that the time frame that we have for people 

 3           who are in a holding pattern is too long?  

 4           We're waiting for people to respond, and 

 5           we're waiting and waiting, they're not 

 6           responding, and we're still holding that 

 7           money -- while we have people who have 

 8           cleared everything and have qualified, but 

 9           they're not getting the money.  

10                  Meanwhile, they're -- so do you think 

11           if I say that we need to shorten the time 

12           frame, would you agree with me on that?

13                  OTDA COMMISSIONER TIETZ:  Yes.  

14                  To go back to your supportive housing 

15           question, I actually can't explain why 

16           there's a difference in the rates for those 

17           two programs.  I'm happy to get you an 

18           answer.  This predates me.  The NYSSHP 

19           program is certainly well-established and 

20           older than ESSHI.  But I'm happy to get you 

21           an answer on that.

22                  With regard to ERAP, so your first 

23           question was with regard to public housing.  

24           And, I'm sorry, repeat it.


                                                                   65

 1                  SENATOR PERSAUD:  Right now they're 

 2           just -- there are so many of them waiting 

 3           because they didn't qualify, they weren't in 

 4           the categories that were listed.  What are we 

 5           doing -- is there a plan for us to assist 

 6           those people?  

 7                  And would you -- if I say that the 

 8           state should say, let's just cover all of 

 9           that NYCHA arrears and then with the 

10           understanding that NYCHA will say everyone 

11           who fell under the pandemic arrears that, you 

12           know, we paid and swiped out and they go 

13           forward -- would you say that's something 

14           that we should think about?

15                  OTDA COMMISSIONER TIETZ:  So for 

16           subsidized housing, including for public 

17           housing, in the program as given to us by the 

18           Legislature as settled in the last two 

19           budgets, it placed subsidized housing in a 

20           low priority.  Believing that, I suspect, 

21           given that they already have a subsidy for 

22           their housing, they were placed in a lower 

23           priority than those who don't have subsidized 

24           housing.


                                                                   66

 1                  At this moment I would say that 

 2           there's approximately 73,000 subsidized 

 3           housing applications.  Those are largely on 

 4           hold.  Because they're a lower priority, they 

 5           haven't been actively reviewed in the same 

 6           way as the non-subsidized housing 

 7           applications.

 8                  I suspect that we're -- at this moment 

 9           we -- you know, we're working through the 

10           applications we received right through 

11           January 20.  In the last three weeks of the 

12           program we received more than 17,000 

13           applications.  Our expectation is that we are 

14           a little shy of having sufficient resources 

15           to fund the nonsubsidized housing and no 

16           resources, therefore, to fund subsidized 

17           housing.  

18                  We would leave to the Legislature and 

19           Governor how best to address the shortfall 

20           relative to subsidized.

21                  SENATOR PERSAUD:  Okay.  So while my 

22           time is running out, I just want to cover 

23           TANF.  You know, why does the proposal 

24           continue to reimburse New York City for only 


                                                                   67

 1           85 percent of expenditures?  And, you know, 

 2           let me ask this question of you:  Why is so 

 3           much of the cost being shifted to New York 

 4           City?

 5                  OTDA COMMISSIONER TIETZ:  It's a fair 

 6           question.  I appreciate the question.  

 7                  This well predates me.  I think that 

 8           this goes back maybe a decade to the prior 

 9           administration, that the share that -- we 

10           cover 100 percent of TANF eligible in every 

11           district except New York City, in which we 

12           cover 85 percent of the TANF-eligible cost.

13                  SENATOR PERSAUD:  Well, we have to 

14           continue fighting against that, pushing back 

15           on it.

16                  Then my final question, while my time 

17           is going, there's $1 billion that's being 

18           allocated for the migrant population.  Could 

19           you cover that?  Tell us, you know -- could 

20           you go over that, what is it really covering?

21                  OTDA COMMISSIONER TIETZ:  Sure.  So of 

22           the billion dollars, the vast majority, 

23           767 million is to cover the cost -- a portion 

24           of the cost of shelter and services.  And 


                                                                   68

 1           that includes both DHS and the Humanitarian 

 2           Relief and Response Centers.

 3                  Another $130-some million is for our 

 4           cost on Medicaid.  Somewhere around 

 5           $150 million is our share of the cost for the 

 6           National Guard who are serving in those 

 7           shelters.  And then there are smaller 

 8           amounts -- for example, for resettlement.

 9                  CHAIRWOMAN KRUEGER:  Thank you.  

10                  SENATOR PERSAUD:  Thank you very much.

11                  CHAIRWOMAN KRUEGER:  Thank you.  Sorry 

12           to cut you off, Roxie.

13                  SENATOR PERSAUD:  That's okay.  

14                  CHAIRWOMAN WEINSTEIN:  The ranker on 

15           Social Services, Assemblyman Maher, five 

16           minutes.

17                  ASSEMBLYMAN MAHER:  How's everybody 

18           doing?  Thank you so much for being here.

19                  The first question I have is for you, 

20           Commissioner.  I know my colleagues started 

21           talking about the industry, childcare 

22           services, and you had brought up in your 

23           comments the desert grants, I know this is a 

24           structure that's put in place to help that 


                                                                   69

 1           workforce and to support these childcare 

 2           service agencies and daycares.  

 3                  So there's actually a handful in my 

 4           district that are struggling through this 

 5           application.  Is there any flexibility in 

 6           terms of the payments?  I know that some 

 7           facilities are waiting on their next $50,000 

 8           payment because they have to hit certain 

 9           thresholds to hire employees to have enough 

10           seats.  Has your office had this experience 

11           statewide?  And what is a potential solution?  

12                  ACTING COMMISSIONER MILES-GUSTAVE:  So 

13           thank you for that question.  We have had 

14           this experience statewide, and I do believe 

15           we're trying to resolve it.  

16                  The purpose of the childcare desert 

17           grant was to absolutely build supply, and the 

18           first portion of that was for new providers.  

19           So if you've gotten your license, you're 

20           fulfilling the requirements of the 

21           regulation, you are not in violation and 

22           you're open, serving children, I believe 

23           we're working through the issues with those 

24           providers who are close to meeting those 


                                                                   70

 1           milestones.  

 2                  So if we are not in touch with those 

 3           providers, we can get in touch with them.  

 4           I'm happy to have my office reach out to your 

 5           office.

 6                  ASSEMBLYMAN MAHER:  So in a specific 

 7           case, if someone said, Hey -- and they had 

 8           real proof -- we're going to have to shut our 

 9           doors, we're really going to need this, you 

10           would work with them and try to make that a 

11           priority?

12                  ACTING COMMISSIONER MILES-GUSTAVE:  We 

13           would have to look at, obviously, the 

14           circumstance.  But we are working with 

15           providers who are open and serving children, 

16           absolutely.  

17                  ASSEMBLYMAN MAHER:  Okay, great.

18                  The second part is if they hit that 

19           10 percent number, individuals who are 

20           receiving the childcare assistance.  Now, 

21           obviously a lot of that, as you explained, is 

22           part of the process and there's some things 

23           that you're going to work on internally.  But 

24           how much of it is also promotion?  And what 


                                                                   71

 1           kind of partnerships have you created with 

 2           counties, even elected officials, to try to 

 3           work with getting the information out there 

 4           appropriately?

 5                  ACTING COMMISSIONER MILES-GUSTAVE:  

 6           Right.  Well, I mean, I'm happy to work with 

 7           anyone here to get the word out for our 

 8           childcare assistance program.

 9                  But we did launch a huge campaign last 

10           year -- again, as I said, a multimedia 

11           campaign.  And we have our community 

12           partners, we have our CCR&Rs who are out 

13           there in each region, helping our providers.

14                  But we are open to any 

15           recommendations, because getting the word out 

16           truly is the priority.

17                  ASSEMBLYMAN MAHER:  We look forward to 

18           working with you to do that, for sure.

19                  Another section in here with the 

20           Employer-Supported Childcare Pilot Program, 

21           you talked about three regions being 

22           selected.  How will that process take place?  

23           Which regions will be awarded, and how does 

24           that work?


                                                                   72

 1                  ACTING COMMISSIONER MILES-GUSTAVE:  So 

 2           all the details are still pending.  But it is 

 3           a process that I know we are mirroring from 

 4           other states where it's been successful.  

 5                  So I do think that we're still working 

 6           through the details, but the important thing 

 7           is that we've gotten the proposed funding in 

 8           the budget.

 9                  ASSEMBLYMAN MAHER:  Okay.  And I know 

10           certain things are being developed.  But 

11           would a partnership with a large employer, 

12           let's say a warehouse -- we have a lot of 

13           warehouses going on for a lot of internet 

14           sales going on -- would you creatively work 

15           with a business like that to try to establish 

16           potentially childcare facilities on the 

17           premises to make it more affordable and to 

18           create incentives for workers to take those 

19           jobs?  

20                  Because as much as those jobs are 

21           available, there's a lot of people who aren't 

22           taking the jobs because they don't want to 

23           work in that situation where they can't 

24           provide childcare because they don't make 


                                                                   73

 1           enough money.

 2                  So if there's incentives through a 

 3           public/private partnership with these larger 

 4           businesses, is that something that you guys 

 5           have taken a look at so far?

 6                  ACTING COMMISSIONER MILES-GUSTAVE:  

 7           Well, that sounds like our business income 

 8           tax incentive.  That's also in the budget.  

 9           So that program would have a business 

10           significantly underwrite childcare for their 

11           employees and then apply to the state for a 

12           tax credit.

13                  So also the details aren't quite 

14           worked out there either.  But yes, the point 

15           is that we're looking at the economics of 

16           this all.  And we're looking at private -- 

17           public and private partnerships for both of 

18           those two programs.

19                  ASSEMBLYMAN MAHER:  I am excited about 

20           that tax credit.  And time's running short, 

21           but we very much look forward to seeing those 

22           details and hopefully working through your 

23           office to see how we can make it a perfect 

24           process -- as perfect as possible.


                                                                   74

 1                  ACTING COMMISSIONER MILES-GUSTAVE:  

 2           Yes.  Thank you.

 3                  ASSEMBLYMAN MAHER:  Thank you.

 4                  CHAIRWOMAN WEINSTEIN:  Thank you.

 5                  We've been joined by Assemblywoman 

 6           Tapia.

 7                  To the Senate.

 8                  CHAIRWOMAN KRUEGER:  Thank you.

 9                  Senator Murray, ranker, for five 

10           minutes.

11                  SENATOR MURRAY:  Thank you very much.  

12           Thank you, Madam Chair.

13                  Thank you for being here.  

14                  I'm going to piggyback, actually, on 

15           what the Assemblyman was just talking about 

16           as far as childcare and businesses and the 

17           workforce.

18                  First, just for clarification, when 

19           you said the statewide business income tax 

20           credit for businesses that create or expand 

21           childcare access for their employees, do you 

22           mean financially or do you mean on-site or 

23           both?

24                  ACTING COMMISSIONER MILES-GUSTAVE:  I 


                                                                   75

 1           think it can be both.  We partner with 

 2           providers if they're looking to do an on-site 

 3           facility that would likely need a licensed 

 4           provider to come to their on-site location.

 5                  But yes, it's -- the point is to be 

 6           creative.  We're trying to be as creative as 

 7           possible.

 8                  SENATOR MURRAY:  And first, I don't 

 9           want it going without saying that I applaud 

10           you, I applaud the Governor for taking this 

11           seriously and doing what she's doing in this 

12           budget, because we are in a crisis.  And it's 

13           a threefold crisis.  It's a crisis of are we 

14           reaching enough children and families.

15                  When we do, are there providers 

16           available and are there workers available?  

17           And the answer is no to all of those.  

18                  So getting creative with the business 

19           community.  So when we talk about business 

20           and private -- public/private partnerships, 

21           have you been in contact with groups like 

22           NFIB, the Business Council, MACNY, Ignite 

23           Long Island, some of these that maybe can 

24           create incentives.  Because for any 


                                                                   76

 1           businesses out there listening -- Pssst:  If 

 2           you want a big advantage, offer this as a 

 3           benefit.  You will attract the best and the 

 4           brightest to come there.

 5                  Because the ones that benefit the 

 6           most, other than the parents getting -- 

 7           knowing they're getting good childcare for 

 8           their children, are the businesses.  

 9                  We don't -- we have a problem getting 

10           people back in the workforce now, and the 

11           problem is because -- and I've talked to 

12           several who've said "It will cost me to go to 

13           work because of childcare."  

14                  Are we working with these groups, 

15           again, getting creative -- because again, the 

16           businesses are going to benefit from this.  

17           Is there maybe an effort in place to create a 

18           fund or something where they can contribute 

19           to offer even more incentives?

20                  ACTING COMMISSIONER MILES-GUSTAVE:  So 

21           love your ideas.  We're going to write them 

22           down and take those back to our office.  

23                  But I think those two public/private 

24           partnerships that do involve business, that 


                                                                   77

 1           really speaks to the economic infrastructure 

 2           issue we're trying to get at, and the 

 3           business income tax incentive program is 

 4           going to be throughout the 10 Regional 

 5           Economic Development Councils.  The REDCs are 

 6           involved.  

 7                  I don't know if we're working with 

 8           those specific people, but I'm sure someone 

 9           very smart in my office or the Governor's 

10           office has.

11                  SENATOR MURRAY:  We'll definitely talk 

12           on that and provide them.

13                  But now I've talked to some in the 

14           industry who have also said, Well, that's 

15           great, but -- you had mentioned them, and I 

16           quote, the cumbersome and antiquated 

17           application process for families.  But also 

18           for providers.  They're saying, Hey, you 

19           know, we're jumping through a lot of hoops 

20           here.

21                  Is there an effort to streamline the 

22           system?

23                  ACTING COMMISSIONER MILES-GUSTAVE:  

24           Yes.  So actually when we increased the 


                                                                   78

 1           market rate to the 80th percentile, we tried 

 2           to streamline the process for the providers, 

 3           particularly those who serve 100 percent of 

 4           children that receive childcare assistance.  

 5           So we streamlined the application as much as 

 6           we could by state statute and regulation.

 7                  So we are.  I mean, streamlining 

 8           really is the name, like the word of the day.  

 9           So our office has regional offices, we 

10           contract with CCR&Rs, they work with 

11           providers.  So we have an infrastructure in 

12           place to provide providers with that support.  

13           We're trying to give as much flexibility now 

14           to the parents.

15                  SENATOR MURRAY:  Okay, good.

16                  In my remaining time I want to focus 

17           on the funding too.  Now, if I have my 

18           numbers right, it says the Executive proposes 

19           to utilize an estimated 800 million in 

20           unspent and rollover funds in addition to 

21           500 million in federal pandemic.

22                  ACTING COMMISSIONER MILES-GUSTAVE:  

23           Right.  Yes.

24                  SENATOR MURRAY:  How long will that 


                                                                   79

 1           last?  And then when that runs out, is that 

 2           going to shift onto localities, onto the 

 3           counties?  Or how do we handle that?

 4                  ACTING COMMISSIONER MILES-GUSTAVE:  I 

 5           think, as we mentioned -- even last year, the 

 6           Governor made this historic investment in 

 7           childcare at 7 billion.  This year it goes 

 8           on.  It's 7.6 billion over four years.  

 9                  I don't think any of us thought we'd 

10           be here four or five years ago.  And I think 

11           in last year's financial plan we saw the 

12           investment in years out, and in this year's 

13           financial plan we will also see the 

14           investment in years out.  So I think the 

15           Governor has made a commitment to support 

16           this industry.

17                  So yes, our pandemic funds will 

18           eventually run out.  We want our local 

19           counties to use their subsidy.  But there is 

20           significant rollover every year.  So we're 

21           just going to invest all of our funds as 

22           effectively as possible.

23                  SENATOR MURRAY:  Okay, great.  

24                  Thank you again.  And I look forward 


                                                                   80

 1           to working with you together to maybe come up 

 2           with some creative solutions.  So thank you 

 3           so much.

 4                  ACTING COMMISSIONER MILES-GUSTAVE:  

 5           Thank you.  Thank you, Senator.

 6                  CHAIRWOMAN KRUEGER:  Assembly.

 7                  CHAIRWOMAN WEINSTEIN:  Thank you.  

 8                  On the Assembly side we now move to 

 9           three minutes for members to both ask the 

10           question and receive the answer.  So make 

11           sure you leave time for our commissioners to 

12           respond as we go through the many members who 

13           have questions.

14                  So we go first to our Veterans Affairs 

15           Chair Jean-Pierre, but only -- it's 

16           three minutes now.  Kimberly?

17                  (Off the record.)

18                  CHAIRWOMAN WEINSTEIN:  We go to our 

19           Aging chair, I'm sorry, for three minutes.

20                  ASSEMBLYMAN KIM:  Thank you.  Thank 

21           you, Chair.  

22                  And thank you, Commissioners, for 

23           testifying today.

24                  My first question is to Children and 


                                                                   81

 1           Family Services.  The 16 million in the 

 2           capital funding that the Executive is 

 3           requesting, is that for third-party provider 

 4           capital projects or is it for your agency 

 5           capital needs?  

 6                  ACTING COMMISSIONER MILES-GUSTAVE:  

 7           Thank you, Assemblymember.  No, the 

 8           16 million is to support the state-operated 

 9           facilities, our juvenile justice facilities.  

10                  We have an aging infrastructure, and 

11           we know we need to modernize our facilities 

12           to really meet the needs of youth we have 

13           now, with programming and education and 

14           vocational and mental health services.  So 

15           that is for the state-operated facilities.

16                  ASSEMBLYMAN KIM:  Thank you.  And in 

17           your testimony you said that funding is to 

18           support facilities that provide programming, 

19           education, mental health, treatment services.  

20           These are all in-house services that your 

21           agency is servicing directly to constituents, 

22           not third parties?

23                  ACTING COMMISSIONER MILES-GUSTAVE:  

24           Yes.  Yes.  OCFS operates nine residential 


                                                                   82

 1           juvenile justice facilities, and we staff 

 2           those facilities with clinicians, educators, 

 3           program leads.  So it's fully state-operated.

 4                  ASSEMBLYMAN KIM:  Great.  State 

 5           workers, public pension, the whole nine 

 6           yards.

 7                  ACTING COMMISSIONER MILES-GUSTAVE:  

 8           Yup.

 9                  ASSEMBLYMAN KIM:  Got it, okay.  

10                  For the OTDA commissioner, my 

11           colleague from Queens has done a wonderful 

12           job -- Khaleel Anderson -- of highlighting 

13           this problem with the scam involving SNAP and 

14           EBT cards and PIN cards.  And you point to 

15           this problem in your testimony as well.

16                  I think we all deal with these type of 

17           scams in one form or another dealing with 

18           vulnerable populations.  And whenever we deal 

19           with identity theft, it is such a challenge 

20           to properly report it.  We get punted from 

21           the local police to the state, sometimes the 

22           feds.  It's a -- there's no one-stop place to 

23           really understand what the problem is.  

24                  And is there anything you're doing 


                                                                   83

 1           administratively to improve the situation?  

 2           And is there any kind of data that you 

 3           already have around the victims and what 

 4           vulnerable populations that we should be 

 5           focused on in trying to prevent these types 

 6           of scams?  

 7                  OTDA COMMISSIONER TIETZ:  Yes.  As I'd 

 8           mentioned earlier, our messaging to 

 9           recipients as well as to local districts 

10           about how to prevent this from happening to 

11           them has been pretty extensive, and we're 

12           happy to do more.  

13                  As I mentioned earlier, we expect to 

14           roll out within the next few months, pending 

15           USDA's approval of our plan, which we expect 

16           to submit later this month.  I don't believe 

17           that that plan will necessarily require a 

18           police report.  We'll see.

19                  ASSEMBLYMAN KIM:  Okay.  Thank you.  

20           Very quickly.  The migrant services, is that 

21           an in-house program that you're -- are there 

22           OTDA personnel that's actually going to 

23           support this population, or is this an 

24           outsourced contract model you're adopting?  


                                                                   84

 1                  CHAIRWOMAN KRUEGER:  A quick yes or 

 2           no.  There will be a later opportunity to 

 3           explain.  

 4                  OTDA COMMISSIONER TIETZ:  It's a yes 

 5           and a no.  

 6                  (Laughter.)

 7                  CHAIRWOMAN WEINSTEIN:  Okay.  We'll 

 8           take that up later.  Thank you.

 9                  To the Senate.  

10                  CHAIRWOMAN KRUEGER:  Thank you.  Three 

11           minutes to Cordell Cleare.

12                  SENATOR CLEARE:   Good morning.  

13                  Commissioner Tietz, I hope I get this 

14           right.  This is my first hearing.

15                  OTDA COMMISSIONER TIETZ:  Your mic.  

16           Your mic.

17                  SENATOR CLEARE:  I have a question 

18           about the employment opportunities for youth, 

19           the GIVE initiative.  Why is New York City 

20           excluded from the program?  And if -- how do 

21           we increase, how do we get these 

22           opportunities to young people in New York 

23           City?  We know that money is necessary for a 

24           lot of our younger New Yorkers, year-round 


                                                                   85

 1           employment is necessary. 

 2                  Can you just answer?  

 3                  OTDA COMMISSIONER TIETZ:  Yeah, I'm 

 4           very pleased about the increase to the 

 5           minimum wage for the Summer Youth Employment 

 6           Program, to $47 million.  

 7                  Admittedly, as I had mentioned earlier 

 8           the new program is targeted to communities 

 9           outside of New York City with high rates of 

10           violence.  I would leave to the Legislature 

11           and the Governor how best to address concerns 

12           about the absence of that program in New York 

13           City.

14                  SENATOR CLEARE:   Okay.  And on the 

15           SNAP benefit or the public assistance benefit 

16           reimbursements, I think -- how long does 

17           verification or that determination take from 

18           your agency to -- I just want to see how much 

19           time is it between that and when someone gets 

20           their benefits reimbursed.  

21                  OTDA COMMISSIONER TIETZ:  So at this 

22           moment we just in the last week received 

23           guidance from USDA.  So the next step here is 

24           for us to submit a plan to USDA.  That plan 


                                                                   86

 1           will go to them by the end of the month.  

 2                  Some of the basics around that will be 

 3           that you'd expect that a recipient would need 

 4           to report to the local district that -- the 

 5           loss of the benefits due to theft within 

 6           30 days.

 7                  SENATOR CLEARE:   You said within 

 8           three days?  

 9                  OTDA COMMISSIONER TIETZ:  Thirty days.  

10           Thirty days.  

11                  But beyond that, we actually haven't 

12           written that response to them yet.  So I'll 

13           say that the guidance we got from USDA 

14           frankly doesn't expect a lot.  So our goal 

15           here is to keep the administrative burden for 

16           recipients and the districts to a minimum and 

17           to be --

18                  SENATOR CLEARE:   Okay, can you just 

19           please follow up and let us know how long 

20           that's going to take?  Because that's very 

21           important.

22                  OTDA COMMISSIONER TIETZ:  Sure.  Yes.

23                  SENATOR CLEARE:  Okay.  There were 

24           some advocates in here earlier, and I am 


                                                                   87

 1           concerned about what they were speaking 

 2           about.  The plan for AIDS housing for the 

 3           rest of the state, is there a plan for AIDS 

 4           housing?

 5                  OTDA COMMISSIONER TIETZ:  So a handful 

 6           of years ago when the blueprint to end the 

 7           epidemic was developed under the prior 

 8           governor, it included HASA-like benefits for 

 9           the rest of the state.  The cost of that 

10           would be borne at the existing city/state 

11           split in terms of the share.  So 71 percent 

12           of that cost would be borne by the district, 

13           and 29 percent would be borne by the state.  

14                  It was always an option, it remains an 

15           option for districts outside of New York City 

16           to expand services to people with HIV.  None 

17           have chosen it.

18                  CHAIRWOMAN KRUEGER:  Thank you.

19                  Assembly.  

20                  CHAIRWOMAN WEINSTEIN:  Assemblyman 

21           Conrad, three minutes.  (Pause.)

22                  Assemblyman Burdick, you're next.

23                  ASSEMBLYMAN BURDICK:  Thank you.  

24                  And this is a question for the 


                                                                   88

 1           commissioner of OTDA.  

 2                  First, thank you for your testimony 

 3           and your work.  I'm very pleased that OTDA 

 4           helped provide funding for Freedom Commons, 

 5           which provides housing for those released 

 6           from New York State correctional facilities.  

 7                  You mentioned that the budget includes 

 8           $128 million for the HHAP program.  And just 

 9           three questions on that.  Are there any 

10           rollover funds for HHAP?  And do you believe 

11           that OTDA can help promote an increase in 

12           such transitional housing as part of a 

13           consortium with HCR and ESSHI and other 

14           agencies?  And lastly, does OTDA reach out to 

15           Osborne, Fortune and other community-based 

16           organizations for creating more transitional 

17           housing?

18                  OTDA COMMISSIONER TIETZ:  Thank you.  

19           To your first question, of the $128 million, 

20           we pretty much annually get applications to 

21           use those funds in the year, within the same 

22           budget year.  To the degree that they're not 

23           all taken up in that year, they roll to the 

24           next year.  So the short answer to your 


                                                                   89

 1           question is yes, they roll to the next year.

 2                  We expect to have applications and 

 3           approvals in the current year that will use 

 4           the available funds.

 5                  Your next question was --

 6                  ASSEMBLYMAN BURDICK:  Well, I was just 

 7           trying to find out whether or not the -- it's 

 8           128 million plus any funds left over or any 

 9           reappropriation.

10                  OTDA COMMISSIONER TIETZ:  Well, there 

11           weren't from last year.  So -- so --

12                  ASSEMBLYMAN BURDICK:  So the answer to 

13           that's no.

14                  The second question is, you know, do 

15           you reach out to Osborne, Fortune and other 

16           community-based organizations to increase 

17           transitional housing?  

18                  OTDA COMMISSIONER TIETZ:  We know each 

19           of those organizations well and respect their 

20           work.  We think that folks coming out of 

21           prison are an important constituency and have 

22           great needs.  We're always happy to engage 

23           with them about how best to meet those needs.  

24           I'm certainly happy to take up any 


                                                                   90

 1           conversations with them with regard to 

 2           expanding transitional housing.  

 3                  ASSEMBLYMAN BURDICK:  And if I may, do 

 4           the applications that you have for housing 

 5           exceed, you know, the available funds?  

 6                  OTDA COMMISSIONER TIETZ:  So both 

 7           projects have multiple funding sources.  

 8           Could include tax credits, could include -- 

 9           so if they're in the city, for example, it 

10           could include resources from HPD, what have 

11           you.  

12                  So there's -- I would say that our 

13           funds for sure help to encourage others to 

14           come on board.

15                  ASSEMBLYMAN BURDICK:  But for the HHAP 

16           program itself, do you have applications, 

17           grant applications that exceed 128 million?

18                  OTDA COMMISSIONER TIETZ:  Oh, I'm 

19           sorry, exceed; I thought you said "seed."  

20           Exceed 128 million -- yeah, I'm not certain.  

21           I'd have to get back to you.  I don't 

22           believe --

23                  ASSEMBLYMAN BURDICK:  If you could, 

24           that would be great.


                                                                   91

 1                  OTDA COMMISSIONER TIETZ:  Sure.  I 

 2           don't believe we do in the current year.

 3                  ASSEMBLYMAN BURDICK:  Super.  Thanks 

 4           so much.

 5                  CHAIRWOMAN WEINSTEIN:  Senate?  

 6                  CHAIRWOMAN KRUEGER:  Thank you.  

 7                  Senator Rolison for five minutes, 

 8           ranker. 

 9                  SENATOR ROLISON:  Thank you.  

10                  It's good to see you.  And I have some 

11           questions for OCFS.  

12                  In reference to discussions that we've 

13           had in previous Public Protection budget 

14           hearings, and we also had conversations on 

15           data as it relates to public safety, one of 

16           the things that I have heard in my former 

17           capacity as mayor of the City of Poughkeepsie 

18           for seven years was the inability to find 

19           secure beds in cases where individuals have 

20           been taken into custody and are being brought 

21           through the Family Court system now because 

22           of Raise the Age.  

23                  And in one particular case, an 

24           individual who was charged with three gun 


                                                                   92

 1           crimes and there was inability to find a 

 2           secure bed in two of those cases.

 3                  And I know that in the Governor's 

 4           proposed budget there is additional upgrades 

 5           for capital costs for OCFS facilities.  And I 

 6           know also, too, probably during the pandemic 

 7           a lot of this building was not taking place 

 8           because of all the restrictions that 

 9           everybody found themselves under.

10                  Commissioner, can you give us an 

11           update on where we are?  Because we have had, 

12           especially in the criminal justice system -- 

13           and OCA was here; I asked the same 

14           question -- where we're at with that?  

15                  ACTING COMMISSIONER MILES-GUSTAVE:  

16           Absolutely.  Thank you, Senator, for that 

17           question.  

18                  You're correct, the pandemic put a 

19           stop on much of our progress with respect to 

20           Raise the Age implementation.  And as you 

21           know, detention is a local obligation.  So we 

22           are working with all -- at this point it's 

23           six plus New York City, so seven counties 

24           that operate detention.  We have been talking 


                                                                   93

 1           with them since 2017.  But then the pandemic 

 2           hit.  And they all, by the way, had expansion 

 3           plans.  

 4                  So I think we all recognize that we 

 5           needed additional beds because Raise the Age 

 6           required that we open specialized secure 

 7           detention.  That didn't exist prior to the 

 8           law.  So all of these counties have expansion 

 9           plans that were pretty much put on hold.  

10                  So we do work with counties daily, we 

11           provide 24/7 support to counties, to 

12           sheriffs, to find beds where they don't exist 

13           sometimes.  But we often always find 

14           solutions for our counties.  

15                  But currently we are working with our 

16           partners' stock and expediting all of those 

17           capital plans.  Every single county that 

18           operates has a capital plan for expansion.  

19           They are all moving forward.  All told, 

20           within the next two to three years there 

21           should be 150 additional beds, based on all 

22           the plans from all the counties.

23                  SENATOR ROLISON:   So two to three 

24           years, if I understand the time frame.  And I 


                                                                   94

 1           would say that, you know, obviously the 

 2           challenge is real right now, you know, as 

 3           we're here today.  

 4                  And is it -- it might not necessarily 

 5           just be more money, it's just capacity in 

 6           trying to get these beds constructed.  What 

 7           about staffing as it relates to staffing the 

 8           new beds and/or the new facilities?  

 9                  ACTING COMMISSIONER MILES-GUSTAVE:  

10           Well, I'll tell you.  So two to three years 

11           is the capital timeline.  But we hope to have 

12           more beds open up way before then.  Because 

13           staffing also impacts the capacity issues.  

14           So some of our counties, coming directly out 

15           of COVID, have challenges in workforce just 

16           like every other industry.  

17                  So we are working with them, 

18           encouraging them to increase their salaries 

19           for this critical workforce.  And many 

20           counties have done so.  So there are some 

21           counties that have really good data on their 

22           vacancy rate increasing, and we have some 

23           counties that are operating detentions that 

24           have beds that they can't fill because they 


                                                                   95

 1           don't have staff.  

 2                  So we do think that the focusing on 

 3           the staffing will open up beds more quickly, 

 4           but then ultimately every county, as I said, 

 5           has a capital plan to expand their physical 

 6           footprint.  

 7                  SENATOR ROLISON:  Do you know -- and 

 8           if you don't, certainly we can talk offline 

 9           about this.  You talked about the additional 

10           150.  Do you know currently in the state what 

11           our bed capacity is for individuals that need 

12           to be remanded for safety reasons, both for 

13           themselves and also while they're, you know, 

14           awaiting their time through the system?

15                  ACTING COMMISSIONER MILES-GUSTAVE:  

16           Yes, I do, actually.  For secure and 

17           specialized secure -- there's additional 

18           nonsecure beds, which I don't have.  But for 

19           secure and specialized secure, New York City 

20           has about 212.  And the rest of the state -- 

21           I'll get back to you.  I think it's 179, but 

22           I'll get back to you on that.

23                  SENATOR ROLISON:  Okay, good.  And 

24           thank you for your discussion with us here 


                                                                   96

 1           today.

 2                  ACTING COMMISSIONER MILES-GUSTAVE:  No 

 3           problem.  Thank you.

 4                  CHAIRWOMAN KRUEGER:  Thank you.

 5                  Assembly.  

 6                  CHAIRWOMAN WEINSTEIN:  We go to 

 7           Assemblyman Goodell, for three minutes.

 8                  ASSEMBLYMAN GOODELL:  Thank you very 

 9           much.  

10                  For OTDA, thank you very much.  I saw 

11           in your testimony that you recognized the 

12           fiscal cliff and one of the proposals you had 

13           was a six-month income disregard, which I 

14           think is great.  So it helps people get their 

15           feet on the ground and establish some 

16           employment experience before they start 

17           losing benefits.  

18                  But at the end of six months, you have 

19           the same fiscal cliff facing you.  Is there 

20           anything in this budget that would phase down 

21           the benefits on a coordinated basis so that a 

22           person can afford to earn more money after 

23           the six months?  

24                  And along the same lines, is there any 


                                                                   97

 1           proposal in this budget to, for example, 

 2           reduce the premium charge once you lose 

 3           Medicaid and you go into the health exchange, 

 4           any discussion about changing the Earned 

 5           Income Tax Credit so it can jump, for 

 6           example, at fiscal cliffs?  Or maybe even 

 7           replacing categorical aid with cash, which is 

 8           much easier to phase down. 

 9                  So other than the six-month extension, 

10           what in your budget proposal addresses the 

11           fiscal cliff?

12                  OTDA COMMISSIONER TIETZ:  Well, 

13           Assemblymember, you came with a whole list of 

14           ideas.  I appreciate that.

15                  So I'll note that in the last budget 

16           of course you made some important changes 

17           with regard to public assistance so that 

18           folks could in fact have higher earnings and 

19           remain on public assistance.  So this is 

20           taken together with that.  

21                  I appreciate your concerns about, you 

22           know, more is needed here.  And certainly I 

23           would leave to the Legislature and the 

24           Governor on what exactly more might be useful 


                                                                   98

 1           or needed.

 2                  With regard to tax credits, I think 

 3           maybe it's relevant to some degree to the 

 4           work of the Child Poverty Reduction 

 5           Advisory Council, which I cochair with 

 6           Deputy Secretary Jihoon Kim.  You know, there 

 7           were -- you know, we just have pulled that 

 8           together, had the first couple of meetings, 

 9           we expect the third meeting in early March.  

10           And, you know, in a careful look using data 

11           and New York-specific research, we're going 

12           to come with recommendations, as charged by 

13           the statute.  And I would expect that tax 

14           credits would likely be a part of that 

15           discussion when the time comes.

16                  Unfortunately, in advance of this 

17           budget, we're not there yet.

18                  ASSEMBLYMAN GOODELL:  And I appreciate 

19           your efforts with the Child Poverty Reduction 

20           Task Force.  

21                  So I would hope as part of that you 

22           also look at the impact of our current cash 

23           system as it relates to two-parent families.  

24           Because as you know, if both parents are 


                                                                   99

 1           together, 100 percent of both parents' income 

 2           is included in calculating eligibility.  But 

 3           if the parents are separated, the 

 4           noncustodial parent only has that portion of 

 5           their income that's attributable to childcare 

 6           counted.  So it's 17 percent for one child, 

 7           24 percent for two, and so on.

 8                  It might make long-term sense to us to 

 9           expand the income disregard regardless of 

10           whether you're together or not, as a way of 

11           addressing child poverty.

12                  OTDA COMMISSIONER TIETZ:  Appreciate 

13           it.

14                  CHAIRWOMAN WEINSTEIN:  Thank you.

15                  To the Senate.  

16                  CHAIRWOMAN KRUEGER:  Thank you.  

17                  Senator Gounardes.

18                  SENATOR GOUNARDES:  Thank you.  

19                  Good morning.  I actually want to pick 

20           up where my colleague just left off on 

21           talking about child poverty.  

22                  Obviously we're waiting for the 

23           recommendations of the Action Council.  We 

24           know we're required by law to have our child 


                                                                   100

 1           poverty rate halved by 50 percent over the 

 2           next seven or eight years.  And by any 

 3           objective measure, we know that any way to do 

 4           that's going to require a substantial 

 5           increase in child tax credits or in funding 

 6           families so they can pay for their 

 7           necessities.  

 8                  Setting that aside, because we know 

 9           that it's not in this budget, what in this 

10           budget proposal -- and this is for both of 

11           you -- can we point to that will actually 

12           help tackle the child poverty crisis that we 

13           have here in New York, where we are one of 

14           the highest-poverty states in the nation for 

15           children living in poverty.

16                  What in this budget proposal can you 

17           point to that would help do that, aside from 

18           the lack of investment in the child tax 

19           credit?

20                  OTDA COMMISSIONER TIETZ:  My fellow 

21           commissioner just said that I should start.

22                  (Laughter.)

23                  SENATOR GOUNARDES:  Eeny, meeny, miny, 

24           moe.


                                                                   101

 1                  OTDA COMMISSIONER TIETZ:  So, look, 

 2           I'd say that there are a few things.  One is, 

 3           of course, adjusting the minimum wage and 

 4           tacking it to inflation.  To the degree that 

 5           folks can earn more money, it goes a long 

 6           ways here.

 7                  In addition, we've got a number of 

 8           options here.  Certainly there are resources 

 9           to prevent homelessness that we've got on the 

10           table which are pretty substantial.  The 

11           Governor's housing proposals, that new 

12           housing compact to build 800,000 units.  

13           There are a host of items like that in this 

14           budget that, while maybe not specifically in 

15           my budget, would in fact have an impact on 

16           low-income households.

17                  SENATOR GOUNARDES:  Okay, thank you.  

18                  Commissioner?

19                  ACTING COMMISSIONER MILES-GUSTAVE:  

20           Yes, thank you.  Thank you for that question.  

21                  I can add that for quite some time 

22           OCFS has been investigating the intersection 

23           between poverty and child welfare.  And we 

24           know that poverty and loss of income and 


                                                                   102

 1           material hardships have -- are the greatest 

 2           predictors, quite frankly, of the risk of a 

 3           family's involvement in the child welfare 

 4           system.  So we've been looking at 

 5           anti-poverty tools for quite some time.  We 

 6           are so happy to be part of the advisory 

 7           council and look forward to those 

 8           recommendations.

 9                  But outside of that, we've been 

10           focusing on prevention, and most of the time 

11           those prevention dollars are provided as 

12           services to families.  However, in our 

13           Child Welfare Unit, we are doing really 

14           innovative and creative things and looking at 

15           economic and concrete supports as a way to 

16           mitigate child welfare involvement.  We have 

17           a direct --

18                  SENATOR GOUNARDES:  Commissioner, I'm 

19           going to have to cut you off there because I 

20           have one more question and 30 seconds.  I 

21           appreciate it, though, and I'll follow up 

22           with you more on those ideas.

23                  ACTING COMMISSIONER MILES-GUSTAVE:  

24           Absolutely.


                                                                   103

 1                  SENATOR GOUNARDES:  This question is 

 2           for Commissioner Tietz, and it's about our 

 3           shelter allowance.  It's my understanding all 

 4           of our local social service districts can 

 5           choose to propose to increase their shelter 

 6           allowance from the bare minimum, and only a 

 7           number have -- I think only about 20 or so 

 8           have so far in this state.

 9                  And I was wondering if you have any 

10           insight as to why more jurisdictions have not 

11           taken advantage of the opportunity to 

12           increase their shelter allowance, especially 

13           given that the state picks up the lion's 

14           share of that investment.

15                  CHAIRWOMAN KRUEGER:  You're out of 

16           time; you'll have to answer him later.

17                  OTDA COMMISSIONER TIETZ:  All right.

18                  CHAIRWOMAN WEINSTEIN:  We go to 

19           Assemblywoman Lunsford.

20                  ASSEMBLYWOMAN LUNSFORD:  Thank you 

21           very much.

22                  My question is for Commissioner 

23           Miles-Gustave.

24                  OPWDD has been delegating much of its 


                                                                   104

 1           responsibility for our most profoundly 

 2           disabled children, the ones that are not 

 3           adequately served by our school system, to 

 4           OCFS, and mainly our county CPS services.  As 

 5           a result of this, children with profound 

 6           disabilities have been effectively living in 

 7           our emergency rooms, sometimes for months on 

 8           end.  

 9                  Can you talk a little bit about how 

10           that's been a burden on your agency, on our 

11           county CPS services, and what if anything 

12           this budget does to help address that issue?

13                  ACTING COMMISSIONER MILES-GUSTAVE:  

14           Thank you so much for that question.

15                  So we do see this issue coming up year 

16           over year over year.  But I will say that we 

17           have been collaborating, as state agencies, 

18           more now than I think I've ever seen.  So we 

19           are in constant conversation with OMH and 

20           OPWDD and DOH to figure out not only funding 

21           streams but potentially even new licensing 

22           structures.  Like how can we help and support 

23           these youth with very complex needs?  

24           Particularly coming out of COVID, like the 


                                                                   105

 1           mental health needs are stunning. 

 2                  So we are in constant contact with 

 3           OPWDD.  We do know that child welfare is the 

 4           system of last resort, unfortunately.  But I 

 5           think the recognition of that is there.  

 6                  And as you know, we have a 

 7           cross-systems workgroup with our Council on 

 8           Children and Families.  We look at, case by 

 9           case, children in the emergency room to try 

10           to figure out what the next path is for their 

11           permanency.  So we look at every child and, 

12           you know, try not to let any child fall 

13           through the cracks.  But we are looking to 

14           systematize that -- that cross-collaboration 

15           with respect to the potentially new funding 

16           streams or new licensing structures.

17                  So there's no specific funding in the 

18           budget right now, but we've been known at 

19           OCFS to use our existing funding quite 

20           creatively.  So we're committed to trying to 

21           solve this problem.

22                  ASSEMBLYWOMAN LUNSFORD:  I think this 

23           is a case that illustrates well the need to 

24           start to blend some of our funding streams.  


                                                                   106

 1           Particularly when you have these children who 

 2           have funds that come from different agencies, 

 3           it becomes very complicated, the 

 4           administrative cost is very high. 

 5                  To that end, I also wanted to ask you 

 6           a little bit about the $17 million for 

 7           voluntary foster care agencies.  Can you 

 8           speak a little bit about the loss of the 

 9           Medicaid funding for that and what you're 

10           doing to help alleviate that issue?

11                  ACTING COMMISSIONER MILES-GUSTAVE:  

12           Absolutely.  Thank you.

13                  So the IMD concern -- IMD stands for 

14           Institutions of Mental Disease.  It's a 

15           federal Medicaid concern.  And so I'll make a 

16           very long story short.  But IMD facilities 

17           are 17 beds or more, where the primary focus 

18           is to diagnose and treat for mental disease.

19                  In us rolling out Family First, our 

20           volunteer agencies have increased their level 

21           of care.  They had to do that to continue to 

22           receive Title IV-E funding.  So we're at a 

23           point right now where some of our voluntary 

24           foster care agencies could potentially be 


                                                                   107

 1           considered IMDs, and then they would no 

 2           longer be able to draw down federal matching 

 3           funds.  

 4                  So the Governor recognized this.  This 

 5           is a problem.  We are talking with our 

 6           partners at DOH.  We've been talking with 

 7           them for quite some time.  And so we're going 

 8           to solve this problem.  But the 17 million in 

 9           the budget is a recognition that this may be 

10           an opportunity to transform our system.  And 

11           our voluntary agencies need investment to do 

12           so.  So that 17 million will go in a variety 

13           of ways -- to hire more staff or make 

14           programmatic changes or even some structural 

15           changes to bypass the IMD definition.

16                  ASSEMBLYWOMAN LUNSFORD:  Thank you.

17                  CHAIRWOMAN WEINSTEIN:  Thank you.

18                  To the Senate.

19                  CHAIRWOMAN KRUEGER:  Thank you very 

20           much.

21                  To Senator Jessica Scarcella-Spanton.

22                  SENATOR SCARCELLA-SPANTON:  Thank you.

23                  And I want to make sure I don't say 

24           this incorrectly, so Commissioner 


                                                                   108

 1           Miles-Gustave.

 2                  ACTING COMMISSIONER MILES-GUSTAVE:  

 3           Yes, thank you.

 4                  SENATOR SCARCELLA-SPANTON:  Okay, 

 5           good.  Fellow hyphenated names.

 6                  (Laughter.)

 7                  SENATOR SCARCELLA-SPANTON:  I just 

 8           want to bounce back to the childcare stuff 

 9           really quick.  

10                  In November it was announced, after 

11           the childcare desert funds had dried up, that 

12           they were going to make the unused funds 

13           available.  We have a few facilities in my 

14           district, one specifically which is expanding 

15           her daycare facility --

16                  CHAIRWOMAN KRUEGER:  Jessica, I'm 

17           sorry, you only get three minutes on this 

18           panel.  You do get 10 minutes a little later.  

19           Sorry.  Thank you.

20                  SENATOR SCARCELLA-SPANTON:  Yeah, that 

21           one I knew.

22                  (Laughter.)

23                  SENATOR SCARCELLA-SPANTON:  Oh, they 

24           put it -- okay.


                                                                   109

 1                  So yeah, for the childcare desert 

 2           funds.  One of them, they let her know that 

 3           they were going to make them available and 

 4           they'll let those eligible providers know.  

 5           She's in the process of reopening a new 

 6           facility.  Do you know when those grants, 

 7           those childcare desert grants, may be made 

 8           eligible again?

 9                  ACTING COMMISSIONER MILES-GUSTAVE:  

10           Sure.  So our -- we had two specific RFPs.  

11           So Childcare Desert 1 was for new providers 

12           who wanted to open up new spaces in childcare 

13           deserts.  So those have been pre-awarded, and 

14           people are working towards getting up and 

15           running.

16                  Childcare Desert 2 is for existing 

17           providers who wanted to expand their slots.  

18           So those have also been pre-awarded, but the 

19           pre-awards are working towards getting the 

20           licensure necessary to open up those 

21           additional spots.  

22                  So I don't think we've made awards to 

23           the second group, that Childcare 2, but we 

24           can definitely get back to you.  If you know 


                                                                   110

 1           someone in your -- one of your constituents 

 2           was waiting for an answer, we can for sure 

 3           get back to you.  But all that is moving.

 4                  SENATOR SCARCELLA-SPANTON:  Okay, 

 5           great.  And I guess my second question to 

 6           that was if you're doing more than just 

 7           expanding slots, so she's opening an actual 

 8           second facility nearby, same childcare 

 9           desert, to expand care, would she be eligible 

10           for that?  Since she's not technically new 

11           and she's opening a new facility.

12                  ACTING COMMISSIONER MILES-GUSTAVE:  It 

13           would depend on her modality of care, if she 

14           was a center versus family-based.  So we 

15           would have to look at that specific scenario.

16                  SENATOR SCARCELLA-SPANTON:  Okay.  So 

17           I'll make sure I send the specifics over to 

18           you.  But thank you so much.

19                  ACTING COMMISSIONER MILES-GUSTAVE:  No 

20           problem.

21                  CHAIRWOMAN KRUEGER:  Thank you.

22                  Assembly.

23                  CHAIRWOMAN WEINSTEIN:  We go to 

24           Assemblyman Simone.  You need someone to give 


                                                                   111

 1           you a chair.  Thank you.

 2                  ASSEMBLYMAN SIMONE:  Hi, I have two 

 3           questions, the first question for 

 4           Commissioner Tietz.  Hi, Dan.

 5                  I thank the Governor for the 

 6           significant investment to assist New York 

 7           City providing aid to asylum seekers, many 

 8           who come to the Port Authority in my 

 9           district.  Is your office also advocating for 

10           additional federal aid and relief in the city 

11           and across the state, and can the city count 

12           on additional support?

13                  OTDA COMMISSIONER TIETZ:  So -- I 

14           appreciate the question.  The budget 

15           contemplated essentially covering a third of 

16           the estimated cost.  And certainly the 

17           Governor and governors from other states that 

18           are so affected are speaking to the 

19           White House and continuing to urge additional 

20           funding and resources in coordination with 

21           regard to migrants.  So that -- that is 

22           ongoing.  

23                  I think at the present moment the idea 

24           was that essentially at the existing social 


                                                                   112

 1           services share, as split between districts 

 2           and the state, we sort of kept to that 

 3           formula.  So the sort of sheltering and 

 4           services related cost here represents about 

 5           29 percent of the estimate for the city's 

 6           expense to date.

 7                  ASSEMBLYMAN SIMONE:  This is for 

 8           Commissioner Miles-Gustave.  

 9                  Students are going to be recovering 

10           from the COVID learning gap for years to 

11           come.  I often hear from after-school 

12           programs on lack of funding in my district.  

13           How does the budget reconcile filling that 

14           need while offering no increases in the 

15           Empire State After School Program and cutting 

16           the Advantage Program by 5 million?

17                  ACTING COMMISSIONER MILES-GUSTAVE:  So 

18           there is no actual cut in the -- either 

19           Advantage or Empire.  What the budget does 

20           this year, it proposes to move the funding 

21           from SED to OCFS, because we are in fact 

22           operating those programs.  We facilitate all 

23           the contracts, we do them ourselves in-house.  

24                  So the Advantage After School and 


                                                                   113

 1           Empire contracts have been troubled because 

 2           of COVID.  Things shut down, as you know.  

 3           But we have been working with all of our 

 4           providers to try to get them back on track.  

 5           Like we had to be slightly nimble during the 

 6           pandemic, and the contract framework changed 

 7           from, say, an expenditure base to an 

 8           attendance base.  But now, with talking with 

 9           the advocates, talking to providers, and at 

10           their request, we are transitioning those 

11           contracts back to expenditure-based.

12                  So those providers are in the middle 

13           of a contract amendment right now.  And trust 

14           me, we have tons of people at our office 

15           working on this to make sure that those 

16           payments get out.

17                  ASSEMBLYMAN SIMONE:  Thank you.

18                  CHAIRWOMAN WEINSTEIN:  Senate?

19                  CHAIRWOMAN KRUEGER:  Thank you.

20                  Senator Persaud for three minutes, 

21           follow-up.

22                  SENATOR PERSAUD:  Thank you.

23                  Commissioner Tietz, I just want to go 

24           back to you again.  Could you tell us what of 


                                                                   114

 1           the $1 billion that's covering the migrant 

 2           services, the funding that's allocated to the 

 3           National Guard, could you tell us what it's 

 4           covering?  What is it that the National Guard 

 5           is doing with that funding?

 6                  OTDA COMMISSIONER TIETZ:  Yeah, 

 7           they're actually supplying National Guard 

 8           troops to assist with the sheltering and 

 9           services in New York City.  So there's 

10           approximately 900 National Guard troops right 

11           now serving, and that represents the cost of 

12           that service.  They don't do security, they 

13           do program-related work.  

14                  In fact, I think I was in your 

15           district the other day visiting just one of 

16           those locations, and I have to say that the 

17           National Guard troop that was in charge there 

18           was frankly extraordinary.  I was like, do 

19           you want a different job?  I can give you a 

20           different job.

21                  (Laughter.)

22                  OTDA COMMISSIONER TIETZ:  He was quite 

23           good.  I was very impressed.

24                  SENATOR PERSAUD:  Okay.  And can you 


                                                                   115

 1           tell us, what is the status of the 

 2           applications to the federal government for 

 3           the hot meals program?

 4                  OTDA COMMISSIONER TIETZ:  Yes, we are 

 5           expecting -- the application is in to them 

 6           for review.  We expect to hear something 

 7           soon.

 8                  SENATOR PERSAUD:  Like in a month, two 

 9           months?

10                  OTDA COMMISSIONER TIETZ:  Yeah, I 

11           would say within the --

12                  SENATOR PERSAUD:  The end of the year?

13                  OTDA COMMISSIONER TIETZ:  No, no, I 

14           think -- I think within the next 60 days we 

15           can expect to have an answer, yeah.

16                  SENATOR PERSAUD:  Okay.  And if the -- 

17           I'm not saying "if."  When our application is 

18           approved, how long do you think the program 

19           will take to roll out?

20                  OTDA COMMISSIONER TIETZ:  It's well in 

21           order.  I would say that we've got a staffer 

22           who you know well who is a go-getter on this, 

23           and I expect that we'll have this up and 

24           ready very quickly.


                                                                   116

 1                  SENATOR PERSAUD:  Okay, thank you.

 2                  And Commissioner Suzanne, again, I'm 

 3           finally coming to you to ask you a question.  

 4           It's about the minimum wage.  

 5                  And you heard me talk about the COLA.  

 6           What are you going to do for -- to push for 

 7           an increase in the COLA on your side?  

 8                  And, you know, we have the 

 9           $3.8 million to fund the minimum wage 

10           increase, but that's not enough, because we 

11           are -- we're bringing these workers, these 

12           critical workers, up to a minimum wage, but 

13           they're still dependent on social services.  

14           What are we doing for that?

15                  ACTING COMMISSIONER MILES-GUSTAVE: 

16           Thank you for that question, Senator.  I know 

17           every industry's workforce is suffering.  

18           That is without a doubt.

19                  I do know that -- if you recall, 

20           several administrations ago, right, there was 

21           no COLA.  So we are happy that there is a 

22           COLA, there was a COLA last year, and there 

23           is a COLA in the budget this year.  

24                  You know, I know that we all want more 


                                                                   117

 1           in the budget.  But the COLA that's applied 

 2           to the OCFS programs will support the 

 3           voluntary foster care agencies, and they went 

 4           through challenges last year as well.  The 

 5           good thing is that the budget also -- the 

 6           language in the appropriation recognizes like 

 7           the very unique nature of our foster care 

 8           agency rates.  So we're hoping that this will 

 9           be a benefit to them.

10                  SENATOR PERSAUD:  Thank you.

11                  I think I was cheated on my time.

12                  (Laughter.)

13                  ACTING COMMISSIONER MILES-GUSTAVE:  

14           Thank you.

15                  CHAIRWOMAN KRUEGER:  Thank you.

16                  Assembly.

17                  CHAIRWOMAN WEINSTEIN:  We go to 

18           Assemblywoman Clark.

19                  ASSEMBLYWOMAN CLARK:  Hello.  Thank 

20           you.  My questions are also for Commissioner 

21           Miles-Gustave.

22                  ACTING COMMISSIONER MILES-GUSTAVE:  

23           Gus-tauv, no "ay."

24                  ASSEMBLYWOMAN CLARK:  No "ay," 


                                                                   118

 1           Gustave.  Got it.

 2                  So I have three quick questions on 

 3           childcare that I'm hoping I can get in.  

 4                  I'm really looking forward to the 

 5           Childcare Task Force meeting and finally 

 6           getting to their very tough job of figuring 

 7           out how to get us to universal childcare here 

 8           in the state.  What we have seen, I think, is 

 9           that right now we do have dollars in the 

10           system and they're still not being used.  

11           They're not being used by families, we have 

12           providers start closing their doors.

13                  I appreciate the investment into the 

14           workforce, but I just think these continued 

15           one-time investments or using these 

16           stabilization grants isn't sustainable.  

17           Truly if we're going to get sustainable, I 

18           think we need to get to the true cost of 

19           care, not market rate.  The previous 

20           governor -- we passed in the Assembly a move 

21           to true-cost care, allowing that to replace 

22           our market rate.  That was vetoed by the 

23           former governor. 

24                  Could we get support, if we get it 


                                                                   119

 1           through the Legislature, to move to a 

 2           true-cost model for New York so that we could 

 3           start to raise wages?

 4                  ACTING COMMISSIONER MILES-GUSTAVE:  

 5           Well, I can say that the market rate increase 

 6           I do think has been a significant increase 

 7           for all providers, like really cash in their 

 8           pockets.

 9                  And I would say that we honestly do 

10           need the federal government.  I mean, 

11           increasing wages, absolutely, we all want to 

12           do that.  But we need the federal government 

13           to pass that Build Back Better.

14                  ASSEMBLYWOMAN CLARK:  Okay.

15                  Second, I appreciate the also 

16           increased -- I mean, I do want to just say 

17           that we can't pay workforce more.  No one can 

18           afford to pay more.  Families can't afford to 

19           pay more.  So how are we sustaining wage 

20           increases without really looking at true 

21           cost?

22                  On the expansion of eligibility, I 

23           think it's great, but at 93,000 even for a 

24           family, what happens when that one parent 


                                                                   120

 1           makes a dollar more?  All of a sudden they go 

 2           from maybe paying $200 a month to $2,000 a 

 3           month -- we're going to lose that parent.  I 

 4           understand this is the federal maximum, but I 

 5           really think we need to start looking at 

 6           state funds to have step-downs so we don't 

 7           lose parents out of the workforce the moment 

 8           they make a dollar more than eligibility.  So 

 9           I'd just add that.

10                  And then as for the employer piece -- 

11           and what we've heard from our hospitals and 

12           other systems, our emergency workers, our 

13           front-line workers during COVID is we need 

14           24-hour drop-in centers.  We need childcare 

15           to work when overtime is all of a sudden 

16           offered.  

17                  Can we start to really look at how we 

18           pay through the subsidy system to make it 

19           follow the child and the family, not 

20           attendance, and really look at a way we could 

21           support these 24-hour drop-in centers?

22                  ACTING COMMISSIONER MILES-GUSTAVE:  So 

23           not aligned with our assistance, but aligned 

24           with our providers, we do have nontraditional 


                                                                   121

 1           hours, and that was an incentive in our 

 2           childcare desert grants.

 3                  CHAIRWOMAN WEINSTEIN:  Thank you.

 4                  Thank you, Commissioner.

 5                  We go to the Senate.  

 6                  CHAIRWOMAN KRUEGER:  Thank you.

 7                  We have Senator Ashby.

 8                  SENATOR ASHBY:  Thank you, 

 9           Madam Chair.  

10                  Thank you, Commissioners, for being 

11           here. 

12                  OCFS has a great innovative program 

13           with the family-type adult homes.  And I was 

14           wondering if you could give me a policy 

15           update with that, because one of the things 

16           that's come up in my district is the hospice 

17           waiver that goes along with that.  So you 

18           have elderly folks in place here who are used 

19           to this family-type adult home being their 

20           home, and then when they require hospice, 

21           there's a very big gap in terms of being able 

22           to remain in their home and receive treatment 

23           there.  

24                  And it's caused a bit of turmoil, and 


                                                                   122

 1           I'm wondering if you could give me an update 

 2           and comment on that.

 3                  ACTING COMMISSIONER MILES-GUSTAVE:  So 

 4           thank you for that question.

 5                  I'm not familiar with your specific 

 6           scenario, but I can say that our family-type 

 7           home for adults has been the topic of our 

 8           conversation with DOH for quite a bit.  So 

 9           we're collaborating with DOH to look at what 

10           is needed -- is there a need for a change in 

11           our licensing of our family-type homes for 

12           adults?  Because you're right, it is not 

13           supposed to be nursing level of care.  But we 

14           do want people to be able to age in their 

15           homes -- and that is really their home, for 

16           all intents and purposes -- gracefully and 

17           safely.

18                  So we can get back to you.  If you 

19           have a very specific scenario, I'm happy to 

20           get back to you.  

21                  But I also want to point out that you 

22           all know the Governor issued the executive 

23           order to create the Master Plan for Aging, 

24           the state's first Master Plan for Aging, with 


                                                                   123

 1           that exact purpose.  So the goal is to make 

 2           sure that we have our older population safe, 

 3           aging with dignity in their homes if that's 

 4           their choice.

 5                  So I sit on that council, so I'm very 

 6           proud my agency is represented.  So we look 

 7           forward to the recommendations from that 

 8           Master Plan for Aging Council.  Because I 

 9           think your point is well-taken; that is the 

10           goal.

11                  SENATOR ASHBY:  Yeah.  And I look 

12           forward to that as well.  But there is a 

13           sense of urgency here.  You know, this 

14           request has been out for over a year, and 

15           there are people who are suffering because of 

16           this gap in policy.  So I appreciate your 

17           time and attention to it.

18                  ACTING COMMISSIONER MILES-GUSTAVE:  

19           Thank you.

20                  CHAIRWOMAN KRUEGER:  Thank you.

21                  Assembly.

22                  CHAIRWOMAN WEINSTEIN:  We go to 

23           Assemblywoman Darling.

24                  ASSEMBLYWOMAN DARLING:  Hello.  Thank 


                                                                   124

 1           you, Commissioner and Acting Director, for 

 2           your work and your testimonies today.  

 3                  I'm Assemblywoman Taylor Darling, and 

 4           I represent the 18th Assembly District in 

 5           Nassau County.  I also currently serve as the 

 6           chair of the Subcommittee on Foster Care.

 7                  I'm grateful this year's budget 

 8           provides us some opportunities to attempt to 

 9           make the human services industries whole, but 

10           we have some serious issues that we have to 

11           really plan out this year.  So we must 

12           increase the salaries for foster care direct 

13           care workers.  At their current salaries, 

14           foster care direct care workers aren't able 

15           to live on the salary alone, requiring them 

16           to have multiple jobs.

17                  The turnover rate currently for these 

18           workers across the state is around 

19           50 percent.  This is disastrous for a lot of 

20           reasons, but we have to always stress the 

21           continuity of care that is necessary for our 

22           children and families, and we need these to 

23           increase positive outcomes.  So where we 

24           stand right now, there is not a lot positive 


                                                                   125

 1           happening in this industry with these workers 

 2           and the families they serve.

 3                  So I wanted to hear your thoughts 

 4           about the direct care workers.

 5                  ACTING COMMISSIONER MILES-GUSTAVE:  

 6           Thank you for that question.  

 7                  So I would agree that our foster care 

 8           population is also in crisis, that workforce 

 9           is in crisis.  And we do recognize that the 

10           voluntary agencies and the foster care 

11           workforce, they are the backbone of what we 

12           do.  Like they are the frontline workers of 

13           all of our work.

14                  So I think we've done a couple of 

15           things to help the industry -- not only just 

16           foster care workers that work in congregate 

17           settings, but foster boarding homes, like 

18           foster families.  So we have raised the MSAR 

19           for foster family boarding homes.  And you 

20           may have noticed we had a settlement last 

21           year where we required the local districts to 

22           pay 100 percent of the MSAR for foster 

23           boarding homes.  So that's coming I think 

24           full circle this year.


                                                                   126

 1                  And then we did promise that we'd also 

 2           release an extraordinary rate, which would 

 3           provide foster parents with a higher rate to 

 4           support youth with complex needs so those 

 5           youth can still remain in that foster home.  

 6           So that extraordinary rate regulation will be 

 7           issued pretty soon.  That was the third part 

 8           of our settlement promise.  

 9                  So those rates will be out shortly.  

10           We plan to follow that up with some policy.  

11           So that's what we're doing on the foster 

12           boarding home side.

13                  ASSEMBLYWOMAN DARLING:  Great.  

14                  Okay, I have two more questions.

15                  ACTING COMMISSIONER MILES-GUSTAVE:  

16           Sure.

17                  ASSEMBLYWOMAN DARLING:  I'm concerned 

18           about the restoration of the 65/35 child 

19           welfare funding to 75/25, as well as OCFS's 

20           shift from mandated reporting to mandated 

21           supporting.

22                  ACTING COMMISSIONER MILES-GUSTAVE:  So 

23           the 62/38 open-ended funding -- as you've 

24           mentioned, just landmark funding -- with your 


                                                                   127

 1           unwavering support, we were able to issue 

 2           that.  

 3                  It's been one of the major tools for 

 4           the reduction in the foster care numbers.  

 5           Because counties use this open-ended funding 

 6           stream, New York has one of the lowest foster 

 7           care admission rates in the country.  And we 

 8           do point to that funding stream for the 

 9           field.

10                  CHAIRWOMAN WEINSTEIN:  Thank you.

11                  To the Senate.  

12                  CHAIRWOMAN KRUEGER:  Thank you.

13                  Three minute follow-up for Chair 

14           Jabari Brisport.

15                  SENATOR BRISPORT:  Thank you.

16                  Thank you, Commissioner Miles-Gustave.  

17           I know we've been all figuring that today.  

18           But a pleasure.  Thanks for taking my 

19           questions again.

20                  I think my first just follow-up about 

21           the Governor's pilot program, the tri-share 

22           program between the state, employer and 

23           parent -- we've seen issues with tying 

24           healthcare to people's jobs, including but 


                                                                   128

 1           not limited to people staying in jobs that 

 2           are not good for them or that they don't like 

 3           because they want to keep their healthcare.

 4                  Do you see any similar issues coming 

 5           up with tying childcare to somebody's current 

 6           specific employment?

 7                  ACTING COMMISSIONER MILES-GUSTAVE:  I 

 8           mean, I see your point.  But I think it's 

 9           just an incentive.  

10                  I don't see it as a negative, I see it 

11           as more of a positive than anything else, 

12           because there's so many industries that do 

13           not even recognize the importance of 

14           childcare.  So these employers will not only 

15           recognize the importance but invest in their 

16           employees.  So I do believe the good would 

17           outweigh the bad here.

18                  SENATOR BRISPORT:  Okay, thank you.

19                  And my second question is just about 

20           uptake rates.  You know, in the Governor's 

21           proposal she talks about how many more 

22           children will become eligible, but the number 

23           that is eligible is not the number that 

24           participates.


                                                                   129

 1                  What's the current uptake rate for 

 2           childcare assistance in New York?

 3                  ACTING COMMISSIONER MILES-GUSTAVE:  So 

 4           there are 100,000 families that are eligible 

 5           for subsidy.  About 66,000 get it every 

 6           month.  Annualized was 100,000.

 7                  So no, we do have a lot of work to do 

 8           to get that number up.  And I do think that 

 9           the streamlining of the application and 

10           making things more electronic and accessible 

11           will increase that.

12                  SENATOR BRISPORT:  I like 

13           streamlining.  I think eliminating 

14           means-testing in general would be the best 

15           way to streamline.  

16                  But in addition to streamlining the 

17           application there's also the issue of not 

18           enough providers, right?  So while waiting 

19           lists -- does OCFS keep a list of how many 

20           kids are on waiting lists to even get 

21           childcare around the state?

22                  ACTING COMMISSIONER MILES-GUSTAVE:  So 

23           my understanding is that there are no 

24           waitlists around the state.  Counties don't 


                                                                   130

 1           have waitlists anymore.  It was more money to 

 2           open cases.  And granted, a lot of providers 

 3           have low enrollment because we're still 

 4           coming out of the pandemic.  

 5                  So I think ultimately we need more 

 6           childcare spots, absolutely.  We have 

 7           deserts.  So those deserts are being filled 

 8           right now.  But there are many providers that 

 9           are out there that have open spots.  

10                  So we don't keep private-sector 

11           waitlists.  I'm sure there are some daycare 

12           centers in New York City that have waitlists.  

13           But OCFS wouldn't keep that.

14                  As far as waitlists for subsidy, local 

15           districts don't have waitlists.  There are no 

16           waitlists for any local districts that I know 

17           of.

18                  SENATOR BRISPORT:  Okay, I wish you 

19           had attended our hearing on the childcare 

20           crisis a few weeks ago.  You would have heard 

21           providers saying that they've never seen 

22           their waitlists so long in the history of 

23           their time being a provider.

24                  My last thing is in terms of child 


                                                                   131

 1           welfare, New York State is still continuing 

 2           to fail to reimburse counties at the 

 3           statutorily required 65 percent.  We're still 

 4           doing 62 percent.  Why is that?

 5                  ACTING COMMISSIONER MILES-GUSTAVE:  

 6           Well, 62/38 I believe is in the 

 7           appropriations.  So that's the share that 

 8           gets appropriated year after year.

 9                  SENATOR BRISPORT:  But do you think we 

10           lose and do decreased services from doing 

11           less than 65 percent?

12                  CHAIRWOMAN KRUEGER:  You'll have to 

13           follow up with him afterwards, sorry.

14                  And everyone, remember, when you get a 

15           clock, it's both for you to ask and for your 

16           testifiers to answer.  So testifiers, we're 

17           hoping that you will follow up in writing on 

18           questions you couldn't answer.  

19                  And if you get them to both Helene and 

20           myself, we will make sure to get them to all 

21           committee members.  Thank you.

22                  CHAIRWOMAN WEINSTEIN:  Thank you.

23                  We go to Assemblywoman Forrest for 

24           three minutes.


                                                                   132

 1                  ASSEMBLYWOMAN FORREST:  Thank you.

 2                  My question -- thank you, 

 3           Commissioners.  My question is for 

 4           Commissioner -- I'm not going to mess it up, 

 5           I promise -- Miles-Gustave.

 6                  ACTING COMMISSIONER MILES-GUSTAVE:  

 7           Thank you.

 8                  ASSEMBLYWOMAN FORREST:  Okay.  Just a 

 9           question on the stabilization grants, right?  

10                  The stabilization grants two years ago 

11           were around $1 billion, and we lost childcare 

12           providers.  Right?  Will this year's proposal 

13           of 389 million stabilize the sector?

14                  ACTING COMMISSIONER MILES-GUSTAVE:  

15           Thank you for your question.

16                  I think it will help.  I think the 

17           $1 billion stabilization was in the height of 

18           the pandemic, when we knew we couldn't have 

19           childcare providers close even when schools 

20           were closed.  So that was a critical lifeline 

21           for our community of providers.

22                  And then last year's Stabilization 

23           2.0, we've been hearing from providers that 

24           helped a lot.  A majority of that 


                                                                   133

 1           stabilization incentive went towards 

 2           workforce.  

 3                  So I do think this Round 3 will help.  

 4           We do have limited pandemic funds, so we're 

 5           using the remaining funds just -- wisely.

 6                  ASSEMBLYWOMAN FORREST:  Okay.  But we 

 7           lost with 1 billion, and now we're going to 

 8           be okay with 398 million.  Okay.

 9                  My next question for you is regarding 

10           the data matching for children's benefits.  

11           We had talked about it in the hearing over 

12           the fall at the public assistance hearing.  

13           But in the Governor's State of the State she 

14           mentioned data matching for children's 

15           benefits.  However, her actual written budget 

16           doesn't have anything regarding that.

17                  Can you tell us more about this 

18           program for data matching for children's 

19           benefits?  What would that mean for our 

20           programs, and maybe the programs for other 

21           vulnerable populations such as older adults?

22                  ACTING COMMISSIONER MILES-GUSTAVE:  Is 

23           that for Commissioner Tietz?  I'm sorry.

24                  ASSEMBLYWOMAN FORREST:  No, it's for 


                                                                   134

 1           you, yes.

 2                  ACTING COMMISSIONER MILES-GUSTAVE:  

 3           Oh.  I don't understand the question.  Data 

 4           matching for --

 5                  ASSEMBLYWOMAN FORREST:  So data 

 6           matching would be where if someone puts in 

 7           information about this program SNAP, it would 

 8           then populate and be able to say for --

 9                  OTDA COMMISSIONER TIETZ:  Okay.

10                  ASSEMBLYWOMAN FORREST:  Oh, he's -- I 

11           thought it was for you.  I really was --

12                  OTDA COMMISSIONER TIETZ:  I apologize.

13                  CHAIRWOMAN KRUEGER:  OTDA does SNAP.

14                  OTDA COMMISSIONER TIETZ:  Yes.

15                  So yes, there actually is a unified 

16           application now.  It does that now.  

17                  So outside of New York City -- so 

18           New York City has New York City Access, which 

19           does much the same thing -- but if you put 

20           in, you know, you apply for SNAP or you apply 

21           for public assistance, you apply for 

22           Medicaid, there is -- it's shared.  So 

23           there's a single application now.

24                  ASSEMBLYWOMAN FORREST:  Have you heard 


                                                                   135

 1           any reports on the effectiveness of this 

 2           single application?  Because even in New York 

 3           City it has hiccups, but ...

 4                  OTDA COMMISSIONER TIETZ:  Yeah, I 

 5           won't suggest this is perfect.  I mean, I'll 

 6           note that the integrated eligibility system, 

 7           which we're working on now, and I think the 

 8           first bits will roll out in about three and a 

 9           half years, will do this much better.

10                  But yes, we're all heading in that 

11           direction.

12                  ASSEMBLYWOMAN FORREST:  Thank you, 

13           Commissioners.

14                  CHAIRWOMAN WEINSTEIN:  Thank you.

15                  To the Senate.

16                  CHAIRWOMAN KRUEGER:  Thank you.

17                  I think I'm the last Senator, so to 

18           speak.

19                  So going back to the migrant services 

20           and assistance money that the Governor put in 

21           her budget, so is it a billion dollars for 

22           New York City -- oh --

23                  CHAIRWOMAN WEINSTEIN:  Ten minutes on 

24           the clock for Senator Krueger.


                                                                   136

 1                  CHAIRWOMAN KRUEGER:  Thanks.

 2                  Is it a billion dollars for New York 

 3           City or statewide?

 4                  OTDA COMMISSIONER TIETZ:  It's largely 

 5           for New York City.  

 6                  So it's a billion dollars.  The vast 

 7           majority of it, some 75 percent of that money 

 8           is in the same kind of reimbursement that the 

 9           city knows well for shelter and services.  So 

10           that's the biggest chunk of it.

11                  Some of this is in-kind, but it's 

12           all -- even that in-kind is for New York 

13           City.  So that's referencing some Medicaid 

14           costs and some National Guard costs and what 

15           have you.

16                  The only portion of this which is 

17           somewhat arguably not New York City is the 

18           $25 million for resettlement.

19                  CHAIRWOMAN KRUEGER:  So when my 

20           paperwork says that 741 million of this 

21           billion is used to provide New York City with 

22           29 percent reimbursement for supportive 

23           services and assistance, my mayor is telling 

24           me that the costs are radically higher 


                                                                   137

 1           already than what a third coming from the 

 2           state would be.  

 3                  So is this really -- you're going to 

 4           pay 29 percent of supportive services and 

 5           assistance, so it could be more than 

 6           741 million in order to get to that -- keep 

 7           at that 29 percent level?

 8                  OTDA COMMISSIONER TIETZ:  The budget 

 9           proposes to spend 741 plus the existing 

10           $26 million to get to $767 million, for 

11           essentially 29 percent of the city's estimate 

12           for shelter costs from earlier in this state 

13           fiscal year through June of '24.  That's 

14           what's on offer here right now.

15                  CHAIRWOMAN KRUEGER:  So you've 

16           mentioned Medicaid costs and also safety net 

17           costs.  So those aren't really new dollars 

18           because they're for migrants, those are 

19           benefits that if you're eligible in New York 

20           State, you get them.  So we might see a 

21           projected increase in some costs because of 

22           this population.  

23                  But I don't think that should really 

24           be counted as migrant funds, do you?


                                                                   138

 1                  OTDA COMMISSIONER TIETZ:  To the 

 2           degree that that Medicaid expense is in fact 

 3           for migrants, I think that it could be fairly 

 4           counted in that billion dollars.

 5                  CHAIRWOMAN KRUEGER:  And what about 

 6           the safety net money?

 7                  OTDA COMMISSIONER TIETZ:  The same is 

 8           true there.

 9                  CHAIRWOMAN KRUEGER:  Why?  There's not 

10           a new program, safety net for migrants, is 

11           there?

12                  OTDA COMMISSIONER TIETZ:  No, but 

13           there is some tracking of course of migrants 

14           within the HRAs, right?  So doing the 

15           eligibility, they are now keeping track of 

16           who are -- you know, the piece of paper you 

17           come with.  Right?  So these are all 

18           documented migrants.  They're mostly asylum 

19           seekers.  They are paroled into the country.  

20           Based on that eligibility status they may or 

21           may not get safety net assistance.  That can 

22           be tracked.

23                  And so this represents a portion of 

24           that cost.


                                                                   139

 1                  CHAIRWOMAN KRUEGER:  So what I'm 

 2           trying to get at is trying to understand, of 

 3           the billion dollars defined as being for 

 4           migrant services in the budget, what 

 5           percentage of that billion is actually new 

 6           money versus dollars that would have been in 

 7           the budget anyway, we just call it something 

 8           different this year?

 9                  OTDA COMMISSIONER TIETZ:  I would say 

10           again that the vast majority is new money, if 

11           only because -- I mean, the 741 by itself is 

12           clearly new money.  It wouldn't otherwise be 

13           in this equation.  

14                  I'm happy to take a look further and 

15           answer your question maybe with greater 

16           detail, but I think it is fair to describe 

17           that billion dollars as largely new money.

18                  CHAIRWOMAN KRUEGER:  What are we 

19           paying the National Guard $162 million for?

20                  OTDA COMMISSIONER TIETZ:  I think it's 

21           covering the cost of the -- that personnel 

22           and their services for a lengthy period of 

23           time.  It's 900 --

24                  CHAIRWOMAN KRUEGER:  So current or 


                                                                   140

 1           going retroactive?

 2                  OTDA COMMISSIONER TIETZ:  Yeah, 

 3           it's -- it's current.  It's right through 

 4           that same period.  So this is essentially 

 5           looking at -- this is an estimate of how much 

 6           National Guard troops we would need to 

 7           continue to serve in the way in which they 

 8           are now.

 9                  CHAIRWOMAN KRUEGER:  Starting 

10           April 1st going forward, for the new year.

11                  OTDA COMMISSIONER TIETZ:  Yes.

12                  CHAIRWOMAN KRUEGER:  Does the state 

13           pay anything for them in the previous year?

14                  OTDA COMMISSIONER TIETZ:  I'm sorry?

15                  CHAIRWOMAN KRUEGER:  Did the state pay 

16           anything for their services for the current 

17           fiscal year?

18                  OTDA COMMISSIONER TIETZ:  I'm 

19           uncertain.  And we can certainly follow up 

20           with you on that.

21                  CHAIRWOMAN KRUEGER:  Okay.  And what 

22           happens if the city's costs just continue to 

23           grow and grow and grow for this population 

24           far beyond what's projected in the Governor's 


                                                                   141

 1           budget?

 2                  OTDA COMMISSIONER TIETZ:  I think it's 

 3           a very difficult equation all the way around.

 4                  Certainly we're concerned about the 

 5           capacity of the city to continue to take 

 6           migrants at this rate.  I think we're 

 7           hopeful -- you know, myself here at OTDA, my 

 8           sister state agencies and the city are 

 9           hopeful that with the changes that the 

10           federal government's made at the end of 

11           December, beginning of January, that we'd see 

12           a decrease in the number of migrants.

13                  I'll note that last week we saw a 

14           slight dip in terms of entrants to DHS or to 

15           HERCs.  So -- but for sure it will be 

16           challenging going forward, and we stand ready 

17           to assist further as needed.

18                  CHAIRWOMAN KRUEGER:  Because of the 

19           growth in the migrant population, there seems 

20           to be almost a triggered new set of problems 

21           for people who were in our homeless shelter 

22           system already -- I think partly because of 

23           just the volume of people, where they can 

24           possibly go, how many providers there are who 


                                                                   142

 1           actually can be in the business of operating 

 2           services within shelters and HERCs and 

 3           whatever else we call them next.

 4                  Does the state have any plan to help 

 5           us with that?  I know we don't have enough 

 6           not-for-profit service providers to take the 

 7           contracts even for the new shelters for the, 

 8           quote, unquote, traditional homeless 

 9           population.  So forget getting them to take 

10           on all these giant HERCs.  I mean, you 

11           know -- you're shaking your head yes because 

12           you also know this.

13                  OTDA COMMISSIONER TIETZ:  Yes.

14                  CHAIRWOMAN KRUEGER:  And you worked 

15           for the city previously, so I know you know 

16           this.

17                  How can the state be more helpful?  

18           Because this is really a growing crisis 

19           that's not going to go away tomorrow.

20                  OTDA COMMISSIONER TIETZ:  I would say 

21           that the National Guard troops' presence is 

22           vital at this moment.  It is 900 heads we 

23           wouldn't otherwise have.  

24                  You're exactly right that there's not 


                                                                   143

 1           a bottomless pit of nonprofit providers ready 

 2           and able, willing, right here, right now, to 

 3           staff up some new shelter.  The city is in 

 4           over 80 hotels.  The -- the -- rather than 

 5           traditional, how about nonmigrant shelter 

 6           residents -- actually there's been only a 

 7           slight uptick in this same period, mostly on 

 8           the families with children side.  So there's 

 9           maybe around 49,000.  But for migrants, the 

10           shelter census actually wouldn't be much 

11           changed from a year ago.

12                  But with, you know, some 21,000 in DHS 

13           and another 8,000 in HERCs that are overseen 

14           by the city's Health + Hospitals, it's -- 

15           it's become a serious challenge to operate 

16           the entire system.

17                  I'll frankly admit that I worry at 

18           times about the potential collapse of DHS.  

19           But for what was -- what we did with regard 

20           to the HERCs, which I'm very grateful for 

21           emergency services in New York City and 

22           New York State and for Health + Hospitals in 

23           stepping up to do what was necessary.  And I 

24           think, you know, with my other state 


                                                                   144

 1           colleagues, we will continue to step up as 

 2           necessary.

 3                  CHAIRWOMAN KRUEGER:  I am also very 

 4           grateful for all of their work.  I am just 

 5           afraid that there's just going to be, at some 

 6           point in the next few months, a total 

 7           breakdown of these systems because they can't 

 8           absorb and handle this many assignments at 

 9           one time.  So I share your appreciation, but 

10           I also -- I really feel like we are literally 

11           at the verge of just total chaos in trying to 

12           operate these programs.  And we need to come 

13           up with more ideas and more assistance for 

14           the City of New York on these issues.

15                  Now, I'm biased, obviously; I 

16           represent Manhattan, and everybody's in my 

17           island.  And I'm not saying they shouldn't 

18           be, I'm just saying we need a lot more help 

19           coming into the future. 

20                  I will give back my one minute.  Thank 

21           you.

22                  CHAIRWOMAN WEINSTEIN:  Thank you.

23                  We go to Assemblyman Gallahan, 

24           three minutes.


                                                                   145

 1                  ASSEMBLYMAN GALLAHAN:  Thank you, 

 2           Madam Chair. 

 3                  Thank you both for your testimony 

 4           today and all you do every day to make New 

 5           York a better place to live.

 6                  My question is for Commissioner Tietz 

 7           regarding ERAP and LRAP.  

 8                  We know that 225,000 checks have been 

 9           cut and that the application period ended on 

10           the 20th of January.  It's my understanding 

11           that only applicants who have applied through 

12           October 31, 2022, are being reviewed.  And 

13           will applicants after October 31, 2022, also 

14           be reviewed going forward?  

15                  OTDA COMMISSIONER TIETZ:  So we're 

16           reviewing applications received right through 

17           January 20.  We're currently paying for those 

18           that are otherwise eligible and approved 

19           through November 30.

20                  Looking at resources available, my 

21           expectation is that for the non-subsidized 

22           housing we'll be in the ballpark.

23                  ASSEMBLYMAN GALLAHAN:  Okay.  How much 

24           of the appropriated money from the fiscal 


                                                                   146

 1           year budget '23 has been awarded so far, and 

 2           how much is left?

 3                  OTDA COMMISSIONER TIETZ:  So I don't 

 4           know off the top of my head in terms of the 

 5           amount of appropriation for '23.  We've 

 6           distributed, as you noted, about 

 7           2.82 billion.  I think the total is 

 8           somewhere -- leaving aside LRAP and the over 

 9           80 program, but ERAP alone, I think the total 

10           is somewhere around 3.1 billion.  So we have 

11           around 300 million or so left.

12                  ASSEMBLYMAN GALLAHAN:  Thank you.

13                  And as far as the LRAP, how much money 

14           from the 125 million for LRAP in the fiscal 

15           year '23 appropriation has been awarded to 

16           recipients?  And how much money would be left 

17           there?

18                  OTDA COMMISSIONER TIETZ:  Almost all 

19           of it has.  That -- there's a handful of 

20           millions left in the LRAP program.

21                  ASSEMBLYMAN GALLAHAN:  Okay, thank 

22           you.

23                  And should the state reopen LRAP with 

24           new funding?


                                                                   147

 1                  OTDA COMMISSIONER TIETZ:  I'm sorry, 

 2           say again?  Say again?

 3                  ASSEMBLYMAN GALLAHAN:  Should the 

 4           state open LRAP again with new funding?

 5                  OTDA COMMISSIONER TIETZ:  I leave, of 

 6           course, to the Legislature and the Governor 

 7           on how best to address the need.

 8                  We've not -- the Governor's budget 

 9           doesn't propose to add any additional state 

10           resources to this program.  But certainly if 

11           there is an interest, I leave to you all how 

12           best to address.

13                  ASSEMBLYMAN GALLAHAN:  So I'll let you 

14           know in my district that I hear quite 

15           frequently from landlords saying "I've never 

16           been made whole."  They can't maintain their 

17           properties and keep a good place to live for 

18           their tenants.  They're broke, they can't pay 

19           their taxes, they can't pay the utilities.  

20                  So it's paramount that we do something 

21           for those folks.  Thank you very much.

22                  OTDA COMMISSIONER TIETZ:  Of course.

23                  CHAIRWOMAN WEINSTEIN:  The Senate is 

24           finished with questioners, so we're going to 


                                                                   148

 1           just keep calling on Assemblymembers.

 2                  Assemblywoman Simon.

 3                  ASSEMBLYWOMAN SIMON:  Thank you.  

 4           Thank you.

 5                  So, Commissioner Tietz, I have a 

 6           question to sort of follow up some of the 

 7           recent questions about the issues around 

 8           migrants and being able to work, which I know 

 9           is federal, but there have been relaxations.

10                  What is the state doing to help kind 

11           of push the feds into allowing people to be 

12           able to work more quickly?  Because right now 

13           they're working off the books, they're not 

14           protected.  And they're not paying taxes.

15                  OTDA COMMISSIONER TIETZ:  So you're 

16           correct that this is federal rules.  

17                  So the -- in the normal course for an 

18           asylum seeker, as I understand it, you would 

19           have to apply, and then it's essentially 180 

20           days from receipt of your application that 

21           you would have work authorization.

22                  I know that the Governor, along with 

23           sister state governors, is urging our federal 

24           friends to permit work authorization, to 


                                                                   149

 1           provide work authorization sooner.

 2                  ASSEMBLYWOMAN SIMON:  Thank you.

 3                  And Commissioner Miles-Gustave, I have 

 4           two questions.  

 5                  One is I notice that after-school 

 6           programs are being moved to OCFS.  Advantage 

 7           After School is going to lose $5 million.  So 

 8           one question is, like what's the purpose of 

 9           this?  Is there -- does anybody think we need 

10           fewer after-school programs?

11                  And then the other issue is the 

12           proposed elimination of the Committee on 

13           Special Education state share to those 

14           residential programs.  And my question is, 

15           who's going to be picking up that tab, and do 

16           they have that money?  

17                  And also, what about the out-of-state 

18           placements that actually cost us more and in 

19           some cases are highly problematic in other 

20           ways?

21                  ACTING COMMISSIONER MILES-GUSTAVE: 

22           Thank you for your question.  

23                  So just to clarify, the after-school 

24           funding is moving from SED's budget to OCFS's 


                                                                   150

 1           budget because we've functionally been 

 2           operating these programs for the past several 

 3           years.  So it just made more sense for it to 

 4           come to our budget.

 5                  And there is not an actual decrease.  

 6           We are looking to consolidate the future RFP, 

 7           to consolidate the programmatic requirements, 

 8           which will help us consolidate the payments 

 9           and the claims.  So there's Empire and 

10           Advantage; our hope is to let a consolidated 

11           RFP for the next contract year.

12                  ASSEMBLYWOMAN SIMON:  Like a cost 

13           savings, you're saying.

14                  ACTING COMMISSIONER MILES-GUSTAVE:  I 

15           don't think it was a cost savings, but we can 

16           surely get back to you.

17                  ASSEMBLYWOMAN SIMON:  Okay.  Please, 

18           because we have -- and then the other thing 

19           is the CSE state share on the residential 

20           programs.

21                  ACTING COMMISSIONER MILES-GUSTAVE:  

22           Yes, thank you.

23                  So that was an extension, that that's 

24           the current operations currently.  We 


                                                                   151

 1           don't -- the state does not pay that share.  

 2           It's to the CSEs and the local districts.  So 

 3           under the proposal in the budget is to make 

 4           that permanent.  

 5                  But for the past several years, I 

 6           think folks realized that these children are 

 7           in voluntary agencies placed by CSEs in the 

 8           custody of local districts.  So that's the 

 9           current operation of the fiscal -- that 

10           share.

11                  ASSEMBLYWOMAN SIMON:  I'll follow up.  

12           Thank you.  

13                  CHAIRWOMAN WEINSTEIN:  Thank you.

14                  Assemblyman Pirozzolo.

15                  ASSEMBLYMAN PIROZZOLO:  Good 

16           afternoon.  Thank you both for being here.  I 

17           truly appreciate it.

18                  My questions are really going to go to 

19           Commissioner Miles-Gustave.

20                  Unfortunately, you know, a lot of the 

21           work that we get to do, some of it is 

22           pleasant, some of it is unpleasant.  And my 

23           question is going to go into more -- probably 

24           the most unpleasant things that come up.


                                                                   152

 1                  But could you just give me a brief 

 2           overview of what your office does when it 

 3           comes to the abuse, exploitation and 

 4           trafficking of children?

 5                  ACTING COMMISSIONER MILES-GUSTAVE:  So 

 6           we have the Safe Harbour laws in New York 

 7           State, I think one of the most supportive and 

 8           helpful.  

 9                  So we have divisions in our OCFS 

10           office that provide -- we have funding that 

11           provides allocations to local counties.  So 

12           human trafficking is something that the local 

13           districts provide services and support.

14                  But again, we have Safe Harbour laws.  

15           So the point of that is that we're not -- 

16           we're no longer criminalizing young women 

17           for, say, prostitution if they've been 

18           trafficked.  And I think the point of 

19           focusing on trafficking is to make sure that 

20           we get to the trauma of that trafficked 

21           individual.  So we take trafficking and 

22           trafficking prevention very seriously.

23                  And in the rollout of our Family First 

24           implementation, there are several voluntary 


                                                                   153

 1           agencies that were interested in becoming one 

 2           of our QRTP exceptions, which is an EMPOWER 

 3           program specifically for youth who are at 

 4           risk of being trafficked.  So there's now a 

 5           congregate setting for those potentially 

 6           trafficked youth.

 7                  ASSEMBLYMAN PIROZZOLO:  So I 

 8           appreciate that.  But do you have any 

 9           suggestions or any way we could work with you 

10           so -- the victims certainly need as much help 

11           as they can get, but what do you see that we 

12           can do, or what can we do to go after the 

13           people who are actually doing the abuse?

14                  ACTING COMMISSIONER MILES-GUSTAVE:  

15           Yes.  Such a huge issue.  I do not disagree 

16           with you.  

17                  I know that some of our voluntary 

18           agencies and local districts are working in 

19           partnership with their local law enforcement, 

20           with the DA.  There were situations that 

21           happened maybe several years ago in one of 

22           our voluntary agencies where the FBI was 

23           brought into this specific case.  So I know 

24           there's partnership between the child welfare 


                                                                   154

 1           system, our voluntary agencies, and local 

 2           county social services and local DAs, to try 

 3           to stave off this very -- it's very 

 4           troubling, a very troubling issue.

 5                  ASSEMBLYMAN PIROZZOLO:  Well, I 

 6           appreciate all the work that you're doing.  I 

 7           certainly look forward to working with you in 

 8           the future on ways that we can reduce the 

 9           amount of incidents that's happening by maybe 

10           better prosecution of people who are 

11           perpetrating these crimes against our 

12           children.

13                  ACTING COMMISSIONER MILES-GUSTAVE:  

14           Absolutely.

15                  ASSEMBLYMAN PIROZZOLO:  Thank you very 

16           much.

17                  ACTING COMMISSIONER MILES-GUSTAVE:  

18           Thank you.

19                  CHAIRWOMAN WEINSTEIN:  Assemblywoman 

20           Mitaynes.

21                  ASSEMBLYWOMAN MITAYNES:  Hello.  Good 

22           afternoon.  

23                  This is for the OTDA Commissioner.  

24           This is about SNAP benefits fraud.  


                                                                   155

 1                  It seems that this state is allocating 

 2           the money it received from the federal 

 3           government to only replace the stolen funds 

 4           on or after October 1, 2022, through 

 5           September 30, 2023.  And it seems that it may 

 6           only replace once in the federal fiscal year 

 7           for funds stolen after October 1, 2024.  

 8                  Why hasn't OTDA looked into providing 

 9           more funding as well from the state so that 

10           those with funding stolen before October 2022 

11           are also covered and made whole?  The federal 

12           government has already committed to 

13           addressing instances after October 2022, but 

14           it seems that the state has not moved further 

15           to supplement the existing aid.

16                  OTDA COMMISSIONER TIETZ:  I think you 

17           actually wanted me to answer that, yes.

18                  So just to be clear, the federal law 

19           as of late December permits states, once they 

20           submit a plan that's approved by USDA, to 

21           replace two -- benefits equal to two recent 

22           months of your benefits, twice in a year.  I 

23           think it's through 2024, and thereafter once 

24           per year.


                                                                   156

 1                  And you're right that that law 

 2           begins -- that's for, you know, losses 

 3           October 1, 2022, going forward.  Right?  And 

 4           so of course we're doing the same, we've 

 5           proposed to do much the same with regard to 

 6           the public assistance benefits.  This is not 

 7           confined to SNAP.  

 8                  As I had mentioned earlier, our 

 9           expectation is that within the next few 

10           months, following the USDA's approval of our 

11           plan, which we're submitting later this 

12           month, that we'll be able to begin reissuing 

13           those benefits to the local districts.

14                  With regard to earlier periods, of 

15           course we leave to the Legislature and the 

16           Governor how best to address that need.  But 

17           the proposal is what we have here on the 

18           table now.

19                  ASSEMBLYWOMAN MITAYNES:  Okay, so we 

20           would have your support to be able to do 

21           that?

22                  OTDA COMMISSIONER TIETZ:  I'm happy to 

23           do at OTDA whatever the budget requires of 

24           me.


                                                                   157

 1                  ASSEMBLYWOMAN MITAYNES:  Just very 

 2           quickly, a second question, and this is about 

 3           childcare and the fact that it leaves out 

 4           undocumented kids.  Has OCFS calculated the 

 5           cost of a dedicated state fund to provide 

 6           childcare for undocumented children?

 7                  ACTING COMMISSIONER MILES-GUSTAVE:  So 

 8           we don't have that data right now.  I don't 

 9           know if we would even begin to know if that 

10           would be statewide.  But I'm happy to take 

11           your question back to my team and get back to 

12           you.

13                  ASSEMBLYWOMAN MITAYNES:  I appreciate 

14           it, thank you.

15                  CHAIRWOMAN WEINSTEIN:  We go to 

16           Assemblyman Ardila.

17                  ASSEMBLYMAN ARDILA:  Thank you so 

18           much, Madam Chair.

19                  Thank you, Commissioner Tietz; thank 

20           you for coming.  And I really appreciate you 

21           both for showing up today.  I wanted to talk 

22           to you a little bit about HRA predominantly 

23           impacting New York City residents.

24                  Maybe you can tell me a little bit 


                                                                   158

 1           about this when it comes to SNAP benefits, 

 2           public assistance.  When people are applying 

 3           and there's a wait time and they don't hear 

 4           back, and then when they try to contact HRA, 

 5           they can be on the phone for hours without 

 6           being in contact with anyone.  Can you talk 

 7           to me about that, why that's taken place?

 8                  OTDA COMMISSIONER TIETZ:  I couldn't 

 9           speak to that specifically.  I'm happy to get 

10           you an answer about the wait times.

11                  I can say, more broadly, that the city 

12           of course has sought waivers from us for 

13           federal or state rules with regard to 

14           timeliness of issuing benefits or conducting 

15           a certification or a recertification.  We 

16           have again -- as we have since early 2020, 

17           we've again waived a bunch of those rules 

18           after the city proposed taking some -- 

19           several actions to fill seats.  They're 

20           having a staffing problem.  

21                  And I think we were satisfied that 

22           their proposal with regard to how best to 

23           fill those seats was sufficient to further 

24           extend by six months those waivers.


                                                                   159

 1                  ASSEMBLYMAN ARDILA:  Okay.  And then 

 2           to that point, right, so when we have -- this 

 3           impacts a lot of seniors in my district, a 

 4           lot of people that are waiting for SNAP 

 5           benefits, SNAP assistance, and this is 

 6           essentially what makes or breaks -- so they 

 7           can help -- it helps them make ends meet.

 8                  So, you know, what can we do to work 

 9           together to ensure that we don't have those 

10           staffing issues?  What can the State 

11           Legislature do to ensure that we have the 

12           proper resources so people don't have to have 

13           those wait times where their cases are 

14           pending, they don't know the status, they 

15           want to do check-ins in terms of where they 

16           are in the application process?

17                  OTDA COMMISSIONER TIETZ:  Yeah, I'd 

18           say that we're happy to take up any idea that 

19           would both help the city fill the open seats 

20           and to retain the staff they have.

21                  Admittedly, much of this is within 

22           their control alone, and not ours.  

23                  So if -- I would just say that if the 

24           waivers in and of themselves were enough, 


                                                                   160

 1           they'd have worked by now.  So I think it's 

 2           important, because you want to keep people on 

 3           benefits, and for those who apply to get them 

 4           benefits and to limit the workload by issuing 

 5           those waivers, so you don't have, for 

 6           example, to do recertifications at the same 

 7           rate or pace as you would have in the absence 

 8           of those waivers.

 9                  But at the end of the day, it is on 

10           the city to figure out how best to fill those 

11           seats.  We stand ready to help in any way we 

12           can if there's some measure beyond issuing 

13           those waivers.

14                  ASSEMBLYMAN ARDILA:  I appreciate 

15           that.

16                  And I do want to say appreciate the 

17           work you do, and you have my full commitment 

18           to reach those goals.  

19                  Thank you.

20                  CHAIRWOMAN WEINSTEIN:  Thank you.

21                  We go to Assemblywoman Lee, three 

22           minutes.

23                  ASSEMBLYWOMAN LEE:  Good afternoon.  

24           Thank you.  My first question is for OTDA.


                                                                   161

 1                  I commend the Governor for recognizing 

 2           the need for more housing in the budget.  But 

 3           I wanted to ask, what are the state standards 

 4           for the siting of homeless shelters and 

 5           ensuring that there's not a 

 6           disproportionate concentration in any 

 7           particular neighborhood, particularly in 

 8           low-income communities of color?

 9                  OTDA COMMISSIONER TIETZ:  The siting 

10           of -- I'm presuming you're asking principally 

11           around New York City.

12                  ASSEMBLYWOMAN LEE:  Yes.

13                  OTDA COMMISSIONER TIETZ:  So the 

14           siting of shelters is really up to the city's 

15           Department of Social Services -- and therein, 

16           it's the Department of Homeless Services -- 

17           and other city officials.  

18                  Our role at OTDA is to engage in 

19           oversight with regard to the services, the 

20           quality of services, to certify shelters, and 

21           to provide resources.  But the actual siting 

22           of them, the determination about where best 

23           to place them, is up to the City of New York.

24                  ASSEMBLYWOMAN LEE:  Understood.  Thank 


                                                                   162

 1           you.

 2                  And for OCFS, as you mentioned, local 

 3           districts can set different standards under 

 4           the Child Assistance Program, but 

 5           standardization doesn't necessarily mean 

 6           improved care.  

 7                  So specifically for New York City, can 

 8           you please elaborate more on how 

 9           standardizing benefits and services will 

10           impact how New York families will receive 

11           care, and also how they will be applying?

12                  ACTING COMMISSIONER MILES-GUSTAVE:  So 

13           for New York City they have a slightly more 

14           complicated process.  They have a contract of 

15           care system, which is EarlyLearn for older 

16           children.  They still have typical standard 

17           childcare assistance for infants and 

18           toddlers.

19                  So our hope is that for that 

20           specifically for the infant and toddler 

21           population, the systems will be standardized.  

22           They have no waitlists, so in New York City 

23           you might have heard from your constituents 

24           with issues getting to childcare because 


                                                                   163

 1           there was a significant waitlist.  That is 

 2           now gone.  They are giving waivers, and we 

 3           are monitoring that process.  

 4                  So it really should be standardized 

 5           and should be beneficial to all families.

 6                  ASSEMBLYWOMAN LEE:  Okay, great.  

 7           Thank you.

 8                  And then when it comes to ERAP, I 

 9           wanted to focus specifically on the 73,000 

10           applications that you said are outstanding 

11           for subsidized housing.  How many of those 

12           are specifically for NYCHA residents?

13                  OTDA COMMISSIONER TIETZ:  I don't know 

14           off the top of my head, although it is a 

15           substantial number.  We can get it.  We can 

16           get that to you.

17                  ASSEMBLYWOMAN LEE:  Okay, great.  And 

18           so would you know how much in need those 

19           73,000 applications represent?

20                  OTDA COMMISSIONER TIETZ:  So because 

21           they're of a lower priority, you know, given 

22           the two previous budgets that set them at 

23           that priority, we haven't thoroughly reviewed 

24           them.  They're essentially on hold.  


                                                                   164

 1                  If there were resources available, 

 2           then of course we would go through the 

 3           process of reviewing them.  So we would have, 

 4           at best, you know, just an estimate.  So I 

 5           couldn't tell you today exactly what the 

 6           value of those are.

 7                  ASSEMBLYWOMAN LEE:  Okay, thank you.  

 8                  CHAIRWOMAN WEINSTEIN:  Thank you.

 9                  We go to Assemblywoman Gonzalez-Rojas.

10                  ASSEMBLYWOMAN GONZALEZ-ROJAS:  Thank 

11           you.  Thank you both for being here.

12                  Commissioner Tietz, benefits 

13           skimming -- again, this is just a critical 

14           issue.  You're hearing this quite a bit 

15           today.  How much in dollars would you 

16           estimate has been skimmed from New Yorkers at 

17           this point?

18                  OTDA COMMISSIONER TIETZ:  The last 

19           numbers I saw were somewhere in the ballpark 

20           of $5 million.

21                  ASSEMBLYWOMAN GONZALEZ-ROJAS:  And is 

22           there language that allows for the 

23           replacement of SNAP in particular?  As I 

24           understand, this is about 50 percent of the 


                                                                   165

 1           cases that have been happening in terms of 

 2           skimming.

 3                  OTDA COMMISSIONER TIETZ:  Actually I 

 4           think that the SNAP skimming represents a 

 5           significant majority of the losses, as 

 6           opposed to the public assistance cash 

 7           benefit.  And, I'm sorry, your question was?

 8                  ASSEMBLYWOMAN GONZALEZ-ROJAS:  The 

 9           replacement of that SNAP.  I know that there 

10           is money in partnership with the federal 

11           government, but --

12                  OTDA COMMISSIONER TIETZ:  Actually, 

13           it's their money.

14                  So to be clear, we couldn't -- we 

15           cannot, even as of this very moment, we 

16           cannot replace stolen SNAP benefits.

17                  So in the budget, in the omnibus 

18           budget the federal government passed in late 

19           December, for the first time it's permitting 

20           the replacement of those benefits, consistent 

21           with a plan, a state plan that we submit to 

22           them, which we're intending to do by the end 

23           of the month.

24                  Once approved by them, we will then 


                                                                   166

 1           roll out guidance to the districts on 

 2           actually implementing that plan.  So 

 3           essentially, as I've mentioned earlier, a 

 4           couple of months, an amount equal to the 

 5           lesser of the amount stolen or two months of 

 6           benefits, twice in a year thereafter.

 7                  ASSEMBLYWOMAN GONZALEZ-ROJAS:  Is 

 8           there a way to do more than just that 

 9           minimum?  I know that minimum was standard -- 

10           the standard by the federal government.  But 

11           just, you know, the two replacements and the 

12           two months, it just seems very limiting for 

13           people who have maybe lost thousands of 

14           dollars in skimming.

15                  OTDA COMMISSIONER TIETZ:  Not with 

16           federal resources.  So that would be the 

17           limit with regard to replacing the federal 

18           benefit.

19                  ASSEMBLYWOMAN GONZALEZ-ROJAS:  Could 

20           we put in money at the state level to do 

21           that?

22                  OTDA COMMISSIONER TIETZ:  Well, I 

23           leave it to the Legislature about how best to 

24           address that.


                                                                   167

 1                  ASSEMBLYWOMAN GONZALEZ-ROJAS:  And 

 2           given that SNAP is our number-one hunger 

 3           program, and that the NOEP has increased the 

 4           number of people on SNAP, why isn't there 

 5           more here for NOEP?  We know that's just 

 6           incredibly effective programs.  Many counties 

 7           stand to see a reduction altogether, or loss 

 8           of SNAP assistance.

 9                  OTDA COMMISSIONER TIETZ:  I don't have 

10           it in front of me, but I know that we've 

11           increased the amount to NOEP.  I want to say 

12           it's $5 million.  But I think we've carried 

13           that on from previous.

14                  ASSEMBLYWOMAN GONZALEZ-ROJAS:  And in 

15           my last seconds I want to go back to the HIV 

16           out of state.  Would you -- you know, there's 

17           activists that joined us earlier.  Is there 

18           anything in the Executive proposal that would 

19           provide housing?  I know you mentioned some 

20           of the counties haven't opted in.  But what 

21           can we do to ensure that there's greater 

22           access to housing for people with HIV?

23                  OTDA COMMISSIONER TIETZ:  Um --

24                  CHAIRWOMAN WEINSTEIN:  I think you're 


                                                                   168

 1           going to have to answer that offline.

 2                  ASSEMBLYWOMAN GONZALEZ-ROJAS:  Thank 

 3           you.  Thank you so much.

 4                  CHAIRWOMAN WEINSTEIN:  You know, 

 5           again, as the Senator said, answers to any 

 6           questions that are posed here that there 

 7           isn't time to answer, please send us the 

 8           answers and we'll make sure all the 

 9           colleagues receive them.

10                  So we move on to Assemblywoman Reyes.

11                  ASSEMBLYWOMAN REYES:  So this is for 

12           Commissioner Tietz.

13                  In 2020 we passed legislation to start 

14           in New York State a restaurant meals program 

15           through the SNAP program.  Just wondering 

16           where you guys are on the implementation of 

17           that pilot program, if you have gotten the 

18           necessary approvals from the U.S. Department 

19           of Agriculture, and whether there are 

20           resources that the state can provide to help 

21           kind of move that along.

22                  OTDA COMMISSIONER TIETZ:  Yes, your 

23           colleague asked it earlier and I had 

24           mentioned that our plan is in to USDA and 


                                                                   169

 1           that we expect in the next, I would say 

 2           within 60 days, to have a response from them.  

 3           I'm hopeful that it will be an approval.

 4                  And I would suggest that we're pretty 

 5           much all set to roll it once approved.

 6                  ASSEMBLYWOMAN REYES:  Perfect.

 7                  My next question is so your office 

 8           works on child support issues along with the 

 9           courts.  We are working on a proposal that is 

10           currently being revised that would create a 

11           streamlined, expedited settlement conference 

12           process for families who generally agree on 

13           child support in family courts.

14                  Do you see the need for this sort of 

15           new process and the value in helping families 

16           who want to utilize this option to establish 

17           child support orders as a more streamlined, 

18           straightforward process?

19                  OTDA COMMISSIONER TIETZ:  Yes.

20                  ASSEMBLYWOMAN REYES:  Great.  And it's 

21           also my understanding that the state is 

22           reimbursed for costs associated with the 

23           child support program through the federal 

24           Title IV-D Social Security funds.  Would 


                                                                   170

 1           those funds be available for a program like 

 2           an expedited settlement conference process 

 3           for child support in family courts?

 4                  OTDA COMMISSIONER TIETZ:  Now you've 

 5           gotten off of my page.  So we'll follow up 

 6           with you on that.

 7                  ASSEMBLYWOMAN REYES:  Okay.

 8                  Those are my questions.  Thank you.

 9                  CHAIRWOMAN WEINSTEIN:  Thank you.

10                  We go to Assemblyman Chang.

11                  ASSEMBLYMAN CHANG:  Thank you, 

12           Madam Chairman.

13                  Thank you, Commissioners, for being in 

14           here.  You have a thankless job.  It's a very 

15           tough judgment of this program.  Thank you.  

16                  I represent Sunset Park, Boro Park and 

17           Dyker Heights.  I'm a 24-year veteran and I 

18           served a tour in Afghanistan.  So I have a 

19           question about veterans; that's for 

20           Commissioner Tietz.  

21                  Veterans are included as an eligible 

22           group for the affordable housing program in 

23           the Empire State Housing Initiative.  How 

24           many veterans have been recipients of this 


                                                                   171

 1           program, and how much have they been awarded, 

 2           sir?

 3                  OTDA COMMISSIONER TIETZ:  I'm 

 4           uncertain, but I'm certainly happy to -- I 

 5           don't have that detail in front of me, but 

 6           I'm certainly happy to get it to you.

 7                  ASSEMBLYMAN CHANG:  Okay, thank you.

 8                  And earlier in your testimony you 

 9           praised the National Guardsmen that had been 

10           doing outstanding service in providing 

11           immigrant services.  You have the resources; 

12           how would you expand their scope and mission 

13           if you had that desire?

14                  OTDA COMMISSIONER TIETZ:  I think 

15           ideally, as much as we are grateful for the 

16           presence of the National Guard, it is an 

17           unusual -- I would suggest it's a somewhat 

18           unusual use here.  Ideally we would have 

19           nonprofit human services, shelter providers 

20           on contract to do the entire task.  

21                  So, for example, in the site that I 

22           visited in Brooklyn last Friday, there is a 

23           nonprofit partner there, they just don't have 

24           all of the staff in place yet.  So hence, the 


                                                                   172

 1           National Guard to fill that gap.

 2                  Again, grateful for that.  I don't 

 3           think that's the ideal approach.  And we 

 4           would prefer that the nonprofit staffed up as 

 5           usual.

 6                  ASSEMBLYMAN CHANG:  Okay, thank you.

 7                  And a question for the Landlord Rental 

 8           Assistance Program, the LRAP.  How many 

 9           applicants have been completed -- I know that 

10           the program's been closed, but how many have 

11           been completed and processed and how many 

12           have not, sir?

13                  OTDA COMMISSIONER TIETZ:  So as of the 

14           end of last month, we made almost 28,000 

15           payments to landlords totaling more than $283 

16           million.  That was after last February we 

17           moved some of the unexpended under-80 program 

18           to the LRAP program because the LRAP program 

19           was oversubscribed.  So that's how much we've 

20           put out to date.

21                  ASSEMBLYMAN CHANG:  And you were so 

22           oversubscribed, so what's left on 

23           oversubscriptions, sir?

24                  OTDA COMMISSIONER TIETZ:  I don't have 


                                                                   173

 1           the amount left.  I know it's a modest sum.  

 2           That program is, you know, oversubscribed as 

 3           well, but it's a modest sum that's left.  

 4           We're working through existing applications.

 5                  ASSEMBLYMAN CHANG:  I see.  Thank you.

 6                  That's all the questions I have, 

 7           Commissioner.

 8                  CHAIRWOMAN WEINSTEIN:  Thank you.

 9                  We go to the Ways and Means ranker, 

10           Assemblyman Ra, for five minutes.  

11                  ASSEMBLYMAN RA:  Thank you.

12                  Good afternoon, Commissioner and 

13           Commissioner.  Commissioner Tietz, thank you 

14           for that meeting last week to discuss some of 

15           the budget proposals.  And I appreciate your 

16           answers today.

17                  With regard to ERAP, though, I wanted 

18           to get into a little bit, as we're winding 

19           down this program, a few issues including 

20           Guidehouse, the outside entity that was 

21           contracted to -- obviously before your 

22           time -- to administer this program.  My 

23           understanding is their contract is going to 

24           expire in May, is that correct?


                                                                   174

 1                  OTDA COMMISSIONER TIETZ:  Yes.

 2                  ASSEMBLYMAN RA:  And will there be any 

 3           need to continue any type of contract with 

 4           them, or do you think everything will be 

 5           wrapped up by that point?

 6                  OTDA COMMISSIONER TIETZ:  Oh, it would 

 7           be nice if it were wrapped up.  But no.  

 8           We're moving to extend that contract.

 9                  ASSEMBLYMAN RA:  Okay.  Do you know 

10           how long that would be for or what any of the 

11           terms of that might be expected to be?

12                  OTDA COMMISSIONER TIETZ:  I don't have 

13           the term of the extension.  I think our hope 

14           is that by the end of calendar '23 that the 

15           vast majority of this work on ERAP would have 

16           been completed.

17                  ASSEMBLYMAN RA:  Okay.  So by the end 

18           of the calendar year you're expecting to have 

19           the program --

20                  OTDA COMMISSIONER TIETZ:  Largely 

21           done, that's right.

22                  ASSEMBLYMAN RA:  Yeah, okay.

23                  So I know that as you're going 

24           through, you know, these processes, a couple 


                                                                   175

 1           of issues that have been brought to my 

 2           attention that are kind of recurring, one of 

 3           them being applicants who have been denied 

 4           multiple times but continue to apply.

 5                  Is there any process to streamline if 

 6           they've applied again and again?

 7                  OTDA COMMISSIONER TIETZ:  Yes, we've 

 8           worked with the vendor to do an initial sort 

 9           for just such applications.

10                  So in some instances folks have 

11           reapplied because they didn't obtain, as an 

12           initial matter, the full amount available to 

13           them -- so 12 months of rent or three months 

14           of prospective rent.  In other cases there 

15           may have been errors, what have you.  But -- 

16           so in some instances.

17                  But where they essentially have 

18           applied in much the same way and it's 

19           clearly, you know, not a fundable 

20           application, then we would quickly move to 

21           deny it.  At which point, by the way, then, I 

22           think what you're hitting at here is the 

23           protections that come with the statute.  

24                  ASSEMBLYMAN RA:  Yes.


                                                                   176

 1                  OTDA COMMISSIONER TIETZ:  In which 

 2           case the protections then are not in 

 3           existence.

 4                  So if -- I would just note that for 

 5           someone who's never had an approved 

 6           application, then -- for whatever sets of 

 7           reasons -- they don't have the protections 

 8           upon denial.  But because, say, in the 

 9           instance in which someone had a previously 

10           approved application, got some funding, then 

11           they actually have the eviction protections 

12           for a period of time going forward.

13                  ASSEMBLYMAN RA:  Okay.  And then 

14           regarding owners, I've heard of situations 

15           where owners have had payments and then they 

16           get clawed back, you know, months later.  

17           Why, you know, would this be happening to 

18           some -- is there a change in information?  

19           What requires that?  And what if any recourse 

20           does an owner have if, you know, they dispute 

21           the reason that the money's being clawed 

22           back?

23                  OTDA COMMISSIONER TIETZ:  I would -- 

24           you know, among the states with ERAP 


                                                                   177

 1           programs, New York ranks high in terms of its 

 2           success rate here in terms of getting dollars 

 3           out the door to as many households as we've 

 4           done.  I think some evidence of that is we've 

 5           obtained nearly $400 million from the federal 

 6           Treasury in reallocations from unspent 

 7           dollars from elsewhere.  So I think we've 

 8           demonstrated an ability to get these 

 9           resources out the door to those most in need.

10                  There are errors, as there are with 

11           any program.  The error rate in this program 

12           is at about 6 percent, which is frankly akin 

13           to most public assistance programs.  So, for 

14           example, that's an error rate akin to SNAP.  

15           And so that would be the instance in which we 

16           would potentially look to claw back some 

17           resource.

18                  ASSEMBLYMAN RA:  Okay, thank you.  

19                  And just with my limited time, 

20           Commissioner Miles-Gustave, just relative -- 

21           you know, we've talked about the providers, 

22           the childcare providers.  And certainly, you 

23           know, the minimum wage proposal, on the one 

24           hand it's going to help lots of people 


                                                                   178

 1           hopefully be able to afford childcare, but it 

 2           certainly has the potential to drive up costs 

 3           for providers.  

 4                  So I hope that's something we can keep 

 5           an eye on with some of the things we're doing 

 6           with regard to ensuring there are adequate 

 7           opportunities for childcare.

 8                  ACTING COMMISSIONER MILES-GUSTAVE:  

 9           Yes.

10                  CHAIRWOMAN WEINSTEIN:  Thank you.

11                  So this concludes this portion of the 

12           hearing.

13                  Just to restate that to the extent 

14           that there are questions that there wasn't 

15           sufficient time to answer, please -- to 

16           Senator Krueger and myself -- forward those 

17           answers.

18                  And next we are going to be hearing 

19           from the New York State Office for the Aging, 

20           Greg Olsen, acting director; and New York 

21           State Division of Veterans' Services, 

22           Reverend Viviana DeCohen, director.

23                  And while we are having a quiet 

24           transition, if you have any conversations, 


                                                                   179

 1           please take them into the hall.  I just want 

 2           to remind people who are going to be 

 3           testifying later to make sure that you've 

 4           checked in with the desk at the top of the 

 5           stairs so that we know that you are here.

 6                  Commissioner, if we could -- 

 7           Assemblywoman, if we could take the 

 8           conversation out in the hall.

 9                  (Pause.)

10                  CHAIRWOMAN WEINSTEIN:  And while we 

11           are getting ready to start, I want to 

12           acknowledge we've been joined by 

13           Assemblywoman Hunter.  Assemblywoman 

14           Jean-Pierre joined us recently.  And I think 

15           that's it for our new members.

16                  So we're ready to start our second 

17           panel of governmental witnesses.  A reminder 

18           to both of you that you each have 10 minutes 

19           to make your presentation; then there will be 

20           a number of members who have questions.  And 

21           hopefully they will be leaving you enough 

22           time to be able to answer those questions.  

23           Thank you.

24                  So Greg, do you want to start?


                                                                   180

 1                  NYSOFA ACTING DIRECTOR OLSEN:  Sure, 

 2           happy to.  Thank you.

 3                  Just let me know, is that close enough 

 4           for you guys?  Okay, great.

 5                  Well, good afternoon, Chairpersons 

 6           Krueger, Weinstein -- Senator, 

 7           congratulations on getting the Senate 

 8           Committee on Aging -- and of course 

 9           Assemblyman Kim and all the distinguished 

10           members of the Legislature.  

11                  My name is Greg Olsen.  I'm the acting 

12           director of the New York State Office for the 

13           Aging, and I'm honored to testify today.  

14                  Governor Hochul's Executive Budget is 

15           aptly named "Achieving the New York Dream."  

16           The Executive Budget seeks to create a more 

17           affordable, more livable, and safer New York, 

18           while opening doors to the communities and 

19           people who have historically been blocked 

20           from equal chances at success.  

21                  I am pleased, as always, to testify on 

22           provisions of Governor Hochul's proposed 

23           budget that directly affect NYSOFA programs 

24           and our services, along with additional 


                                                                   181

 1           budget proposals that will positively impact 

 2           older New Yorkers and their families and move 

 3           towards the broader goal of creating a more 

 4           affordable and livable New York.  

 5                  The Governor's State of the State 

 6           message and subsequent Executive Budget 

 7           proposal aims to make New York the healthiest 

 8           state in the nation through a multi-agency, 

 9           coordinated effort that's focused on 

10           developing a Master Plan for Aging, improving 

11           physical and behavioral health, combating 

12           social isolation, preventive health care 

13           strategies, expanding access to services and 

14           training for LGBTQ individuals, supporting 

15           informal as well as working caregivers, 

16           addressing disparities, diversity, equity and 

17           inclusion, and more.  

18                  Utilizing the state's 2019-2024 

19           Prevention Agenda as the umbrella, and 

20           instituting a "Health Across All Policies 

21           approach," New York State agencies are 

22           incorporating health considerations into our 

23           planning, programs, and initiatives.  As 

24           agencies, we are committed to working 


                                                                   182

 1           together and considering how our policies 

 2           fulfill New York's pledge as the first 

 3           age-friendly state in the nation.  

 4                  Now we have an opportunity to further 

 5           strengthen and coordinate this vital work 

 6           through the Governor's priority of developing 

 7           a Master Plan for Aging.  This master plan is 

 8           consistent with the goals and work that New 

 9           York has been engaged in to improve 

10           communities for people of all ages and create 

11           healthy environments in which to grow up and 

12           grow old.  

13                  In 2018, as you know, New York became 

14           the first age-friendly state in the nation to 

15           receive that designation from AARP and the 

16           World Health Organization.  New York was 

17           first because we rank pretty high in the 

18           eight domains of age-friendly, livable 

19           communities, and due to our comprehensive 

20           plan to systematically build age-friendly and 

21           smart-growth principles into how government 

22           operates and functions.  

23                  Through much-needed investments, the 

24           Governor’s FY '24 Executive Budget expands 


                                                                   183

 1           and strengthens the foundation with 

 2           initiatives that help individuals access 

 3           needed services and lead healthy lives by 

 4           maintaining funding for vital services like 

 5           the Community Services for the Elderly 

 6           program, or CSE; elder abuse and Holocaust 

 7           survivors funding; increasing funding for the 

 8           Master Plan for Aging; continuing the 

 9           historic $23 million investment to help older 

10           New Yorkers who are awaiting services; 

11           continuing the $2.9 million to expand our 

12           efforts to combat isolation, bridge the 

13           digital divide, address elder abuse, and 

14           strengthen NYSOFA's stipend program for 

15           volunteer recruitment and retention; 

16           continuing our bill-payer service program in 

17           10 counties in Western New York to prevent 

18           and mitigate financial exploitation of older 

19           adults; the continued improvements in our 

20           New York Connects system, further increasing 

21           access to long-term services and supports; 

22           maintaining a half a million dollars that's 

23           used to draw down more than $2 million in 

24           federal funds to combat elder abuse and 


                                                                   184

 1           financial exploitation through our enhanced 

 2           increasing multidisciplinary team program; 

 3           continuing funding that was in the budget 

 4           last year for the Long Term Care Ombudsman 

 5           Program, and providing a 2.5 percent human 

 6           COLA for our providers.  

 7                  The Governor's budget provides the 

 8           support necessary to continue our 

 9           trailblazing initiatives.  Examples include 

10           our award-winning animatronic pet project; 

11           the GetSetUp platform that offers more than 

12           900 lifelong learning and health and wellness 

13           classes; our Virtual Senior Center to bring 

14           senior center programming into the homes of 

15           older adults; our Elli-Q program that 

16           provides a proactive artificial intelligence 

17           tool to combat isolation and loneliness and 

18           improve connectivity to others as well as 

19           improving overall health and wellness; our 

20           GoGoGrandparent partnership, which provides 

21           specialized ride-sharing to increase 

22           transportation options; and our 

23           evidence-based caregiver support platform, 

24           TRUALTA, which is available to any New 


                                                                   185

 1           Yorker, regardless of age, who provides some 

 2           type of uncompensated care to somebody else.  

 3                  Further, the proposed Executive Budget 

 4           increases eligibility for those older adults 

 5           that wish to use services via a private pay 

 6           model.  Legislation that we passed in 2019 

 7           allowed individuals and families for the 

 8           first time to purchase services directly from 

 9           their area Agency on Aging when their income 

10           was above 400 percent of the federal poverty 

11           level.  

12                  What we found is that created a gap, 

13           and so we're pleased that this year the 

14           Governor's proposal expands access to these 

15           services for those individuals between 

16           250 and 400 percent of the federal poverty 

17           level.  

18                  NYSOFA has also launched several pilot 

19           projects that expand outreach, communication 

20           and engagement, as well as measure the 

21           effectiveness of these new models.  These 

22           innovations will inform the Master Plan for 

23           Aging.  One such innovation is the launch of 

24           a multicounty evidence-based intervention 


                                                                   186

 1           pilot that uses complex analytics to identify 

 2           caregiver burnout.  It's called TCARE, and 

 3           it's a leading cause of referral to higher 

 4           levels of care for older adults.  

 5                  NYSOFA is also currently conducting 

 6           the state's first-ever statewide needs 

 7           assessment survey.  The results of this 

 8           assessment will not only inform our federal 

 9           plan that is due to the feds this summer, our 

10           county plans that will be due later in the 

11           year, but also the Master Plan for Aging.  

12                  NYSOFA is also the nation's first 

13           state unit on aging to partner with the 

14           National Association of Home Builders to make 

15           their Certified Aging in Place Specialist, or 

16           CAPS, training certification available to our 

17           case managers.  This certification improves 

18           the ability of our front-line staff to 

19           assess, recommend, and incorporate home 

20           safety features into care plans, helps 

21           individuals age in place, and prevents 

22           injuries and falls.  

23                  Finally, through our partnership with 

24           the Department of Health, we will be 


                                                                   187

 1           expanding a successful integrated care model 

 2           that coordinates aging services with health 

 3           services and physicians' offices and 

 4           strengthens the New York Connects data and 

 5           reporting system as well as the state 

 6           resource directory.  

 7                  But the budget is much more than any 

 8           one program or service.  It must be examined 

 9           holistically.  Older adults, like all 

10           New Yorkers, touch many different systems in 

11           their day-to-day lives, not just the Office 

12           for the Aging, which is why the Governor's 

13           systemic investments are so important.  

14                  Key investments and proposals that 

15           will further our ability to allow New Yorkers 

16           to age in place include -- and some have been 

17           mentioned already -- the New York Housing 

18           Compact to build 800,000 new homes; expanding 

19           access to behavioral health services; 

20           strengthening EMS, which for many is the 

21           first healthcare responders; making energy 

22           more affordable to reduce out-of-pocket 

23           costs; expanding food access -- and there's 

24           many, many more.  


                                                                   188

 1                  So NYSOFA will continue to engage our 

 2           sister agencies, private partners, 

 3           not-for-profits, and community-based 

 4           organizations as we work to serve New York's 

 5           older population and their families as 

 6           effectively as possible.  

 7                  I really appreciate all of your guys' 

 8           support and the opportunity to be here, and 

 9           I'm happy, as always, to answer any 

10           questions.

11                  CHAIRWOMAN WEINSTEIN:  Thank you.

12                  Reverend?

13                  DVS DIRECTOR REV. DeCOHEN:  Good 

14           afternoon, everyone.

15                  Good afternoon, Chairs Krueger and 

16           Weinstein and distinguished members of the 

17           Senate and Assembly.  My name is Viviana 

18           DeCohen, I'm a Marine Corps veteran, and I 

19           have the distinct honor of being the director 

20           of the New York State Division of Veterans’ 

21           Services, or DVS.  

22                  Thank you for the opportunity to 

23           discuss Governor Hochul's 2023-2024 Executive 

24           Budget as it relates to New York State 


                                                                   189

 1           Veterans’ Services.  

 2                  Governor Hochul has made clear in her 

 3           administration and in her budget the 

 4           importance of veterans, servicemembers and 

 5           their families here in our great state.  As 

 6           we approach our agency's transition from a 

 7           division to a department, the Governor's 

 8           expansion and improvements in the veterans 

 9           services realm have been outstanding, and DVS 

10           stands ready to continue providing the 

11           highest-quality services for our New York 

12           State veterans, servicemembers, and their 

13           families.  

14                  Under Governor Hochul's 

15           administration, New York continues to be a 

16           state where veterans and their families are 

17           proud to call home thanks to the continued 

18           investment into veterans and their families.  

19           These investments can be seen through new 

20           programs, staffing, and additional funds for 

21           peer-to-peer support programs such as the 

22           Joseph P. Dwyer Program.  

23                  DVS has increased its economic impact, 

24           which directly benefits the lives of 


                                                                   190

 1           New Yorkers throughout each and every 

 2           community.  Through these increases, DVS 

 3           assisted veteran families in bringing in over 

 4           $900 million in tax-free federal dollars in 

 5           2022.  This is in addition to the 

 6           $400 million brought into New York with over 

 7           23,000 veterans utilizing educational 

 8           opportunities.  

 9                  These funds filter their way into 

10           every community across the state, to support 

11           the over 688,000 veterans of New York.  The 

12           work of this agency delivers concrete results 

13           and benefits for veterans and their families 

14           in New York State in the form of federal 

15           funds and healthcare access.  

16                  We know that we could not produce such 

17           outstanding results alone.  We are grateful 

18           for the support of the Legislature, Executive 

19           Chamber, and the tremendous work of DVS staff 

20           which has enabled us to rise to the occasion.  

21           No one is an island unto themselves, and we 

22           do know that without all of you and our 

23           incredible partners, the work we do would not 

24           be possible.  


                                                                   191

 1                  Our work addressing food insecurity, 

 2           increasing access through digital 

 3           technologies and transportation, and 

 4           educating providers on veteran and military 

 5           competency is only possible through our 

 6           continued partnership.  

 7                  Food insecurity has been repeatedly 

 8           cited as a concern for our military-connected 

 9           families.  One in nine working-age veterans 

10           lives in food-insecure households nationally.  

11           We know that this is unacceptable, and in 

12           New York State we're doing something about 

13           it.  We're very proud that this past year the 

14           millionth meal was distributed -- between our 

15           partners -- to our New York veterans, 

16           servicemembers and their families through a 

17           partnership between the New York State 

18           Division of Veterans' Services and Hello 

19           Fresh, which will continue on into 2023.  

20                  This builds on the successful Nourish 

21           New York initiative, a multi-agency effort to 

22           reduce food insecurity and support our food 

23           producers.  

24                  Additionally, Governor Hochul has 


                                                                   192

 1           committed to doubling the funds committed to 

 2           the FreshConnect checks program which allows 

 3           our veterans, servicemembers and their 

 4           families to receive food vouchers to use at 

 5           farmers' markets and stands across the state.  

 6                  DVS continues to create and provide 

 7           additional points of access for veterans and 

 8           their families to learn about the benefits 

 9           they earned through their military service.  

10           One of the most common issues we hear when 

11           talking about bringing veterans into contact 

12           with their benefits is transportation and 

13           isolation.  We want to pursue innovative 

14           solutions to address that.  

15                  In her Executive Budget Governor 

16           Hochul is supporting an initiative to help 

17           DVS find and serve veterans in their 

18           communities -- find and serve -- through the 

19           dedication of $300,000 for the purchase of 

20           vehicles that will form our first-ever fleet 

21           of Mobile Veterans Service Centers. 

22                  This initiative will allow us to reach 

23           those with some of the highest needs and the 

24           largest barriers to access by eliminating 


                                                                   193

 1           transportation concerns.  These mobile 

 2           centers will bring the DVS's accredited 

 3           veterans benefits advisors and their 

 4           best-in-class technologies on the road to 

 5           meet our New York veterans, servicemembers 

 6           and military families where they work, live, 

 7           where they thrive.  

 8                  Lastly, DVS understands the immense 

 9           burden that finding quality, affordable 

10           housing can pose to a veteran and their 

11           family.  This is why Governor Hochul's 

12           administration is taking a twofold approach 

13           to this with the required military and 

14           veteran cultural competency trainings for 

15           supportive-housing providers that receive 

16           state funds for veteran-designated housing 

17           units and a $1.1 million investment to create 

18           the Homeless Veterans’ Housing Program, which 

19           will be used for emergency housing, providing 

20           temporary shelter, repair to homes damaged by 

21           disasters, and renovating homes to house 

22           veterans with certain special abilities -- 

23           some call them disabilities.  This creates a 

24           holistic and comprehensive approach to 


                                                                   194

 1           address the unique needs that veterans, our 

 2           servicemembers and their families face with 

 3           housing.  

 4                  Governor Hochul's State of the State 

 5           agenda and Executive Budget provide DVS with 

 6           the resources to build upon these successes 

 7           and to deliver more support than ever to New 

 8           York's veterans and their families.  DVS 

 9           appreciates the continued support of Governor 

10           Hochul and her administration in addressing 

11           the needs faced by our veterans, 

12           servicemembers and their families.  

13                  Thank you for the opportunity to 

14           discuss the Governor's Executive Budget with 

15           this committee.  And on behalf of New York's 

16           veteran families, thank you for your 

17           continued support of the agency's mission.  I 

18           look forward to answering any questions that 

19           you may have.

20                  CHAIRWOMAN WEINSTEIN:  Thank you.

21                  We go to Assemblyman Kim, chair of the 

22           Assembly Aging Committee, first.

23                  ASSEMBLYMAN KIM:  Thank you.  Thank 

24           you both for your testimonies today.


                                                                   195

 1                  According to a report by the Center 

 2           for an Urban Future, older New Yorkers grew 

 3           in population by 31 percent from 2011 to 

 4           2021.  During this time the State Office for 

 5           the Aging's budget grew by approximately 

 6           25 percent.  There seems to be about a 

 7           6 percent gap between overall growth of older 

 8           adults, older New Yorkers, versus SOFA's 

 9           budget, causing the delay in services and an 

10           increase in waiting lists for vital services.

11                  During this period, older New Yorkers 

12           living below the poverty line, and who most 

13           likely qualified and applied for Medicaid, 

14           increased by 37 percent in the last 10 years.  

15                  My office ran some models, with the 

16           help of the Association on Aging, based on 

17           how much we would have saved on Medicaid if 

18           we fully invested in non-Medicaid care 

19           programs administered by SOFA.  In the last 

20           10 years, our conservative figures show that 

21           we could have decreased older adults living 

22           in poverty by up to 10 percent and saved the 

23           state $3.75 billion.  

24                  An additional $390 million investment 


                                                                   196

 1           in SOFA in the last 10 years would have saved 

 2           the state $3.75 billion in Medicaid spending 

 3           and decreased the number of older adults 

 4           living in poverty.

 5                  Now, I know, Director Olsen, you 

 6           already know these numbers.  And I wonder why 

 7           the former governor, the current governor, 

 8           and the Department of Health won't fully 

 9           invest in SOFA.  Do they not care, or are 

10           they just incompetent at taking care of older 

11           adults?

12                  You don't need to answer that, 

13           Commissioner.

14                  (Laughter.)

15                  ASSEMBLYMAN KIM:  But what we do know 

16           is that $3.75 billion in Medicaid waste ended 

17           up in the pockets of predatory nursing homes 

18           and corrupt home care agencies that see older 

19           adults as dollar signs, not humans.  We 

20           systematically, systemically force older 

21           adults to spend down into poverty so we can 

22           institutionalize them into facilities we 

23           supposedly oversee to protect consumers 

24           through an advocacy program called the 


                                                                   197

 1           Long Term Care Ombudsman Program that we 

 2           purposely underfund.  

 3                  And here you are, Director Olsen, 

 4           knowing all this, biting your tongue for 

 5           years, trying your best to make things work 

 6           under a broken and aged system, but offering 

 7           alternative solutions to finance SOFA's work.  

 8                  So please tell us, for my first 

 9           question, more about the Executive's Article 

10           VII private payment system and the impact 

11           that could have on the state's waiting list.

12                  NYSOFA ACTING DIRECTOR OLSEN:  Yeah, 

13           thanks, Assemblyman.  You know, the question 

14           was directly about private pay.  I just want 

15           to, you know, just mention something in terms 

16           of some other things you said.

17                  I think this administration really 

18           does care about older adults.  So we've got a 

19           couple of things we're working on now with 

20           multiple state agencies.  As I said, you 

21           know, our partnerships with folks like DVS 

22           are critical.  We have 24,000 veterans in our 

23           caseload; 63 percent of the state's veterans 

24           are over the age of 60.  And, you know, the 


                                                                   198

 1           Reimagine Long Term Care is going to be -- 

 2           once we get the appointments, we'll be 

 3           working on that.

 4                  But the private pay I think, you know, 

 5           I've heard a couple of folks back in '19 when 

 6           we passed this, and now that we're trying to 

 7           make it really a technical amendment, are 

 8           suggesting that we would be passing costs on 

 9           to low-income individuals.  

10                  As you know, Assemblyman, I've been 

11           doing this work for 31 years.  That is not 

12           the intent of this, and that's not what it 

13           is.   We have never been allowed, the 

14           network, to offer individuals that have the 

15           ability to pay -- we have 1.6 million older 

16           adults that have incomes of $55,000 or more.  

17           That's not a lot of money.  But you have 

18           people like me that could afford to purchase 

19           a service on behalf of my mother or my 

20           father -- we were literally barred, under 

21           law.  

22                  So the only thing the private pay 

23           allows is for the AAA network who wants to 

24           opt in -- it's not mandatory -- to offer it 


                                                                   199

 1           if they have already utilized their federal, 

 2           state and local dollars.  

 3           Ninety-nine-point-five percent of all of our 

 4           funding goes towards individuals who are 

 5           low-income, limited English, cultural and 

 6           ethnic minorities.  That's by federal law, 

 7           state law.  And those are folks we want to 

 8           protect.  So this really provides an option.

 9                  And one last thing.  Families are 

10           already doing this.  You do what you gotta do 

11           to help the people in your family, your loved 

12           ones, et cetera.  We would rather that they 

13           come to us because we can look much more 

14           holistically, connect you to the hundreds of 

15           programs -- federal, state and local -- that 

16           Veterans provides, connect you to OMH or 

17           OASAS if it's alcohol and substance abuse, 

18           and so on and so forth.

19                  ASSEMBLYMAN KIM:  And I guess the hope 

20           is that if we allow folks to purchase the 

21           program who can, that may alleviate some of 

22           the people on the waiting list so we can 

23           promptly get to those on the bottom of that 

24           income bracket who are still on the waiting 


                                                                   200

 1           list.  Correct?

 2                  NYSOFA ACTING DIRECTOR OLSEN:  Yeah, 

 3           that was the design.  So, you know, there's a 

 4           cost to the service.  And so like if a 

 5           home-delivered meal is $7, what we allowed 

 6           but capped it was a max of, you know, the 

 7           cost of the service plus 20 percent.  That 

 8           could be because you're contracting with 

 9           Medicare Advantage, an MLTC, Mainstream, or 

10           just somebody in the community that finds 

11           these things valuable.

12                  What we required is all the accounting 

13           to be separate and if there's any revenue 

14           generated from this proposal for the 

15           services, it is required by law to go back in 

16           to serve lower-income people, because that's 

17           our book of business.

18                  ASSEMBLYMAN KIM:  And since 2019, 

19           since we allowed the network to purchase -- 

20           or charge older adults for the programs, how 

21           many -- do you have data on how many older 

22           adults actually purchase services from the 

23           local agencies?

24                  NYSOFA ACTING DIRECTOR OLSEN:  We do, 


                                                                   201

 1           Assemblyman.  The date that that was supposed 

 2           to go into effect -- so it passed in fiscal 

 3           year 2019, April of 2019.  It was to go into 

 4           effect April 11, 2020, and we know what 

 5           happened in March of 2020.  So I would be 

 6           tone deaf as an individual to be pushing this 

 7           during the middle of the pandemic.  So we 

 8           didn't do that.

 9                  I think we're going to be reevaluating 

10           where we wind up this year.  But right now we 

11           have five counties that chose the opt-in.  

12           Most of it is for the personal emergency 

13           response system, which has been shown 

14           overwhelmingly to reduce hospitalizations, ER 

15           visits, observation status.  It's about 

16           $200,000.

17                  ASSEMBLYMAN KIM:  I mean, obviously if 

18           we can find the necessary funding to cover 

19           all, or other fundings and mechanisms, public 

20           finance mechanisms to eliminate the waiting 

21           list, it's best to pursue a path that we 

22           don't have to charge any older adults seeking 

23           SOFA services.  

24                  But here we are, because of some of 


                                                                   202

 1           the references that I made earlier, that we 

 2           know what the impact this could be on 

 3           Medicaid and on Medicaid populations, we're 

 4           trying to find alternative solutions, trying 

 5           to get us there.  But if we work together in 

 6           the coming weeks to figure out a different 

 7           pot of money, different revenue to fully fund 

 8           SOFA's programs, I'm hoping that we don't 

 9           have to charge any older adults.

10                  NYSOFA ACTING DIRECTOR OLSEN:  You 

11           know, it would be great to fully subsidize 

12           everybody.  And I don't think that we can do 

13           that.  And, you know, you and I have had this 

14           conversation, Assemblyman.  This body, the 

15           Legislature, Governor's office and county 

16           governments, have picked up all of the costs 

17           where the feds have really let us down.

18                  The Older Americans Act has been 

19           amended 13 times and added a whole bunch of 

20           work to us and to the network.  All of it is 

21           appropriate, all of it.  But none of it came 

22           with any money, so the least amount of money 

23           that this state receives is from the federal 

24           government, which is directing us on what we 


                                                                   203

 1           need to do.  

 2                  Which is why we developed an 

 3           Older Americans Act modernization proposal.  

 4           Senator Gillibrand is embracing that.  We're 

 5           working with her to get really the due share 

 6           that we deserve that can really go a long 

 7           way.  What we need is an annual increase 

 8           of -- in my opinion, of about $2.7 billion, 

 9           which would bring the resources to New York 

10           to allow this network to do what it does so 

11           well:  You know, promote happy, healthy 

12           lives, living with dignity, avoiding 

13           hospitalizations and so forth, but having a 

14           strong infrastructure if people wind up in 

15           those settings and then are discharged back 

16           to the community.

17                  ASSEMBLYMAN KIM:  We're going to be 

18           taking testimony from AARP later, and I think 

19           they'll be releasing a report on the 

20           ineffectiveness of the ombudsman program.  

21           And the data just looks -- the initial data 

22           that we're getting looks horrifying:  

23           52 percent of nursing homes and other care 

24           facilities failed to receive a long-term-care 


                                                                   204

 1           ombudsman visit due to lack of resources and 

 2           staff.  Nearly 80 percent of New York City's 

 3           nursing homes and other care facilities 

 4           failed to receive a single visit from an 

 5           ombudsman.  You know, the data goes on and 

 6           on.

 7                  And, you know, we need -- my 

 8           colleagues and I, you know, we want to 

 9           professionalize, we want to reset the 

10           ombudsman program, we want to rebuild it.  

11           But every time, you know, we have these 

12           discussions we run into institutional 

13           pushback that people tell us, "Oh, if we 

14           remodel this, we may not qualify for the 

15           federal dollars."

16                  It's my understanding the original 

17           framers of the program at the federal level 

18           wanted the LTCOP program to be independent.  

19           And there are other states that even host 

20           this under nonprofit organizations, not even 

21           government agencies, to execute that 

22           independence of this program.  

23                  So I think it's just a matter of 

24           political will to get us to a better place 


                                                                   205

 1           where we can truly have an advocacy program 

 2           for these facilities.

 3                  And I'll continue my questions in my 

 4           next five minutes.  Thank you.

 5                  CHAIRWOMAN WEINSTEIN:  Thank you.

 6                  To the Senate.

 7                  CHAIRWOMAN KRUEGER:  Thank you.

 8                  And to our new chair of Aging, 

 9           Senator Cordell Cleare.

10                  SENATOR CLEARE:  Thank you.

11                  And thank you for your testimony.  I'm 

12           looking forward to sitting down and speaking 

13           with you, Commissioner.

14                  NYSOFA ACTING DIRECTOR OLSEN:  

15           Absolutely.  

16                  SENATOR CLEARE:  I'm not on -- it is 

17           on?  

18                  NYSOFA ACTING DIRECTOR OLSEN:  Yes.

19                  SENATOR CLEARE:  Anyway, I'm going to 

20           try to project.

21                  I'm Senator Cordell Cleare.  I 

22           represent the 30th Senatorial District, which 

23           is Harlem, East Harlem, West Harlem, a 

24           portion of Washington Heights and the 


                                                                   206

 1           Upper West Side.

 2                  And I listened to your opening remarks 

 3           about people who are historically blocked 

 4           from achieving success.  And a group of those 

 5           people, I think, are home care workers.  AARP 

 6           submitted testimony that I was reading; 

 7           nearly half of home care workers live in or 

 8           near poverty, and more than half depend on 

 9           public assistance to survive.  These workers 

10           are continuously training and developing 

11           their skills and expertise to elevate the 

12           level of care they can provide, only to 

13           remain unable to support themselves and their 

14           families because of low wages.

15                  The proposed Executive Budget provides 

16           for a 2.5 percent COLA for hardworking staff 

17           that fall under SOFA as well as other 

18           agencies.  Why is this less than last year's 

19           5.4 percent?  And how is this low figure 

20           expected to retain staff and provide 

21           continuity of services?  And also, what can 

22           we do to link it to the rate of inflation so 

23           this doesn't keep --

24                  NYSOFA ACTING DIRECTOR OLSEN:  Yeah.  


                                                                   207

 1           Well, as you know, Senator -- and it was 

 2           great talking to you last week, and look 

 3           forward to our partnership.  You know, the 

 4           Governor proposed an increase that is tied 

 5           to -- why am I drawing a blank -- the 

 6           inflation rate.

 7                  So there was a couple of different 

 8           things that you mentioned in there.  Our COLA 

 9           that we're provided this year was like 5, 

10           5-plus percent last year -- 2.5, that was 

11           used primarily to cover the rate increase for 

12           personal care aides that we fund through our 

13           in-home program, which is separate from the 

14           Medicaid program.  

15                  And you're right, the wages are low.  

16           I mean, many of our counties, we authorized 

17           them to negotiate their own rates back in 

18           2014 when MLTC kind of entered the 

19           marketplace.  It was originally tied to 

20           Medicaid's rate.  But in order to get aides 

21           assigned to the individuals that we serve 

22           that are just above Medicaid limit, they can 

23           negotiate their own rates.  So many of our 

24           counties are paying a much higher rate, 


                                                                   208

 1           between 30 and 40 dollars an hour.  

 2                  And I think some of them are starting 

 3           to make sure that the contracts that they 

 4           have with the licensed home care services 

 5           agency has language that passes those 

 6           increases actually to the worker and not to 

 7           the administrative side.

 8                  So, you know, the COLA is developed 

 9           based on -- the three big areas are the 

10           WIN program, Wellness in Nutrition; EISEP, 

11           Expanded In-Home Services for the Elderly 

12           Program; and the CSE program.  And that's -- 

13           and the value is about $5 million.

14                  SENATOR CLEARE:  Okay.  I was going to 

15           cut you off, but I wanted to hear everything 

16           you had to say.  

17                  But right now this is not enough money 

18           for our very valuable workers.  And it 

19           affects even the care and the amount of care 

20           that people are receiving, and I'd like to 

21           see us work toward increasing that rate.

22                  I'm going to try to speed up my 

23           questions, and you answered about private 

24           pay.  


                                                                   209

 1                  The Master Plan for Aging.  You know, 

 2           there has been a million-dollar appropriation 

 3           in the budget for the master plan.  Can you 

 4           just explain such a large expenditure for the 

 5           development of the master plan and also, in 

 6           creating it, how much stakeholder input will 

 7           be provided or sought out?  And if you know, 

 8           who is a part of that body right now?  Who is 

 9           a part of the --

10                  NYSOFA ACTING DIRECTOR OLSEN:  I do.  

11           I mean, you know, there's a partnership that 

12           we have with the Department of Health, we're 

13           cochairing.  Health is taking the lead.  

14           We're certainly a part of it.

15                  But as was mentioned earlier, you 

16           know, we have over 20 state agencies as part 

17           of this.  We have a stakeholder group that 

18           has I think 25 people.  We plan on -- you 

19           know, what we have talked about over and over 

20           in the first couple of meetings that we've 

21           had is the responsibility that we ask of them 

22           not only to participate but to make sure that 

23           their partnerships and coalitions throughout 

24           the state are also represented.  And we have 


                                                                   210

 1           an association group.

 2                  The original dollars that were put in 

 3           last year's budget was half a million 

 4           dollars, and so we -- you know, we're using 

 5           NYSTEC to coordinate.  There's a lot that 

 6           goes on behind the scenes in getting this 

 7           together.  Like we talk every day, every 

 8           morning; we have several calls during the 

 9           week.  

10                  So the million dollars is going to, 

11           again, help us continue this, because the 

12           effort's about 18 months long, and then 

13           anything else that we identify that we need 

14           to do.  We plan on doing a lot of public 

15           outreach.  We need you guys engaged.  We're 

16           going to be out around the state.  But we 

17           really just started the -- the executive 

18           order was signed in November.  We've had a 

19           couple of state council meetings.  And moving 

20           on, I think next week will be our second 

21           stakeholder meeting, and then the 

22           association.  But there's a lot of moving 

23           pieces and certainly I can give you the 

24           website where we're starting to populate 


                                                                   211

 1           that.

 2                  SENATOR CLEARE:  When is that meeting 

 3           next week?

 4                  NYSOFA ACTING DIRECTOR OLSEN:  It's 

 5           the second stakeholder committee meeting.  So 

 6           there's a state agency task force, there's a 

 7           stakeholder, and then there's an association.  

 8           And all will help, again, you know, populate 

 9           at least the beginning of the draft plan.

10                  SENATOR CLEARE:  Okay, thank you.

11                  And over the last few years we've 

12           passed a number of bills and pushed for 

13           investments in the LTCOP program, with the 

14           goal of increasing transparency, coordination 

15           between DOH and LTCOP, and to increase the 

16           number of paid staff.

17                  Can you update us on these efforts 

18           and, in particular, address what seems to 

19           be -- and I know you spoke a little bit about 

20           it with Assemblyman Kim -- but a continuing 

21           problem of LTCOP staff or volunteers not 

22           being in the facility that they're meant to 

23           oversee?

24                  NYSOFA ACTING DIRECTOR OLSEN:  Yeah.  


                                                                   212

 1           So again, I thank you guys and the Governor 

 2           for adding that 2.5 million in last year's 

 3           budget that is baseline this year.  That 

 4           allowed us to hire 35 staff.  So we went from 

 5           30 percent of facilities visited to between 

 6           50 and 60.

 7                  You know, this goes back to my 

 8           original points on the federal government.  

 9           This is a required program that could either 

10           be in-house or external, and we've looked at 

11           a variety of ways to structure this.  And 

12           it's now, you know, with us.  But we get $1.4 

13           million from the feds to run a statewide 

14           program.  I mean, you can't do that with the 

15           number of facilities that we have in the 

16           state.

17                  The fundamental flaw of the 

18           Older Americans Act when it was passed in 

19           1965 is the heavy reliance on volunteers.  

20           And volunteers are fantastic.  We have almost 

21           a million of them over the age of 55.  But I 

22           don't know how you could have a professional 

23           network when you're relying on somebody 

24           giving their time and energy.  


                                                                   213

 1                  And when you talk about the Long Term 

 2           Care Ombudsman Program or the Health 

 3           Insurance Information Counseling and 

 4           Assistance Program, those are really, really 

 5           intense programs and need to be -- you need 

 6           to have hired staff, not volunteers.  We 

 7           lost --

 8                  SENATOR CLEARE:  What was that annual 

 9           amount you said you needed?

10                  NYSOFA ACTING DIRECTOR OLSEN:  From 

11           the feds we get about $1.4 million.

12                  SENATOR CLEARE:  And you need?

13                  NYSOFA ACTING DIRECTOR OLSEN:  What's 

14           that?

15                  SENATOR CLEARE:  And how much do you 

16           need?

17                  NYSOFA ACTING DIRECTOR OLSEN:  What we 

18           need is to try to get to a ratio where you're 

19           visiting every facility, you know, maybe 7:1 

20           or 5:1 or something to that effect.  So that 

21           we can cover what we're supposed to cover.

22                  And again, I think that that will be a 

23           conversation I'm sure you guys will all have 

24           over the next couple of months.


                                                                   214

 1                  SENATOR CLEARE:  Well, what's the 

 2           dollar amount?  I'm sorry.

 3                  NYSOFA ACTING DIRECTOR OLSEN:  The 

 4           total dollar amount?

 5                  SENATOR CLEARE:  Yeah.

 6                  NYSOFA ACTING DIRECTOR OLSEN:  We 

 7           receive about 6.9 million altogether.  But if 

 8           only 1.4 of that is federal, then -- you do 

 9           the math.

10                  SENATOR CLEARE:  Okay.  We'll continue 

11           the conversation.  Thank you.

12                  We've continued to hear a lot about 

13           unmet need and waiting lists for services at 

14           the county offices for the aging, which the 

15           Legislature has provided increased funds a 

16           few times to address.  Can you walk us 

17           through the state of things there?  And is 

18           there still unmet need?  Are we making 

19           progress?

20                  And also, can you update us on the 

21           Reimagining Long Term Care Task Force?

22                  NYSOFA ACTING DIRECTOR OLSEN:  Yeah, 

23           I'll start with the latter first.

24                  So we're waiting for the appointments 


                                                                   215

 1           to come in.  I think all of the Governor's 

 2           appointments are done.  It's the 

 3           Legislature's appointments.  So we're hoping 

 4           to get that up and running soon.

 5                  So yes, you know, we had an original 

 6           baseline of $15 million four budgets ago, and 

 7           then the Legislature added another eight to 

 8           it two years ago.  So we receive about 

 9           $23 million.  That has provided services for 

10           people who are on -- who are assessed and 

11           needing services, 26,000 over the first two 

12           years of that funding.

13                  Yeah, waitlists are going up.  A lot 

14           of it is for the personal care aide shortage.  

15           So, you know, we don't -- we don't, Senator, 

16           wait for things to happen, we try to make 

17           things happen.  And here's what I mean by 

18           that.  So back in the day, all the county 

19           offices for the aging hired their own 

20           personal care aides, and then they all got 

21           out of the business and contract with LHCSAs, 

22           licensed home care services agencies.

23                  We have been pushing with our 

24           association trying to get the counties to 


                                                                   216

 1           either hire their aides, so that we can 

 2           eliminate the waitlists in those particular 

 3           areas, or work with their LHCSAs to have 

 4           aides assigned.  We have 12 counties now that 

 5           fit that mold.  So there's other things that 

 6           we can do.

 7                  SENATOR CLEARE:  Okay.  I'm going to 

 8           ask a short question.  I think you mentioned 

 9           800,000 units of housing in your opening 

10           remarks.

11                  NYSOFA ACTING DIRECTOR OLSEN:  Yes, 

12           that's the Governor's --

13                  SENATOR CLEARE:  How much of that is 

14           senior -- dedicated for senior housing, 

15           assisted --

16                  NYSOFA ACTING DIRECTOR OLSEN:  Well, 

17           it's a five-year, $25 billion plan.  I'm not 

18           sure which is -- why HCR is so important for 

19           the Master Plan for Aging, because we need 

20           all of those agencies that are working across 

21           the age spectrum.

22                  The Master Plan for Aging is not just 

23           about aging, it's obviously inclusive.  But 

24           it's across all agencies.  I was also sitting 


                                                                   217

 1           here for the first two testimonies.  The 

 2           impact of poverty on children and middle 

 3           income -- access to food, education, 

 4           et cetera -- is going to matter for -- as 

 5           people age, and so we need to really look at 

 6           this across the age spectrum.

 7                  SENATOR CLEARE:  Thank you.

 8                  CHAIRWOMAN KRUEGER:  Thank you.

 9                  Assembly.

10                  CHAIRWOMAN WEINSTEIN:  We've been 

11           joined by Assemblywoman Hyndman.

12                  And we go to our Veterans chair, 

13           Assemblywoman Jean-Pierre.

14                  ASSEMBLYWOMAN JEAN-PIERRE:  Well, good 

15           afternoon.  Thank you both for your 

16           testimonies.

17                  My question will go to Reverend 

18           Viviana DeCohen.  Thank you for meeting with 

19           me and my staff just a few weeks ago to catch 

20           up.  But I have a few questions.  

21                  So last December the Assembly held a 

22           hearing on veterans' services and the 

23           assessment of going from a division to a 

24           department.  And one of the questions that 


                                                                   218

 1           have been held is that there was no 

 2           representation from your office at the 

 3           hearing.  And as we transition from a 

 4           division to department, some folks are 

 5           asking, What are going to be some of the 

 6           stronghold communications between the 

 7           department to the Legislature?  And what type 

 8           of funding shifts will be necessary, needed 

 9           for the change?

10                  DVS DIRECTOR REV. DeCOHEN:  Thank you, 

11           Assemblymember.

12                  First of all, let me say good 

13           afternoon again to all of you.

14                  One of the things that happened with 

15           that hearing is something that is innate when 

16           there's technology.  It was a lack of 

17           communication, and we actually did not 

18           receive our formal invitation.  However, we 

19           did listen to the hearing and heard all of 

20           the thoughtful questions that were given by 

21           you as well as our stakeholders.

22                  One of the first things that we did 

23           was to reach out to our stakeholders to 

24           ensure that we were all on one page going 


                                                                   219

 1           forward as we make this transition from 

 2           division to department.  We know that more is 

 3           going to be needed on our part.

 4                  One of the things that I'm proud that 

 5           we were able to do as we move into this 

 6           transition -- and the communication will 

 7           continue with all of our stakeholders on our 

 8           monthly meetings that we have, with our 

 9           in-person visits that we have -- and 

10           continues to be central on all of our media 

11           platforms as well -- is to ensure that the 

12           information, the communication is going to be 

13           done before, during and after the process.  

14                  We've already begun to change all of 

15           our forms as we move into that era.  Our 

16           forms that used to ask and be able to 

17           ascertain assistance with benefits, we're now 

18           asking crucial questions:  Are you sheltered 

19           now?  Do you need help or assistance with 

20           rent now?  Do you have food in your home?  So 

21           that we can continue to meet all of our 

22           veterans' needs across the board.

23                  ASSEMBLYWOMAN JEAN-PIERRE:  So the 

24           second part of my question -- thank you for 


                                                                   220

 1           the first part.  The second part of the 

 2           question was, what are going to be the 

 3           funding needs from -- because it is going to 

 4           be a department.  So do you anticipate 

 5           funding needs, and what are those needs?

 6                  DVS DIRECTOR REV. DeCOHEN:  We're so 

 7           glad to tell you that the Governor's 

 8           Executive Budget just gave us $300,000 for 

 9           the veteran-mobiles.  We know that this is 

10           going to be something that will allow us to 

11           access those veterans who are often hidden, 

12           and those who often will not walk into a 

13           building for these services.  That's the 

14           money that's been given.

15                  As we continue to go through the 

16           process, we're going to know step by step 

17           what we're going to be needing at that time.  

18           But the money that's been released thus far, 

19           we know that that's going to be huge in the 

20           impact as we continue to move into the 

21           department.

22                  ASSEMBLYWOMAN JEAN-PIERRE:  Okay, 

23           thank you.  And I look forward to being 

24           one-on-one so we can talk more about those 


                                                                   221

 1           funding needs.

 2                  But also during that testimony there 

 3           were some veterans who provided some 

 4           emotional testimonies as far as homelessness.  

 5           And in the executive proposal, there was 

 6           1.1 million to assist homeless veterans.  

 7                  And so my question is, how many 

 8           veterans -- do you have a number of how many 

 9           veterans face housing insecurity in New York?  

10           And with this funding, is there going to be a 

11           joint program?  How many veterans do you 

12           think that 1.1 million is going to be served?

13                  DVS DIRECTOR REV. DeCOHEN:  First of 

14           all, let me say, as not only the director of 

15           Veterans' Services but as a veteran who has 

16           experienced this, if we have one veteran 

17           who's served their country, God and country, 

18           and then come out to continue the service 

19           with family and the continued service with 

20           community, it is one veteran too many that is 

21           homeless.

22                  We are so happy to hear that money is 

23           coming not just for our veterans for this 

24           program, who are unsheltered, but those again 


                                                                   222

 1           who have received devastation.  So many of 

 2           our veterans have experienced fires and end 

 3           up being unsheltered, and they've lost so 

 4           many other things.  And then we have so many 

 5           of our veterans with chronic conditions that 

 6           moved them to where they have to have 

 7           accessibility to their homes, and this is 

 8           crucial.

 9                  So we are very excited about this 

10           funding.  You know, to a lot of people, you 

11           know, it seems -- people say it's such a 

12           little amount with what's out there.  You 

13           know, but there was a story of a woman who 

14           had just a vial of oil, and she went and got 

15           bigger vats and she began to pour the oils 

16           into the vats.  And as she did that, the 

17           bigger vats were overflowing and overpouring.

18                  And we feel that's what this 

19           Governor's budget is, that what seems like 

20           little is so much in the right hands.  The 

21           last year's budget allowed us to bring in 

22           $900 million of services to our veterans 

23           across the state, with another 400 million in 

24           educational benefits.  So, you know, we're 


                                                                   223

 1           very grateful for what we've been able to do.  

 2           We've been able to accomplish a lot together.

 3                  ASSEMBLYWOMAN JEAN-PIERRE:  So just 

 4           for the essence of time, because I have a few 

 5           more questions.  So on behalf of myself and 

 6           the Legislature, we thank you for your 

 7           service and your expertise here.  But the 

 8           $1.1 million we still, as a Legislature, need 

 9           to see numbers and who and how and where and 

10           how many is going to be served under 

11           $1.1 million.  Because dollars matter here, 

12           and numbers matching dollars is critical.  

13                  So if you can get us what that 

14           $1.1 million is going to serve, and are there 

15           any participating programs that's going to 

16           support this $1.1 million?

17                  And my third question is:  So 

18           irregardless to last year's budget, again, 

19           we're talking about dollars.  Five million 

20           dollars was a capital grant program.  What is 

21           the progress so far, approvals, how many have 

22           applied?  Do we have any stats on the $5 

23           million capital project?

24                  DVS DIRECTOR REV. DeCOHEN:  Yes, thank 


                                                                   224

 1           you, Assemblymember Jean-Pierre.

 2                  The capital grants program was 

 3           announced by the Governor on November 11th, 

 4           on Veterans Day, which we had declared was 

 5           Veterans Month across the state.  So that 

 6           made it even sweeter.  We worked with DASNY 

 7           and our grants management partners, who 

 8           actually opened up the gateway, but made also 

 9           a very inclusive video on how to apply for 

10           the RFP, how to fill out the applications, 

11           and an intensive question-and-answer video 

12           that they can replay.  Many of them are still 

13           replaying it.

14                  As of right now, we have about a dozen 

15           in-process applications.  The application 

16           period closed on February the 8th, and we're 

17           looking forward to continuing the process so 

18           that these grants can be disbursed.  For so 

19           many of our partners across New York State, 

20           that will allow them to up-build and to 

21           reenergize and strengthen the foundations and 

22           continue to serve the veterans in their 

23           communities.

24                  ASSEMBLYWOMAN JEAN-PIERRE:  Thank you.


                                                                   225

 1                  I see I have a little bit more time, 

 2           so I'm just going to go back to something you 

 3           said about the 300,000.  So that's in this 

 4           year's Executive Budget proposal, to 

 5           establish a fleet of mobile veterans' 

 6           services.  How many veterans will they serve?  

 7           Again, it's going back to dollars and how 

 8           much is going to serve what population.  

 9                  So what services will they provide?  I 

10           know you talked about regional one time we 

11           met.  But what is the 300 -- compared to 

12           300,000, how many veterans is it going to 

13           serve and where is it going to serve?

14                  DVS DIRECTOR REV. DeCOHEN:  Well, we 

15           are going to begin this program -- and again, 

16           we're very grateful and excited about it, 

17           because for us this program is getting to 

18           those veterans who were like myself, that 

19           were not in areas where there was a local DSO 

20           across the street.  

21                  So these mobile units are so important 

22           to be able to go across the state.  We're 

23           going to begin with three -- one at the 

24           beginning, New York City, one in the middle, 


                                                                   226

 1           and one at the end -- so that we can get into 

 2           those places and spaces where our veterans 

 3           are.

 4                  One of the things that we're doing as 

 5           we transition into the department is a 

 6           program called Find and Serve.  And Find and 

 7           Serve allows us to get on these mobiles and 

 8           take them into an area where a veteran will 

 9           know that every Wellness Wednesday at the 

10           Piggly-Wiggly, between this time and this 

11           time, there's a van there that can help them 

12           to seek their services and all of the things 

13           that they've earned through the services, and 

14           be able to have someone there that can check 

15           their health status and ensure everything 

16           else that they're in need of.

17                  ASSEMBLYWOMAN JEAN-PIERRE:  Thank you.

18                  My time is up.  Thank you.

19                  CHAIRWOMAN WEINSTEIN:  Thank you.

20                  We go to the Senate.

21                  CHAIRWOMAN KRUEGER:  Thank you.

22                  Our new chair of Veterans, 

23           Senator Scarcella-Spartan -- Senator 

24           Scarcella-Spanton.  I'm making you a Spartan.


                                                                   227

 1                  (Laughter.)

 2                  SENATOR SCARCELLA-SPANTON:  Hi, 

 3           Reverend.  Thank you so much for being here 

 4           today.  

 5                  We had a wonderful meeting where we 

 6           got to discuss a lot of these ideas, and now 

 7           we're seeing them, you know, come to 

 8           fruition.

 9                  The one thing that I was concerned 

10           about with this upcoming Executive Budget was 

11           the cut of almost 14 percent to the Veterans' 

12           budget.  I do understand that a lot of those 

13           legislative adds will be put back.  But the 

14           5 million for veterans nonprofit capital 

15           funding is something I would love to see 

16           continued as members also patch in with their 

17           local district needs as well.

18                  But the one thing I did want to start 

19           with, which I think is wonderful, is the 

20           300,000 for the mobile veterans advisor 

21           clinics.  As we discussed, it's really 

22           important to meet people where they're at.  I 

23           think it's great, the Find and Serve motto.  

24                  I guess I wanted to ask, how long will 


                                                                   228

 1           it take to actually get these mobile vans up 

 2           and running?  And do we have a breakdown of 

 3           where they'll be going, which counties?  Is 

 4           it every county?  And how frequently?

 5                  DVS DIRECTOR REV. DeCOHEN:  Thank you 

 6           so much for that question, Senator.

 7                  We're looking at all of the details 

 8           right now as far as having them wrapped, what 

 9           is going to be supplied on there.  because 

10           there may be a few surprises on there.  We 

11           may be able to not only give them some of the 

12           services that they need on paper, but we just 

13           may be able to supply them with a good pair 

14           of warm socks on there as well.

15                  And again, we're looking forward to 

16           having them in all of those places.  We've 

17           been listening to our partners, and some of 

18           our partners are looking forward to getting 

19           these into areas where they feel may have 

20           been a little large for them and conjoining 

21           with them.

22                  One of the wonderful things that I 

23           have to tell you that I'm proud of the 

24           Governor, but also so many of you that sit 


                                                                   229

 1           here, is that we were allowed to go out and 

 2           to join with you and support so many of our 

 3           veteran partners at over 425 events just 

 4           between September and December.  

 5                  And seeing you there and supporting 

 6           our veterans, and seeing their response, and 

 7           utilizing not veterans as a number -- because 

 8           we are not numbers -- but allowing all of you 

 9           and all of us to be able to listen to them 

10           and not assume their voice, but to use a 

11           qualitative, phenomenological approach to 

12           asking them what their needs were -- when I 

13           saw this, and we received the responses as to 

14           the things that we need, that helps us to 

15           know what it is that we need on these 

16           mobiles.  

17                  Because some of them needed diapers.  

18           Others needed the food coupons that our 

19           Governor has invested in again.  Some of them 

20           did not need some of the other programs that 

21           we were assuming that they need.

22                  But I want to thank you again, because 

23           we saw you out there at these over 400 events 

24           in the past few months, and listening to what 


                                                                   230

 1           it is that the veterans need.  And I know if 

 2           we continue to do that, continue to listen to 

 3           them and allow them their own voice, then 

 4           we're going to do bigger and better even this 

 5           year than that 900 million that we brought 

 6           in.

 7                  SENATOR SCARCELLA-SPANTON:  So, you 

 8           know, I think that was a very positive piece 

 9           of the budget and something that everybody is 

10           going to be able to utilize, and hopefully 

11           our collective offices will be able to call 

12           upon these mobile units to request them at 

13           different VFW meetings in our own districts.

14                  The one issue that I really took -- 

15           that I wanted to highlight was in the 

16           Executive Budget it indicates that there's a 

17           decrease in funding for veteran nonprofit 

18           capital programs.  Why are we decreasing this 

19           funding?  And which nonprofit capital 

20           programs will be affected as a result of that 

21           decrease?

22                  DVS DIRECTOR REV. DeCOHEN:  Thank you 

23           for that question.  I'm going to have to get 

24           back to you on that because I'm not --


                                                                   231

 1                  SENATOR SCARCELLA-SPANTON:  That's 

 2           okay.  

 3                  And also the $1.1 million in funding 

 4           for the Veterans Homeless Housing Program, 

 5           could you provide details on plans for this 

 6           funding?  Is there supportive housing built 

 7           into this?  

 8                  In our district in Coney Island we 

 9           have Surf Vets, which is affordable housing 

10           for veterans.  And one of the issues that we 

11           run into is that these are people with 

12           service-related disabilities, they may have 

13           mental health issues, they're people who were 

14           formerly experiencing homelessness.  So 

15           there's not a lot of support within that 

16           housing -- within that affordable 

17           housing system.

18                  So I think that anything with housing 

19           for veterans really does need to be 

20           supportive.  I say this as a military wife of 

21           somebody with a service-connected disability.  

22           And you need to provide resources for people 

23           who have mental health conditions.  

24                  So I would love to see supportive 


                                                                   232

 1           housing built into this.  I don't think that 

 2           1.1 million could possibly provide the 

 3           support that it needs.  So I wanted to see 

 4           what you do need to provide the supportive 

 5           housing.

 6                  DVS DIRECTOR REV. DeCOHEN:  Thank you, 

 7           Senator.  And I look forward to working with 

 8           you on that as we actually -- we're in talks 

 9           now for that program, because that's exactly 

10           what we want.  

11                  This is not a one-tier with these 

12           veterans.  We have to meet them at the 

13           several levels to where they are.  And that's 

14           why we're having this thoughtful discussion, 

15           to ensure that that happens.  I look forward 

16           to continuing that work with you.

17                  SENATOR SCARCELLA-SPANTON:  Okay.  And 

18           if you guys could please get me a number on 

19           what it would take to have a real 

20           comprehensive and supportive housing program 

21           for veterans, that would be great.

22                  I also wanted to -- I know when we met 

23           we discussed the funding for the Veterans 

24           Memorial Registry, which is built in here, 


                                                                   233

 1           which is wonderful.  I wanted to see if there 

 2           was any comprehensive list of resources for 

 3           veterans and their families.  I think 

 4           sometimes there's these great 

 5           organizations -- I met with one today, 

 6           Cohen Veterans Network, that provides mental 

 7           health services to not just veterans but also 

 8           their families, their children, spouses, 

 9           whoever may need it.

10                  Is there a comprehensive list within 

11           the state that veterans and their families 

12           could tap into?  And if there's not, would a 

13           similar project like the registry for 

14           memorials make sense?

15                  DVS DIRECTOR REV. DeCOHEN:  Thank you 

16           for that question.  And we're actually 

17           working out the details of that.  In fact, 

18           after this meeting I have a meeting -- we 

19           have a meeting to discuss that program as 

20           well.

21                  But we're looking forward to that half 

22           a million dollars that the Governor has given 

23           us to have this searchable database so that 

24           our family members can continue to honor the 


                                                                   234

 1           memories of their loved ones and have access 

 2           to that for their children and their 

 3           great-grandchildren.  I happen to be a 

 4           grandmother of 10, so I will appreciate when 

 5           my grandchildren are able to look up Grandma 

 6           and see the services in there as well.

 7                  Thank you for that, and look forward 

 8           to working with you on this piece.

 9                  SENATOR SCARCELLA-SPANTON:  

10           Absolutely.  

11                  And my last question will be about the 

12           Dwyer Peer-to-Peer Program, which is a 

13           wonderful program.  I think that veterans 

14           supporting veterans, especially upon their 

15           return, is critical to their success in 

16           reintegration into civilian life.

17                  Do you feel that the Governor's budget 

18           sufficiently covers it?  There was a very, 

19           very moderate increase to the funding for the 

20           peer-to-peer program.  Do you think that it's 

21           sufficient or it should be increased?

22                  DVS DIRECTOR REV. DeCOHEN:  Well, as 

23           you know, the Joseph P. Dwyer Program is an 

24           essential program around this nation.  And 


                                                                   235

 1           for our state, we were happy last year when 

 2           the Governor doubled that budget to the 

 3           7.7 million, which allowed us to be able to 

 4           work with them and OMH to be able to get this 

 5           program out to our various counties 

 6           throughout the state so that they could erect 

 7           a program as well.

 8                  We work closely with OMH to be able to 

 9           do that, as well as our SUNY Albany 

10           researchers and partners, to be able to put 

11           together a concise listing, a guideline 

12           booklet, a Q&A booklet on how to erect and 

13           continue to strengthen and support them.

14                  You know, wherever they are right now, 

15           we are committed, I'm committed to -- because 

16           this is a program that I used to send my 

17           veteran students to many years ago.  So we 

18           know that this team is committed to 

19           continuing to support them with where they 

20           are, and we'll continue to push them as far 

21           as we can to ensure that our veterans across 

22           the state are serviced by that program.

23                  SENATOR SCARCELLA-SPANTON:  And if you 

24           could also just let me know -- I see that 


                                                                   236

 1           there's a breakdown by county.  We don't have 

 2           it quite as broken down for New York City, it 

 3           just has New York City listed as the county.  

 4                  If you could send me a breakdown of 

 5           the peer-to-peer services and the funding 

 6           that are in both Kings County and Richmond 

 7           County, I think that would be really helpful.  

 8           We're happy to get the word out and, you 

 9           know, provide support to our local veterans.  

10                  And yeah, I just wanted to say thank 

11           you for your service and I know I'm very much 

12           looking forward to working together with the 

13           mobile vans.  I think it will be a great help 

14           to veterans in need.

15                  So thank you.

16                  DVS DIRECTOR REV. DeCOHEN:  Thank you 

17           so much, Senator.

18                  CHAIRWOMAN WEINSTEIN:  So we go to 

19           Assemblyman Eachus for three minutes.

20                  ASSEMBLYMAN EACHUS:  Thank you, 

21           Ms. Chair.

22                  Reverend DeCohen, thank you for your 

23           service.  And I assure you your division, 

24           soon to be department, has all my support. 


                                                                   237

 1                  I also want to thank you for your 

 2           optimism when you're sitting there eyeing a 

 3           governor's state appropriations of a decrease 

 4           of $4.78 million, or approximately 14 

 5           percent, and you still seem to have a little 

 6           bit of a smile on your face.

 7                  So -- and relative to those new vans, 

 8           do please check with the counties.  My county 

 9           is very, very concerned and gracious to all 

10           veterans.  We have vans traveling throughout 

11           the county.  We actually take veterans to 

12           their medical appointments and to shopping 

13           and so on like that.

14                  But the question I have for you is I 

15           would like to first let you know that for 

16           40 years I was a high school teacher, and I'm 

17           affiliated with many of the military service 

18           organizations.  And I was wondering if you 

19           knew about something with the American 

20           Legion -- I'm going to pick out one service 

21           organization -- the Boys State and Girls 

22           State program at all.  

23                  This is a program where posts across 

24           the state can send kids for a week of 


                                                                   238

 1           basically boot camp, and every student that I 

 2           have ever sent there through these 

 3           organizations and has returned has bragged 

 4           about it.  

 5                  And we no longer support that -- we, 

 6           being the state, no longer support that.  So 

 7           I am definitely going to ask for an 

 8           appropriation of 150,000 for the Boys State 

 9           and 150,000 for the Girls State to get us 

10           back helping these programs, because I feel 

11           they really need help.

12                  Would your department support these 

13           programs?

14                  DVS DIRECTOR REV. DeCOHEN:  First of 

15           all, let me happily and proudly say I am a 

16           Legionnaire, and so I am very familiar with 

17           these programs.  

18                  And as a Legionnaire -- listen, as a 

19           department -- as a division to department, we 

20           want to continue to support all of our 

21           partners who are supporting our veterans.  

22           Part of our veterans is their families as 

23           well as the children.  And there is no better 

24           way that we know to continue to strengthen 


                                                                   239

 1           our partnership than to ensure that the next 

 2           generation continues to have the fortitude 

 3           and the strength and the knowledge and 

 4           support them, you know, as they go into 

 5           adulthood, honoring our nation's heroes.

 6                  So I look forward to working with you 

 7           with that, Assemblyman.

 8                  ASSEMBLYMAN EACHUS:  Director Olsen, I 

 9           only have a half-minute, so I'm just going to 

10           pose my two questions.  There won't be any 

11           time to answer them.

12                  But the first is back to the LTCOP 

13           program.  Eighty percent of those 

14           participants, those ombudsmen, are 

15           volunteers, and I just would like to hear 

16           specifically at some point in time what 

17           you're doing to encourage these volunteers.  

18           Because I didn't even know about the program, 

19           and I was 12 years on the Orange County 

20           Legislature.

21                  And then the other question I would 

22           have is you have in your key investments and 

23           proposals "strengthening EMS," and I'd like 

24           to hear how you're going to do that too.


                                                                   240

 1                  Thank you.

 2                  CHAIRWOMAN WEINSTEIN:  Senate?

 3                  CHAIRWOMAN KRUEGER:  Thank you.

 4                  Senator Ashby, five minutes, ranker.

 5                  SENATOR ASHBY:  Thank you, 

 6           Madam Chair.

 7                  Thank you, Director DeCohen.  Thank 

 8           you, Commissioner Olsen.

 9                  Real quick, Commissioner Olsen, what's 

10           the timeline for the master plan?

11                  NYSOFA ACTING DIRECTOR OLSEN:  We're 

12           supposed to have a draft early on in the 

13           spring, and then it will commence -- 

14           hopefully after, you know, huge public 

15           input -- sometime next year.

16                  SENATOR ASHBY:  Okay, appreciate it.

17                  Director DeCohen, good to see you.

18                  DVS DIRECTOR REV. DeCOHEN:  Yeah, it's 

19           good to see you, Senator.

20                  SENATOR ASHBY:  You know, I'm happy to 

21           hear that we're starting to put something 

22           forward with, you know, these -- the mobile 

23           response.  I think that's a good thing.

24                  But in light of, you know, really the 


                                                                   241

 1           lack of funding and the lack of effort that 

 2           we've seen with this Governor's 

 3           administration with this new department, I'm 

 4           kind of surprised to hear that, you know, 

 5           that's the only thing that's going on.  I 

 6           mean, are there any other subdivisions that 

 7           you're looking to outfit?  Is there any other 

 8           federal programming or federal dollars that 

 9           you're looking to get to implement into this 

10           new agency?

11                  DVS DIRECTOR REV. DeCOHEN:  Oh, thank 

12           you, Senator.  Thank you for that.

13                  Absolutely.  And again, being into the 

14           public and going across this state now, from 

15           New York City, Bronx, all the way to Buffalo, 

16           has allowed us to be able to listen to the 

17           needs of our veterans.  And so absolutely.  

18           We're continuing to work with our veterans 

19           who are incarcerated.  As you know, we've 

20           already put in programs and veterans benefit 

21           advisors into so many of these correctional 

22           programs, and we're doing the welcome back 

23           with them as well so that they have a warm 

24           handshake back into society when they come 


                                                                   242

 1           in.

 2                  Our volunteerism, our programs for our 

 3           veterans -- as you know, volunteerism has 

 4           been a lifesaver for so many of our veterans 

 5           who have gotten their dignity back because 

 6           their self-worth is not only in God and 

 7           country and family, but now back into the 

 8           community with that.

 9                  Continuing to meet the needs of our 

10           veterans who are expecting babies and 

11           unemployed -- and this state has done a great 

12           job in our -- 

13                  SENATOR ASHBY:  Director DeCohen, if I 

14           could interrupt you, though.  

15                  Is -- are there any -- aside from the 

16           prison program that you had mentioned, is 

17           there any specific program that you know of 

18           right now that you're looking to implement 

19           with this new agency?  I mean, other than the 

20           volunteers, which are great, but -- the 

21           elevation allows us to garner federal dollars 

22           for this.  What are we targeting?

23                  DVS DIRECTOR REV. DeCOHEN:  Well, 

24           we're continuing to target our suicide 


                                                                   243

 1           prevention programs.  We're continuing to --

 2                  SENATOR ASHBY:  I'm glad you brought 

 3           that up.  And I -- because I only have five 

 4           minutes, I apologize for interrupting you.

 5                  DVS DIRECTOR REV. DeCOHEN:  That's all 

 6           right.

 7                  SENATOR ASHBY:  But the Dwyer program, 

 8           part of the aim of elevating the division to 

 9           an agency is the hope that the Dwyer program 

10           could be permanent funding, so we wouldn't 

11           have to go back and do this each and every 

12           year.  Is that something that your department 

13           is committed to?  

14                  Because right now, I mean, we're 

15           seeing a modest increase in that.  This is 

16           something that needs to happen, that we hear 

17           about it every day.  And I know that we have 

18           people here in the audience that are going to 

19           provide testimony to this.  

20                  Why is the Governor not moving on this 

21           issue the way that we need her to?

22                  DVS DIRECTOR REV. DeCOHEN:  Well, 

23           Senator, we're glad for the movement that we 

24           have because, again, so much has been 


                                                                   244

 1           accomplished with the Dwyer program and what 

 2           they're doing, and the doubling of those 

 3           funds to $7.7 million.  

 4                  And we continue to work with them as 

 5           well as OMH and all of our other partners.  

 6           We're going to ensure that we continue to 

 7           support them in any way that --

 8                  SENATOR ASHBY:  And I'm sure in your 

 9           role, Director, and as a veteran, you know 

10           that that's not good enough.  I know that 

11           that's not good enough.  Our veterans and 

12           their families deserve better than that.  And 

13           we've worked too hard over the last years to 

14           elevate this division to an agency to be 

15           satisfied with that response.  That's as 

16           plain as it gets.

17                  With $30 million -- take a look at 

18           these numbers.  Thirty million in funding for 

19           New York State veterans.  We have roughly 

20           700,000 veterans in New York.  In New Jersey 

21           they have $104 million in state funding.  

22           They have 300,000 veterans.  In 

23           Massachusetts, $97 million in funding, 

24           roughly 300,000 veterans.


                                                                   245

 1                  There's a huge disparity there.  And 

 2           we have a great opportunity here, and we have 

 3           a great leader in you.  And we need to do a 

 4           better job for our veterans in making this 

 5           happen.  I know that you recognize this, and 

 6           I know that you're pushing for it in a 

 7           variety of ways.  But New York State's 

 8           veterans and their families deserve better.

 9                  What do we need to do as a Legislature 

10           to make that happen?  What do we need to do 

11           to make the Dwyer funding permanent, to 

12           capitalize on federal grants and programming 

13           that could benefit our veterans and their 

14           families?  This is your opportunity.

15                  DVS DIRECTOR REV. DeCOHEN:  Thank -- 

16           thank you, Senator.

17                  One thing that we need to do is to 

18           continue to work together to allow the voices 

19           of our veterans to allow us to know what 

20           their needs are.  But also we have to look at 

21           what we've brought in.  And again, the work 

22           that we've done this past year with what we 

23           were given has brought in so much and helped 

24           so many that remain unseen to all of us.  


                                                                   246

 1                  And as we know, our service, as was 

 2           said earlier, is often unthanked, often 

 3           unknown to all of the things that you're 

 4           doing.  But I want you to know that so much 

 5           has been done already with what we have 

 6           accomplished this past year, and we can only 

 7           continue to do more.  And we will.

 8                  CHAIRWOMAN KRUEGER:  Thank you, 

 9           Reverend.  Thank you, Senator.

10                  DVS DIRECTOR REV. DeCOHEN:  Thank you, 

11           Senator.

12                  CHAIRWOMAN KRUEGER:  Assembly.

13                  CHAIRWOMAN WEINSTEIN:  Assemblywoman 

14           Clark.

15                  ASSEMBLYWOMAN CLARK:  Thank you.  

16                  Good to see you.  This is to 

17           Director Olsen at Aging.

18                  I thank you for your testimony and for 

19           some of the many good things that are in 

20           there, but I know you were at -- in Rochester 

21           last week, and I, at a breakfast that our 

22           organizational group around aging issues was 

23           there.  And you heard firsthand, as I did, 

24           that one of our amazing groups that does a 


                                                                   247

 1           lot of work in this space said it was 

 2           probably one of the worst budgets she'd ever 

 3           seen for older New Yorkers.  And so that 

 4           really does throw a huge amount of concern to 

 5           me.

 6                  I think that particularly when you 

 7           look at the issues we see around increasing 

 8           poverty in our older New Yorkers, when you 

 9           see the just huge population growth in older 

10           New Yorkers, when you understand what COVID 

11           has done in our long-term-care facilities, 

12           that even holding flat is a disappointment 

13           when we know we need to move forward to 

14           really make this work.

15                  And I want to focus on the Long Term 

16           Care Ombudsman Program quickly, which we've 

17           heard a lot about.  And I get that we keep 

18           saying we need federal support and we need 

19           federal investment, but last I heard we were 

20           39th in the country in terms of a state 

21           investing dollars into that program.  So if 

22           38 other states are doing more than we are 

23           right now, I think we owe it to do more as 

24           well.


                                                                   248

 1                  What do you think would be -- I mean, 

 2           you know we can't run this program on 

 3           volunteers.  We can't have weekly visits 

 4           based on volunteers.  We can't have 

 5           volunteers going toe-to-toe with DOH on 

 6           answers for complaints.  Do you sort of 

 7           recognize that we have to get to the point 

 8           where we truly professionalize this and 

 9           invest dollars into it?

10                  NYSOFA ACTING DIRECTOR OLSEN:  I think 

11           the entire network needs that.  Again, 

12           because the structure of the Older Americans 

13           Act 50-something years ago really relied on 

14           volunteers.

15                  We are working with, you know, 

16           physicians' offices, hospitals, plans, 

17           long-term-care facilities, et cetera.  And 

18           you're absolutely right, you can't expect, 

19           you know, 75-year-old, 80-year-old volunteers 

20           -- who are unbelievably dedicated and smart 

21           -- to do the job that a professional ought to 

22           do.

23                  ASSEMBLYWOMAN CLARK:  Excellent.

24                  And I just also want to say, you know, 


                                                                   249

 1           some of the things to flag as we look 

 2           particularly at removing and getting -- 

 3           continuing to get older New Yorkers who are 

 4           on these waitlists for critical basic needs 

 5           off these waitlists.  You know, DOH had 

 6           2.1 million in its budget to create a new 

 7           program that is particularly or could be 

 8           considered duplicative to what we're already 

 9           doing.  Why not put that into SOFA?  Why not 

10           get that extra $9.5 million that we need to 

11           remove waitlists, let alone go above and 

12           beyond to see what we can do to really help 

13           seniors in poverty?  

14                  Thank you.

15                  CHAIRWOMAN WEINSTEIN:  Thank you.

16                  To the Senate.

17                  CHAIRWOMAN KRUEGER:  Thank you.

18                  Senator May.

19                  SENATOR MAY:  Thank you.

20                  Hi, Commissioner Olsen, or 

21           Director Olsen.  Great to see you again.

22                  NYSOFA ACTING DIRECTOR OLSEN:  You 

23           too.

24                  SENATOR MAY:  I wanted to thank 


                                                                   250

 1           Senator Cleare for asking a number of the 

 2           questions that I had.  

 3                  But I wanted to follow up about the 

 4           NORC funding in the budget.  And I'm glad to 

 5           see there's Neighborhood NORC as well as the 

 6           traditional NORC funding.  But what are you 

 7           thinking about our upstate cities which don't 

 8           fall typically into either category?  Is 

 9           there planning for a third category of NORCs 

10           so we can have smaller apartment buildings, 

11           for example, in our upstate cities 

12           participate in this program?

13                  NYSOFA ACTING DIRECTOR OLSEN:  Yeah, 

14           Senator, good to see you as well.  

15                  You know, when we did the 

16           modernization of the NORC program a few years 

17           ago, it was at '14 or so, we did attempt in 

18           there to create models that would serve rural 

19           communities, urban communities and suburban.  

20           We worked with you last year and some of the 

21           NORCs, specifically for one in your district 

22           in Syracuse, where a couple of other tweaks 

23           needed to be made.  

24                  So, you know, I think that's something 


                                                                   251

 1           that we should all look at.  It's 

 2           budget-neutral, and what the Naturally 

 3           Occurring Retirement Communities does was so 

 4           ahead of their time in terms of bringing 

 5           together healthcare and social determinants 

 6           of health, social services that we provide to 

 7           serve people holistically.  So it's not meant 

 8           to be exclusive, and I think that's what we 

 9           tried to do, and the modernization might need 

10           a tweak.

11                  SENATOR MAY:  Okay, great.

12                  And then following up to what 

13           Assemblymember Clark said, I heard you say 

14           earlier that we were hoping to get to about 

15           60 percent coverage of nursing homes with 

16           ombudsmen.

17                  NYSOFA ACTING DIRECTOR OLSEN:  That's 

18           where we are now with the additional 35 staff 

19           that was negotiated, thanks to you and then 

20           the Governor last year, to add that to our 

21           budget.

22                  SENATOR MAY:  Okay.  Because by law it 

23           should be 100 percent, and so we've got to 

24           start putting the money in to make sure that 


                                                                   252

 1           we're getting to 100 percent.  That's where I 

 2           am.

 3                  Thank you.

 4                  CHAIRWOMAN KRUEGER:  Thank you.

 5                  Assembly.

 6                  CHAIRWOMAN WEINSTEIN:  Assemblyman 

 7           Gallahan.

 8                  ASSEMBLYMAN GALLAHAN:  Thank you, 

 9           Madam Chair.  

10                  Thank you both for your testimony and 

11           all that you do for us here in New York 

12           State.

13                  Director Olsen, I have one topic, and 

14           it is constantly coming across my email 

15           screen, it is constantly on my phone, and I 

16           constantly get bombarded with it, and it has 

17           to do with home healthcare aides.  And the 

18           biggest complaint I have is retention and 

19           hiring, which we all are well aware of that.  

20           The biggest problem I have is in my own 

21           community.  There's such a shortage, the 

22           retention rate is -- it's just dysfunctional.  

23           It's terrible.  Because all these folks are 

24           going to McDonald's and Burger King for two 


                                                                   253

 1           and three dollars more an hour.

 2                  Now, you know, the state mandated 

 3           wages for fast food workers.  Is there any 

 4           discussion about this situation with home 

 5           healthcare aides?  And if there is, I would 

 6           love to know, so I can report that back to my 

 7           constituents.  Because I'm really -- I'm 

 8           really catching it on this, and rightfully 

 9           so.  I mean, our loved ones are not getting 

10           the care that they need, and they're the most 

11           important people in our lives.  

12                  So I would really respect your 

13           response.  

14                  NYSOFA ACTING DIRECTOR OLSEN:  Yeah, 

15           absolutely, Assemblyman.  That is the 

16           problem.  

17                  As you know, last year's budget 

18           contained a $2 increase for personal care 

19           aides and home care aides, and another dollar 

20           coming up in October of '23.

21                  You're right, it's difficult work.  

22           You know, you're not guaranteed a certain 

23           number of hours, you don't get paid when you 

24           travel.  And the people that are in that 


                                                                   254

 1           business really love the work that they do.  

 2           But you're right, when you have aides in 

 3           somebody's house, you can help them remain 

 4           independent with dignity for a very, very 

 5           long time.

 6                  I mentioned earlier, and I'm not sure 

 7           if you were here at the time, we have been 

 8           working -- because our in-home program is not 

 9           Medicaid.  We serve people who are just above 

10           Medicaid -- who could certainly spend down, 

11           but they don't need to, because we coordinate 

12           a package of services around them, including 

13           PC 1 and 2, which is the personal care aides.  

14                  And what we have seen by, you know, 

15           trying to work with our counties to hire 

16           aides directly or have the licensed home care 

17           services agencies provide a certain number of 

18           aides just to the OFA, we've seen elimination 

19           of waitlists, we've seen no turnover.  

20           They're part of the care teams.  Who's the 

21           most important part of that care team is the 

22           person that's in the home every day that can 

23           report things in realtime.

24                  So these are the kinds of things that 


                                                                   255

 1           I think -- well, this one in particular, but 

 2           there's other models of things that the 

 3           Offices for the Aging do so well that really 

 4           we're excited to bring to the Master Plan for 

 5           Aging and the Reimagine Long-Term Care.  

 6           Because I think a real continuum starts at 

 7           the community level, and hopefully Medicaid 

 8           is the payer of last resort.  

 9                  And there's things out there that have 

10           been tried and tested and show a return on 

11           investment, both in terms of savings but 

12           really these are people, as you had talked 

13           about.  I would love to -- I know I'm done, I 

14           was just going to offer in your district, we 

15           should have a conversation and see if that's 

16           something we can get the county executives to 

17           do.

18                  I also just want to mention that, you 

19           know, as of this morning -- and vouchers may 

20           be late -- our AAAs have about $77 million 

21           available to them for ARPA funds through '24.  

22           That can certainly help.

23                  CHAIRWOMAN WEINSTEIN:  Thank -- 

24           thank -- thank you.


                                                                   256

 1                  NYSOFA ACTING DIRECTOR OLSEN:  I'm so 

 2           sorry, Assemblywoman.

 3                  CHAIRWOMAN WEINSTEIN:  Thank you.

 4                  ASSEMBLYMAN GALLAHAN:  Thank you.  

 5           Thank you very much.

 6                  CHAIRWOMAN WEINSTEIN:  To the Senate.

 7                  CHAIRWOMAN KRUEGER:  Thank you.

 8                  To Roxanne Persaud.

 9                  SENATOR PERSAUD:  Thank you.

10                  Reverend, it's always great to see 

11           you.  And thank you for your passion and your 

12           commitment to, you know, your colleagues, 

13           your fellow veterans.  I really appreciate 

14           everything that you continue to do.

15                  Director Olsen, are you aware of our 

16           legislation where we're talking about 

17           breaking up the 24-hour work rule for home 

18           health attendants?

19                  NYSOFA ACTING DIRECTOR OLSEN:  Yeah.  

20           That's not applicable to us, Senator, I'm 

21           sorry --

22                  SENATOR PERSAUD:  No, I'm just asking.

23                  NYSOFA ACTING DIRECTOR OLSEN:  Yeah, 

24           I'm familiar with it.


                                                                   257

 1                  SENATOR PERSAUD:  So we were talking 

 2           about -- why I brought it up is when we're 

 3           talking about the salaries for home health 

 4           attendants, and across the board they are not 

 5           being paid enough.  They are working -- and 

 6           you have some -- who work 24-hour shifts 

 7           without being paid the appropriate amount of 

 8           money.  As you know, they are only paid for 

 9           13 hours that they work.  And so we're 

10           looking to change that.  I just wanted to 

11           bring that up.

12                  Could you tell me what is the plan for 

13           the home-delivered meals?  There are so many 

14           people who are still on a waitlist.  What is 

15           being done to ensure that our seniors are 

16           receiving the meals that they should receive?

17                  NYSOFA ACTING DIRECTOR OLSEN:  Yup, 

18           Senator, I'd love to know where the waitlists 

19           are for home-delivered meals, because we 

20           don't -- we're not seeing that.  There's 

21           pockets for sure, and there's some places in 

22           the city.  

23                  As you know, we do operate and 

24           administer with our partners the largest 


                                                                   258

 1           nutrition program in the country.

 2                  I'll also just mention that, again, 

 3           meals are -- was the number-one service 

 4           provided from the beginning of the pandemic 

 5           to now, no question.  And it's 

 6           extraordinarily important.  Food is medicine.

 7                  SENATOR PERSAUD:  We're still having 

 8           some -- so I have -- for example, I have a 

 9           couple, both of them are cancer patients, and 

10           they're still trying to get it.  They're 

11           constantly calling about having meals 

12           delivered.  And, you know, we contact the 

13           agencies and, you know, then we have a 

14           stop-gap method, and then it happens again.

15                  So, you know, we'll send -- we'll 

16           follow up with you on that, because --

17                  NYSOFA ACTING DIRECTOR OLSEN:  Yeah, 

18           I'd appreciate that.

19                  SENATOR PERSAUD:  -- it's something 

20           that, you know, we need to --

21                  NYSOFA ACTING DIRECTOR OLSEN:  I'd 

22           appreciate that.

23                  SENATOR PERSAUD:  -- to address.

24                  And one last thing for you -- no, that 


                                                                   259

 1           was it, what we -- the home-delivered meals.  

 2           I think I covered it --

 3                  NYSOFA ACTING DIRECTOR OLSEN:  Can I 

 4           just say something in 48 seconds really to 

 5           everybody here?

 6                  SENATOR PERSAUD:  Sure.

 7                  NYSOFA ACTING DIRECTOR OLSEN:  SNAP 

 8           benefits are extraordinarily important that a 

 9           lot of older adults are eligible for that 

10           don't use it.  It could put an extra $2,000 

11           in their pocket.  

12                  Starting probably in the next month, 

13           last year's budget raised the income level 

14           for the Medicare Savings Program.

15                  SENATOR PERSAUD:  Right.

16                  NYSOFA ACTING DIRECTOR OLSEN:  That 

17           will serve 300,000-plus people, put $7,000 

18           back into their Social Security checks.  

19                  We could really use your help, in 

20           addition to the networks that we're going to 

21           engage, to get the word out so that -- again, 

22           you put just those two together, that's 

23           $10,000 in people's pockets in this really 

24           difficult inflationary time.  So we could 


                                                                   260

 1           certainly use all of your help as well to 

 2           advertise in your district offices and public 

 3           forums, that these exist.

 4                  SENATOR PERSAUD:  Thank you.  I hope 

 5           you will send that to DFTA so they can send 

 6           it to all our senior centers across the -- 

 7           yeah, thank you.

 8                  CHAIRWOMAN KRUEGER:  Thank you.

 9                  Assembly.

10                  CHAIRWOMAN WEINSTEIN:  Assemblywoman 

11           Forrest.

12                  ASSEMBLYWOMAN FORREST:  Thank you.

13                  Thank you, Reverend DeCohen, for being 

14           here.  We appreciate your service.

15                  My question is for Director Olsen.  As 

16           you know, SOFA is required by law and statute 

17           to submit a report to both the Assembly, the 

18           Senate, and the Governor.  Right?  That was 

19           due since September 1, 2020.

20                  Now, you had spoken a bit about the 

21           report, but I wanted to get some more 

22           clarity.  Who is leading the report at this 

23           time?  And when the report --

24                  NYSOFA ACTING DIRECTOR OLSEN:  Which 


                                                                   261

 1           report are we talking about?

 2                  ASSEMBLYWOMAN FORREST:  SOFA is 

 3           supposed to give a report.

 4                  NYSOFA ACTING DIRECTOR OLSEN:  You're 

 5           talking about an annual report?

 6                  ASSEMBLYWOMAN FORREST:  The Master 

 7           Plan for Aging report, yes.  And it's 

 8           supposed to be given.

 9                  But who is actually leading this -- 

10           the report?  And do you have a time frame on 

11           when this --

12                  NYSOFA ACTING DIRECTOR OLSEN:  You 

13           mean leading the development of the plan?

14                  ASSEMBLYWOMAN FORREST:  Yes.

15                  NYSOFA ACTING DIRECTOR OLSEN:  So the 

16           Health Department is leading that, and we are 

17           working hand in hand with them.

18                  ASSEMBLYWOMAN FORREST:  Do you know a 

19           time frame?  Is there a time frame, a month, 

20           two months?

21                  NYSOFA ACTING DIRECTOR OLSEN:  Oh, 

22           absolutely.  Like I said, we were supposed to 

23           have the draft report due in the spring, but 

24           it's an 18-month process.  The final report 


                                                                   262

 1           will be in 2024.  I'd be happy to tell you 

 2           what the timelines are that were laid out in 

 3           the executive order.

 4                  ASSEMBLYWOMAN FORREST:  In the 

 5           meantime, the $1 million that is in the 

 6           executive report, is that part of that 

 7           $1 million being spent on this plan as well?

 8                  NYSOFA ACTING DIRECTOR OLSEN:  It's 

 9           for development and technical support.  

10           There's -- like I said, there's a lot that 

11           goes on behind the scenes, from the 

12           development of a website to organizing the 

13           meetings and the calls and things like that.

14                  So, you know, in last year's budget 

15           and State of the State, the Governor had 

16           announced that we would get 1.5 million.  We 

17           got 500,000 last year and then preserve that 

18           commitment this year.

19                  ASSEMBLYWOMAN FORREST:  All right, 

20           thank you.

21                  And then also the AARP says that 

22           96 percent of New York City's nursing homes 

23           and adult care facilities failed to receive a 

24           single visit from the New York federally 


                                                                   263

 1           required adult oversight program, the 

 2           ombudsman program.  Right?  And they said 

 3           that the -- you need one employee to visit 

 4           five different facilities.  And I'm a nurse, 

 5           so I'm all for safe staffing, right?

 6                  Can you explain why this funding is -- 

 7           I still don't understand, and I want to make 

 8           sure.  Why is this funding still not properly 

 9           allocated?  I mean, an only $2.5 million 

10           increase does not man the entire state, much 

11           less just -- it doesn't man New York City, 

12           much less the whole state.

13                  NYSOFA ACTING DIRECTOR OLSEN:  Yeah, I 

14           think, you know, it has traditionally been 

15           underfunded.  I talked to you about how much 

16           we get from the federal government, and we 

17           have cobbled together through a variety of 

18           sources since at least I've been at NYSOFA, 

19           to try to increase --

20                  ASSEMBLYWOMAN FORREST:  I'm not 

21           talking about the federal, I'm talking about 

22           the New York City -- New York State's 

23           commitment.

24                  NYSOFA ACTING DIRECTOR OLSEN:  Again, 


                                                                   264

 1           I can't comment on AARP's visits or not.  I 

 2           can get you data directly from us.

 3                  I think budgets are hard because 

 4           they're big and there's a lot of different 

 5           things that people want, and this is the 

 6           beginning of the process where, you know, 

 7           Governor outlays her priorities, you guys 

 8           will do the same thing, and then, you know, 

 9           there'll be a dialogue over the next couple 

10           of months --

11                  (Inaudible overtalk.)

12                  CHAIRWOMAN WEINSTEIN:  Thank you.

13                  Senate?

14                  CHAIRWOMAN KRUEGER:  Thank you.

15                  Cordell Cleare, three-minute second 

16           round, to close for the Senate.  Oh, I'm 

17           sorry, not to close for the Senate.  I forgot 

18           Senator Weik.

19                  Three minutes, go ahead.

20                  SENATOR CLEARE:  Okay.  Director 

21           Olsen, I just wanted to ask, did SOFA receive 

22           any pandemic money directly or through 

23           another agency?  And if so, is it continued 

24           in the '23-'24 budget proposal?


                                                                   265

 1                  NYSOFA ACTING DIRECTOR OLSEN:  Are you 

 2           talking about stimulus dollars?

 3                  SENATOR CLEARE:  Any dollars that SOFA 

 4           received to --

 5                  NYSOFA ACTING DIRECTOR OLSEN:  Yeah, 

 6           we received five different packages of 

 7           federal stimulus dollars.  That's what I was 

 8           mentioning; the largest one is the ARPA funds 

 9           that expire September 31, '24.  And there's 

10           still quite a bit of available resources to 

11           the counties.

12                  All of our money, except those that 

13           are outlined in our budget, are required by 

14           law to go to the counties.  So I'm frustrated 

15           that some of them are not spending dollars 

16           that could help, again, with some of these 

17           needs that we have.

18                  SENATOR CLEARE:  Okay.  And also a 

19           little off-topic, you know, I have senior 

20           centers in my district that provide 

21           incredible service to the seniors that are 

22           living there, who are living at home who 

23           depend on them daily for social, health and 

24           other resources.  And they are literally, 


                                                                   266

 1           many of them, falling apart.  They're not in 

 2           good facilities, they are in need of capital.  

 3                  How can SOFA help these very important 

 4           centers?  In my district I have A. Philip 

 5           Randolph Center -- I mean, and they're 

 6           scrambling, they're providing really critical 

 7           services, as you know --

 8                  NYSOFA ACTING DIRECTOR OLSEN:  They 

 9           really are.  And there's never been federal 

10           or state capital dollars for senior centers.  

11           They're mostly funded, besides the service 

12           money we provide, they're mostly funded 

13           locally, as you know.

14                  But you're right.  I've been around, 

15           you know, for 31 years; I've seen a lot of 

16           these centers.  Some of them are amazing in 

17           terms of their structure, and some of them 

18           are really struggling.

19                  SENATOR PERSAUD:  Yeah, and we really 

20           need it, because some -- they need to be 

21           retrofitted, they need to have bathrooms 

22           done, they need their kitchens --

23                  NYSOFA ACTING DIRECTOR OLSEN:  They 

24           need to be welcoming.


                                                                   267

 1                  SENATOR CLEARE:  They need to be 

 2           welcoming, and they need to be habitable for 

 3           the period of time that people are in them, 

 4           technology needs, and so forth and so on.

 5                  So that's just something I really want 

 6           to bring to you and talk to you about how we 

 7           can get those centers upgraded.  I have 

 8           Central Harlem Senior Center, they're 

 9           operating in a basement.  You know, that's 

10           not -- it's just not cool.

11                  So I just thank you for that.  The 

12           pandemic money -- you know, I saw senior 

13           centers and senior programs happening during 

14           the pandemic that really should have been 

15           happening all along.  So that's why I asked 

16           that question about pandemic dollars, because 

17           some of that needs to be continued.  We 

18           should have been doing it even pre-pandemic.

19                  NYSOFA ACTING DIRECTOR OLSEN:  You're 

20           absolutely right.  We can talk afterwards 

21           because there's a lot of things that we 

22           launched with our association partners in 

23           counties over the last two years that 

24           absolutely are continuing.


                                                                   268

 1                  SENATOR CLEARE:  Thank you.

 2                  And Reverend, I'd just like to thank 

 3           you for your service.  I will contact you 

 4           about the mobile units.

 5                  DVS DIRECTOR REV. DeCOHEN:  Thank you, 

 6           Senator.

 7                  SENATOR CLEARE:  Thank you.

 8                  CHAIRWOMAN KRUEGER:  Thank you.

 9                  Assembly.

10                  CHAIRWOMAN WEINSTEIN:  Assemblyman 

11           Burdick.

12                  ASSEMBLYMAN BURDICK:  Thank you.

13                  And thank you, Reverend DeCohen, for 

14           your service and for your testimony.

15                  And I have to confess that I do share 

16           the concerns and being perplexed how your 

17           testimony seems to describe an increase in 

18           services and yet there's a substantial 

19           decrease in the budget.  And, I mean, it kind 

20           of defies gravity.

21                  And I'm wondering if you could try to 

22           explain how that might be accomplished, 

23           particularly with what I think is very 

24           laudable, to have the new Homeless Veterans 


                                                                   269

 1           Housing Program.

 2                  And, you know, the other question I 

 3           would ask in connection with the latter is 

 4           whether that's a program that you intend to 

 5           work in collaboration with OTDA.

 6                  DVS DIRECTOR REV. DeCOHEN:  Oh, thank 

 7           you.  Thank you, Assemblymember.

 8                  That program, as I stated, it's still 

 9           a new program to us, so we're still hashing 

10           out all of the details.

11                  Less, I don't know from this 

12           administration, but I do know the dollar and 

13           cents amount that we were able to bring in.  

14           And again, that $900 million in services to 

15           our veterans across the state is a number 

16           that exceeded the one on last year.

17                  And we know that there's more to be 

18           done, especially as we are moving into our 

19           new nomenclature as a department.  There's so 

20           many levels and so many tiers.  And we know 

21           that that is not our area, but we are looking 

22           forward to working with you to be able to 

23           ensure that this is going to meet the needs 

24           of all of our veterans across the state as we 


                                                                   270

 1           move forward.

 2                  ASSEMBLYMAN BURDICK:  Well, I think 

 3           it's a daunting task, you know, with the 

 4           decrease in expenditures, as one of my 

 5           colleagues noted.  And, you know, it's 

 6           commonly known that it's almost a 14 percent 

 7           cut in the budget at a time of high inflation 

 8           as well as increasing needs and a large 

 9           veterans population.  And as one of the 

10           Senators noted, it contrasts quite poorly, I 

11           think, frankly, with Massachusetts, 

12           New Jersey, other states in terms of the 

13           funds that they devote in their state budgets 

14           to their veterans services.

15                  So I think there certainly will be 

16           some interest in increasing the budget.  I 

17           don't know whether we'll be successful in 

18           that.  But I think that that's something that 

19           we all would like to see.

20                  But in any event, we certainly thank 

21           you for your service and everything that 

22           you're trying to do on behalf of the 

23           veterans.

24                  DVS DIRECTOR REV. DeCOHEN:  Thank you, 


                                                                   271

 1           Assemblymember.  

 2                  I'd like to say, in this last 

 3           17 seconds, I remember the old adage of my 

 4           grandmother having a half a cup of rice and 

 5           looking like she could only feed herself, and 

 6           she ended up not only feeding the entire 

 7           family but she felt she was able to feed the 

 8           community as well.  And that's what we're 

 9           hoping to continue to do with what we have.

10                  ASSEMBLYMAN BURDICK:  Sounds like a 

11           biblical reference.

12                  CHAIRWOMAN WEINSTEIN:  Thank you.

13                  To the Senate.

14                  CHAIRWOMAN KRUEGER:  Thank you.

15                  Senator Weik.

16                  SENATOR WEIK:  Thank you very much.

17                  And I want to say thank you to 

18           Reverend DeCohen.  Thank you for your 

19           service.  Thank you for your testimony today.

20                  I come from Suffolk County, which has 

21           the greatest number of veterans in all of 

22           New York State.  I'm very proud to say that.  

23           And I work very hard with our veterans to 

24           make sure that we're providing however we 


                                                                   272

 1           can.

 2                  We do have a lot of veterans who are 

 3           complaining of kind of the same thing over 

 4           and over again, which is that their posts are 

 5           in disrepair.  They've been applying for 

 6           grants, they're waiting for signatures, 

 7           they've gotten that far.  And these posts are 

 8           really vital to their services when they 

 9           provide Joseph P. Dwyer Peer-to-Peer Program 

10           services.  And if I heard you correctly, that 

11           you'll be going around assisting to try to 

12           help them apply for these grants.  Is that 

13           accurate, you're able to do that?

14                  DVS DIRECTOR REV. DeCOHEN:  Yeah.  The 

15           grants gateway is open and they have recorded 

16           a video on how to apply for the grant and all 

17           of the Q&A that are out there.  

18                  Just so that you know, Suffolk -- I 

19           used to work in Suffolk and Nassau County, 

20           and so I know so many of these 

21           organizations -- and I have recused myself 

22           from the actual process of who was applying.  

23           But we did ensure that there was a 

24           comprehensive video that has been made that 


                                                                   273

 1           they can still access on how to, what to, and 

 2           all of the questions and answers.  And thus 

 3           far, I've been told from a great many of them 

 4           that are applying, that is relatively easy to 

 5           follow.

 6                  SENATOR WEIK:  I guess getting the 

 7           signatures at the end is the hard part; that 

 8           continues to be holding them up.

 9                  So of course if there's any way that 

10           you can advocate for them as well, that would 

11           certainly be much needed and truly 

12           appreciated.  

13                  I know our homeless veterans is a big 

14           issue as well in many areas.  Are there any 

15           other services that you're going to be able 

16           to provide to assist getting them out of 

17           these tents in the woods and into shelters of 

18           any sort?

19                  DVS DIRECTOR REV. DeCOHEN:  We were -- 

20           we were happy to be able to have the service 

21           of Find and Serve and to utilize a platform 

22           for more outreach, the Find and Serve.  And 

23           on Veterans Month we were able to access so 

24           many, so many veterans.  One of our advisors 


                                                                   274

 1           walked over a couple of our veterans to the 

 2           Department of Social Services and was able to 

 3           get them the assistance that they needed.

 4                  One of them that I can tell you from 

 5           last year now has 100 percent of her 

 6           services, having been housed.  We were able 

 7           to work with and continue to work with those 

 8           who have been sheltered with our resources so 

 9           that they can get things like furniture and 

10           continue to get the food and other things 

11           that they need -- and especially those that 

12           have children, to be able to get them the 

13           book bags that are fully slotted.

14                  So absolutely.  Listen, we could make 

15           a list of a hundred things today and tomorrow 

16           the list is going to be a thousand, and more 

17           and more.  Because I have to tell you, as a 

18           veteran, I always say if I could bounce a 

19           basketball and do a layup, everything that we 

20           would need as a veteran would be in our home 

21           free of charge.

22                  SENATOR WEIK:  Well, I look forward to 

23           working with you in the future.  

24                  Thank you.


                                                                   275

 1                  DVS DIRECTOR REV. DeCOHEN:  I look 

 2           forward to working with you as well, Senator.

 3                  CHAIRWOMAN WEINSTEIN:  Thank you.

 4                  Assemblywoman Hunter.

 5                  ASSEMBLYWOMAN HUNTER:  Thank you.

 6                  Thank you to you both.  

 7                  Director DeCohen, at our 

 8           December hearing we heard from several 

 9           different witnesses.  They were very 

10           compelling, and I wish you had been able to 

11           be in-person to hear the gentlemen talk about 

12           being homeless, not having housing.  

13                  So while we're having aspirational 

14           dreams about this budget and what both the 

15           Assembly and Senate will have to put in -- 

16           because it is not adequate where it is right 

17           now -- I'd like know what services are 

18           available today while another veteran is 

19           homeless.  So that's my first question.

20                  My second question -- and again, this 

21           was from the hearing, but I live and breathe 

22           it every day.  As a veteran, I actually have 

23           a case that spanned four years that was one 

24           of the biggest issues that was brought 


                                                                   276

 1           forward from our service providers about not 

 2           getting assistance from the state to help 

 3           them facilitate these claims from the feds.

 4                  So my second question is, what is your 

 5           relationship with the federal government in 

 6           aiding our veterans to get their claims 

 7           processed which have been languishing for 

 8           years?

 9                  And my last question is relative to 

10           mental health and PTSD.  We had a 

11           conversation about 988 and you press 1 and it 

12           will get you to someone who can speak to 

13           someone who can help a veteran.  They have 

14           millions and millions of calls since that 

15           number was instituted, and that leaves the 

16           veteran hanging out, waiting.  That's a lot, 

17           millions and millions, just to get to someone 

18           to talk to.

19                  And so I'm looking for leadership.  

20           I'd like to see the $300,000 worth of vans.  

21           Give them to the county, give them to the 

22           direct service organizations.  We don't need 

23           to see the state-level people right in the 

24           area, because our local people know where 


                                                                   277

 1           these veterans are.

 2                  And so if you could answer my 

 3           questions in the time allotted.  Thank you.

 4                  DVS DIRECTOR REV. DeCOHEN:  Thank you 

 5           so much.  And if you don't mind, I'll answer 

 6           them not directly in the order that you've 

 7           given.

 8                  With the 888 {sic} number, we've been 

 9           working with the American Red Cross.  I'm 

10           wearing the band today.  There is actually a 

11           committed and dedicated hero care line for 

12           our veterans for not just emergencies with 

13           fires, but all emergencies that they need, 

14           whether it's housing, emergency housing, 

15           emergency clothing, emergency cash for gas to 

16           get to school.

17                  We continue to work with our partners 

18           at the VA right now, especially as the 

19           PACT Act has become a reality.  We've also 

20           put out a video for that as well.  We 

21           continue to talk with them.  

22                  They're also having an aggressive 

23           program right now where they've hired more 

24           people to address homelessness by getting 


                                                                   278

 1           dedicated workers and social workers and more 

 2           in the mental health.

 3                  And right now we're doing just what we  

 4           said.  The 15 that we found and the 14 more 

 5           that just came to us, we have had them walked 

 6           over to shelter assistance ourselves, and 

 7           then we've put in resources to assist those 

 8           shelters to get the clothing and the things 

 9           that they need while they're in shelter.  

10                  We continue to work with the 

11           Department of Labor to ensure the jobs, to 

12           ensure the education and even to ensure that 

13           their military transcripts are properly 

14           translated into jobs and things that they can 

15           get right now.  

16                  We're about the right amount of 

17           services because so many of us have been that 

18           homeless person.

19                  CHAIRWOMAN WEINSTEIN:  Thank you, 

20           Director.  

21                  Senate?

22                  CHAIRWOMAN KRUEGER:  Senate is closed.

23                  CHAIRWOMAN WEINSTEIN:  Okay, we have 

24           several more Assemblymembers.


                                                                   279

 1                  Assemblyman Pirozzolo.

 2                  ASSEMBLYMAN PIROZZOLO:  I'd like to 

 3           say thank you to both of you for being here 

 4           today.  Reverend DeCohen, thank you for your 

 5           service.

 6                  This question is really for both of 

 7           you.  Director Olsen, it kind of falls to you 

 8           under Aging, and then, Reverend DeCohen, it 

 9           falls to you because -- just because, right?

10                  So last Friday I was sitting in my 

11           office and a gentleman comes in through the 

12           door, and he was a veteran from the 

13           Vietnam War.  And he had his tax bill with 

14           him, and he said, "Could you do me a favor?  

15           Could you go over this and see what 

16           exemptions or tax breaks I'm not getting?" 

17           And we were able to do that, and I think we 

18           found two, if not three.

19                  So as our veterans age, maybe using 

20           the internet or getting this information or 

21           emails, for some -- not all, absolutely not 

22           all, right -- but for some veterans who are a 

23           little bit older, it's more difficult to use 

24           this system.


                                                                   280

 1                  So how do we let these veterans know 

 2           or what are ways we can increase avenues to 

 3           let all veterans know that there are tax 

 4           exemptions, tax credits that they can be made 

 5           aware of?  How can we do a better job of 

 6           doing that?

 7                  NYSOFA ACTING DIRECTOR OLSEN:  So I 

 8           guess I'll start.  

 9                  And I know Beth Finkel is following us 

10           at some point today from AARP, but AARP and 

11           many other community organizations sponsor 

12           free tax services.  It's like here in Albany 

13           they'll do that every Sunday during the 

14           entire tax season for hundreds and hundreds 

15           of people.

16                  I think that there's a lot of things 

17           that happen that either the state's working 

18           on or the counties are working on that the 

19           public generally doesn't know about because 

20           we don't consolidate them somewhere to be 

21           able to provide that this may be available 

22           in, you know, the district that you work in 

23           or what have you.

24                  So there are those types of services 


                                                                   281

 1           that are available free of charge for older 

 2           adults specifically.  I'm not sure their 

 3           veteran status would matter.  If you're just 

 4           an older adult and you need help, those types 

 5           of things are available.

 6                  DVS DIRECTOR REV. DeCOHEN:  Thank you, 

 7           Assemblymember.

 8                  And Greg and I actually work hand in 

 9           hand with our seniors -- I am a senior now.  

10           And so we've been able to partner together to 

11           ensure, when we're having our seminars, that 

12           those who are aging do get the information.  

13                  We have it not only posted on our 

14           website, but now we have flyers that are 

15           posted in places like laundromats and the 

16           post office, with the names of our advisors, 

17           that says, Call us and you can ask us any 

18           questions -- especially for those who are 

19           aging, as far as knowing what their benefits 

20           are for home health aides for themselves 

21           through aides and attendants, for themselves 

22           and also for their spouses, anything that 

23           they do.

24                  You know, the municipalities are 


                                                                   282

 1           serving so many with their own tax benefits, 

 2           and we're working with them to do the same -- 

 3           some of the same things that we're doing to 

 4           get the message out in places and spaces that 

 5           they frequent.

 6                  ASSEMBLYMAN PIROZZOLO:  Thank you very 

 7           much.  

 8                  And I'd just like to say, once again, 

 9           thank you for your service.  I'd like to 

10           thank every veteran for their service.  If 

11           you think about it, if it weren't for the 

12           service of veterans, hearings like this may 

13           not be happening.

14                  DVS DIRECTOR REV. DeCOHEN:  Thank you.

15                  CHAIRWOMAN WEINSTEIN:  Thank you.

16                  We go to Assemblywoman Lee.

17                  ASSEMBLYWOMAN LEE:  Good afternoon.  

18           Thanks for being here.

19                  I just had a quick question for 

20           Director Olsen about NORCs.  I wanted to get 

21           a better understanding of how the services 

22           for NORCs are provided.  Is it mostly 

23           privatized, or is there any of the services 

24           administered from the county and state 


                                                                   283

 1           agencies?

 2                  NYSOFA ACTING DIRECTOR OLSEN:  Yup.  

 3           So there are multiple -- so we have NORCs 

 4           throughout New York State, but most of them 

 5           are centralized in the city.  The original 

 6           NORC SSP started there in '95, and then we 

 7           drafted, when I was in the legislature, the 

 8           Neighborhood NORC program in '05.

 9                  So what we did or have done on 

10           multiple occasions is an RFP that provides 

11           money to the community, and what they use is 

12           the same community infrastructure in the city 

13           that they would use for, you know, 

14           home-delivered meals.  The nursing could go 

15           like VNS or others.  But, you know, there's a 

16           pretty large infrastructure in the city of 

17           vendors that DFTA and others use to provide 

18           the services, and that's how that would work.  

19           They're not-for-profits and community-based 

20           organizations.

21                  ASSEMBLYWOMAN LEE:  And how did this 

22           model evolve?  Like why is it that it's 

23           mainly privatized or given off to -- you 

24           know, farmed out to nonprofit organizations 


                                                                   284

 1           rather than being serviced in-house?

 2                  NYSOFA ACTING DIRECTOR OLSEN:  I'm not 

 3           sure I understand the question.

 4                  So all of the services that are 

 5           provided within a NORC building are also 

 6           provided in residential homes throughout 

 7           New York State.  So what this model tried to 

 8           do in the beginning was recognize that people 

 9           had moved into a particular building at the 

10           time, when they were much younger, and they 

11           aged into the building.  And so you have 

12           density of ability to serve individuals with 

13           both healthcare and social services.

14                  So it's not farmed out, it's -- you 

15           know, an organization would apply for the 

16           funds and provide the services, based on the 

17           geographic area.

18                  ASSEMBLYWOMAN LEE:  Thank you.

19                  CHAIRWOMAN WEINSTEIN:  We go to 

20           Assemblyman Ra for five minutes, ranker.

21                  ASSEMBLYMAN RA:  Thank you.

22                  Directors, thank you for being here.

23                  Director DeCohen, I just want to 

24           somewhat continue where my Senate colleague 


                                                                   285

 1           left off, you know, in terms of the overall 

 2           funding.  We did have a proposal that we 

 3           worked on last year putting forward that 

 4           would put $250 million on the services side, 

 5           $250 million on the capital side for our 

 6           organizations and all of that.  And I think 

 7           that's more in the ballpark of where we need 

 8           to go.

 9                  But, you know, I hope with your 

10           leadership and the passion of people like my 

11           colleague Senator Ashby we can get there.

12                  I will say, though, one of the -- I'm 

13           happy with the expansion of the Dwyer funding 

14           last year, happy to see it's in this, you 

15           know, executive proposal.  But there is a cut 

16           that would potentially impact a bunch of 

17           other programs, including Helmets to Hard 

18           Hats, the Outdoor Prescription program which, 

19           you know, gets veterans outdoors and has them 

20           taking advantage of things that we think are 

21           therapeutic for their mental health.

22                  So, you know, while I feel like the 

23           Legislature will advocate for those 

24           restorations, you know, I wish that didn't 


                                                                   286

 1           have to be the case, that they could be there 

 2           in the Executive Budget proposal.  So I won't 

 3           even ask you to comment on that, because I 

 4           think you probably agree.

 5                  But I do want to ask about -- there 

 6           was some capital in the budget last year to 

 7           help our veterans service organizations, 

 8           which I think any of us in this Legislature 

 9           have heard from them about the need for, you 

10           know, new roofs and paving the parking lot 

11           and boilers and everything under the sun to 

12           keep those places better places for veterans 

13           to gather and access services and, you know, 

14           be with people that have that shared 

15           experience.

16                  So could you tell me -- I know 

17           applications are still open till the end of 

18           March -- but how that's gone or how many 

19           applications have come in?  Do you think the 

20           information has gotten out there to the 

21           veterans' organizations that this capital 

22           funding is available?

23                  DVS DIRECTOR REV. DeCOHEN:  Thank you, 

24           Assemblymember.  I'm going to go back to what 


                                                                   287

 1           I stated earlier, that right now we have a 

 2           dozen in the process.  

 3                  And we're continuing to put out the 

 4           word actually monthly on all of our 

 5           platforms, by snail mail -- we're still doing 

 6           that -- by email, on all of our social 

 7           platforms, including our website as well.  

 8                  We were so happy to be one of the 

 9           first states to have the Outdoor Rx program, 

10           and we have six people right now to be able 

11           to get the $25,000 to have an extensive 

12           program in their natural lands to continue to 

13           have those programs for our veterans, our 

14           military, and our families, that we know it's 

15           so vital to have these outdoor programs that 

16           can help on a mental level, a physical level, 

17           and on every level for our veterans across 

18           the state.

19                  So very happy that the Governor was 

20           able to roll that out.

21                  ASSEMBLYMAN RA:  Okay.  And just going 

22           back to the capital.  So do you see a need 

23           to, you know, maybe do another round of that, 

24           put it -- you know, match that funding again 


                                                                   288

 1           this year so that we can help more veterans 

 2           organizations keep roofs over their heads so 

 3           there's a place for those veterans to go?

 4                  DVS DIRECTOR REV. DeCOHEN:  Listen, we 

 5           want everything and everything times 10 for 

 6           our veterans across this state.  And so we 

 7           know that this is just the beginning of so 

 8           many programs that together we'll be able to 

 9           roll out more and more -- all of our 

10           veterans, and especially our supporters who 

11           are supporting our veterans and their 

12           families.

13                  ASSEMBLYMAN RA:  Great.  Thank you 

14           very much.

15                  DVS DIRECTOR REV. DeCOHEN:  Thank you.

16                  CHAIRWOMAN WEINSTEIN:  Thank you.  

17           Thank you both for (pause) -- for staying 

18           here just for another three minutes -- 

19                  (Laughter.)

20                  CHAIRWOMAN WEINSTEIN:  -- while 

21           Assemblyman Morinello asks a question.

22                  ASSEMBLYMAN MORINELLO:  Hi.  

23                  I want to thank you for your service.  

24           I'm a veteran also, and that is -- and I've 


                                                                   289

 1           been on the Veterans Committee since I've 

 2           been in the Assembly.  And I'm very concerned 

 3           about a number of issues.

 4                  One is more financial.  This may have 

 5           been asked, and if it has, I apologize, 

 6           because I was in another hearing, and you can 

 7           stop me.  But the Governor removed funding 

 8           for 17 veterans programs totaling 2.6 million 

 9           that were added by the Legislature last year.  

10           To highlight some of the programs which have 

11           been very effective, Helmets to Hard Hats and 

12           outdoor recreation programs, which are 

13           healthy alternatives for veterans.

14                  Is there any underlying reason as to 

15           why these were removed and whether you're 

16           intending to put them back?  I mean, if we 

17           lose Helmets to Hard Hats, we're losing an 

18           incredible, incredible program to assist 

19           those veterans that have difficulties coming 

20           back, after they've been pretty much willing 

21           to give it all just to protect us.  So ...

22                  DVS DIRECTOR REV. DeCOHEN:  Thank you, 

23           Assemblymember.

24                  That question was asked earlier.  And 


                                                                   290

 1           again, for the RFP for the new $25,000 apiece 

 2           for our new Rx program -- which is going to 

 3           be ending very soon, and we will be 

 4           disbursing the funds in April for those six 

 5           recipients of that $25,000 grant.  We're glad 

 6           that that's there.

 7                  The other program -- I'm sorry, sir -- 

 8           I was not familiar with as --

 9                  ASSEMBLYMAN MORINELLO:  Well, Helmets 

10           to Hard Hats, I'd ask you to maybe look into 

11           that.

12                  DVS DIRECTOR REV. DeCOHEN:  That's 

13           right.

14                  ASSEMBLYMAN MORINELLO:  Okay?  Because 

15           it's been a very valuable program.  

16                  And apparently it's probably been 

17           asked also, the elimination of the 5 million 

18           for capital improvements.  The money from 

19           fiscal year '23, it's still available in 

20           appropriation -- reappropriations.  How much 

21           of that, do you know, has been 

22           reappropriated, how much is available, and is 

23           there still an opportunity to request?

24                  DVS DIRECTOR REV. DeCOHEN:  The 


                                                                   291

 1           $5 million capital grants management program 

 2           is still in effect.  And so we're still 

 3           working through all of the applications.  We 

 4           have 12 in process right now.  

 5                  And we're looking forward to being 

 6           able to disseminate those funds, and of 

 7           course looking forward to continuing the 

 8           program in the future.

 9                  ASSEMBLYMAN MORINELLO:  Thank you.

10                  And I want to compliment you on the 

11           creation of the mobile veterans benefits 

12           advisory clinics.  I think you know rural 

13           areas, there's many veterans that live in 

14           rural areas.  It just seems that a lot of the 

15           rural individuals are those that are willing 

16           to volunteer.

17                  Will those be dispersed throughout the 

18           state?

19                  DVS DIRECTOR REV. DeCOHEN:  We do have 

20           some counties that already have this program, 

21           so we will continue to work with those 

22           veterans service organizations and those 

23           counties that have been asking for this, that 

24           have been telling us that transportation 


                                                                   292

 1           continues to be the number-one problem, that 

 2           they're looking forward to it.  It's for 

 3           those that want it.  And those that have it, 

 4           you know, we're so happy to be able to see 

 5           our veterans being served.

 6                  ASSEMBLYMAN MORINELLO:  Let me just 

 7           add one last thing --

 8                  CHAIRWOMAN WEINSTEIN:  I'm sorry, 

 9           Judge.  The time has expired.

10                  ASSEMBLYMAN MORINELLO:  Thank you.  

11           I'm done.

12                  CHAIRWOMAN WEINSTEIN:  Okay.  

13           Actually, I misspoke before.  Assemblyman 

14           Ron Kim, our Aging chair, has a second round 

15           of three minutes.

16                  ASSEMBLYMAN KIM:  Thank you, Chair. 

17                  Director Olsen, just to wrap up my 

18           questions from earlier.  So in 

19           Washington, D.C., the state's Long Term Care 

20           Ombudsman Program is housed under AARP's 

21           national office.  The head of that program is 

22           Mark Miller, who actually used to head the 

23           New York State LTCOP program.  In Michigan, 

24           the LTCOP is housed under the Michigan Elder 


                                                                   293

 1           Justice Initiative.  And I'm sure there's 

 2           plenty of other examples like this in the 

 3           country.

 4                  And I bring these up because I just 

 5           want to demonstrate the flexibility of the 

 6           program.  And depending on how we're able to 

 7           build capacity for these programs, we can do 

 8           a lot more.  And I just want to give you an 

 9           opportunity to discuss what we need to be 

10           doing together to fully fund and 

11           professionalize the Long Term Care program, 

12           which will save lives of nursing home 

13           residents.

14                  NYSOFA ACTING DIRECTOR OLSEN:  I mean, 

15           I think the short answer is you need to hire 

16           staff, which, you know, we were able to bring 

17           on 35 new people to take the place of, again, 

18           asking people to volunteer for a very 

19           complicated program.  As part of our federal 

20           Older Americans Act modernization, a huge 

21           increase in workforce across the aging 

22           network, but also included in the Long Term 

23           Care Ombudsman Program for that reason.  

24                  So, you know, I think again -- I think 


                                                                   294

 1           you were out, Assemblyman -- I see there's a 

 2           lot in the budget, there's a lot of needs.  

 3           We hear them from every single agency, from 

 4           every constituent, and it's a starting point 

 5           for a dialogue.

 6                  ASSEMBLYMAN KIM:  And, honestly, going 

 7           back to the private payment system, it's a 

 8           very intriguing, you know, concept for me 

 9           because when you think about charging people 

10           a fee-for-service model, we often think about 

11           the MTA, the buses, the bridges, the tunnels, 

12           and it's usually housed under public benefit 

13           authorities or corporations who are able to 

14           leverage those fees to borrow against those 

15           incomes for -- to finance future projects.  

16                  And you're kind of -- because SOFA 

17           doesn't deal with intermediaries like MLTCs 

18           and through EISEP, counties are able to 

19           directly administer the reimbursements.  You 

20           know, it's a unique situation for us to 

21           experiment on how to properly finance 

22           long-term care.  And I'd love to stay in 

23           touch with you about not only this, but 

24           different mechanisms where we can rethink 


                                                                   295

 1           about public financing long-term care.

 2                  NYSOFA ACTING DIRECTOR OLSEN:  Yeah, I 

 3           am always interested in having that 

 4           conversation.

 5                  And the other thing, just to point 

 6           out, is the service infrastructure that 

 7           we oversee with the counties and their 

 8           1200 partners intervenes a lot earlier.  And 

 9           so you can help somebody get better or 

10           maintain themselves and not have to devolve 

11           to a point where they need a higher level of 

12           care.  

13                  And that should be -- that's what a 

14           real system of long-term care -- it goes from 

15           information to skilled nursing, but that's 

16           what a real system ought to look like.

17                  ASSEMBLYMAN KIM:  Great.  Thank you.

18                  CHAIRWOMAN WEINSTEIN:  Thank you.  

19                  Thank you both for being here and 

20           participating in today's hearing.  

21                  I know there's some questions that 

22           there wasn't time to answer, so to the extent 

23           that you have some answers to individual 

24           members, please send them also to myself and 


                                                                   296

 1           Senator Krueger so we can distribute to all 

 2           of the members.

 3                  Thank you.

 4                  DVS DIRECTOR REV. DeCOHEN:  Thank you.

 5                  NYSOFA ACTING DIRECTOR OLSEN:  Thank 

 6           you guys.  Thanks, everybody.

 7                  CHAIRWOMAN WEINSTEIN:  So now we will 

 8           go to -- we are completed with the 

 9           governmental witnesses, so now we will have 

10           witnesses from the members of the public.  If 

11           you're following along, it's Panel A:  Early 

12           Care & Learning Council; All Our Kin; Hunger 

13           Solutions New York; Adirondack Birth to Three 

14           Alliance; and Docs for Tots.

15                  If there is anybody here who hasn't 

16           checked in -- I think most people have -- 

17           please let us know.  I know people tend to 

18           stay in the back, but the panel after this 

19           will be AARP, New York StateWide Senior 

20           Action Council, Project Guardianship, 

21           Association on Aging -- so some of those 

22           folks may want to, as this panel nears its 

23           end, move a little further down.  

24                  We also have been joined by a member 


                                                                   297

 1           of Ways and Means, Assemblyman Dilan.  So you 

 2           have to do a little sharing of the 

 3           microphone.  

 4                  Just a reminder, everybody gets three 

 5           minutes to make their presentation after all 

 6           members of the panel have completed their 

 7           presentation.  Any members that wish to ask 

 8           questions, just let myself or Senator Krueger 

 9           know.  And members, all members will have up 

10           to three minutes to ask questions, and please 

11           leave time for the answer.

12                  So maybe just identify yourselves when 

13           you speak.  I think we'll -- I think 

14           everybody's checked in.  So why don't we 

15           start with the Early Care & Learning Council, 

16           the way I introduced people.

17                  MS. CHIMENTO:  Good afternoon.  And 

18           thank you, Chairs Krueger and Weinstein.  

19                  My name is Meredith Chimento.  I'm the 

20           executive director of the Early Care & 

21           Learning Council.  ECLC is the coordinating 

22           body for the network of some 35 childcare 

23           resource and referral agencies that you've 

24           heard a lot about today.  


                                                                   298

 1                  We often refer to CCR&Rs as the 

 2           workforce behind the childcare workforce.  At 

 3           the start of the pandemic, we worked directly 

 4           with OCFS to ensure that childcare stayed 

 5           open --

 6                  CHAIRWOMAN WEINSTEIN:  Excuse me one 

 7           second.  

 8                  The clock should say three minutes 

 9           because we are nongovernmental.

10                  MS. CHIMENTO:  As federal funds flowed 

11           through OCFS, it was the network that ensured 

12           that these childcare programs could access 

13           much-needed financial relief.  We are 

14           grateful to the Governor and OCFS for their 

15           commitment to childcare, but unfortunately 

16           these investments do not go far enough.  

17                  In 2012, CCR&R state contracts were 

18           cut and have remained flat-funded ever since.  

19           Imagine no core contract increase in more 

20           years than it takes to send a child through 

21           the public school system.  CCR&Rs are faced 

22           with a more dynamic and complex system, 

23           bigger problems -- funding levels have failed 

24           to keep up.


                                                                   299

 1                  Since 2012, inflation has risen at a 

 2           rate of 29.7 percent.  What are we to do, a 

 3           resourceful group of nonprofits, one that 

 4           seeks out alternative funding streams and 

 5           continuously cuts cost.  But now things are 

 6           too tight.  Like our childcare providers, 

 7           many of our agencies are struggling.  

 8                  It is with this in mind that ECLC and 

 9           the network of CCR&Rs respectfully request 

10           that the Governor and Legislature support the 

11           following increases:  

12                  Increase childcare resource and 

13           referral contracts, including registration 

14           contracts, by $7.9 million annually to cover 

15           increasing costs to staff the network who 

16           train the 17,000 licensed and regulated 

17           childcare providers serving 400,000 children 

18           in our state.  Last year we delivered 

19           50,000 hours of technical assistance and 

20           helped 32,000 families find quality, 

21           affordable care through our referral 

22           networks.  

23                  We also ask for $6.5 million annually 

24           to fund the Stabilization and Deserts Grant 


                                                                   300

 1           technical assistance positions.  The funding 

 2           for these positions will sunset in the next 

 3           year.  CCR&Rs offer core business trainings 

 4           to assist providers who are often financially 

 5           unstable and at a risk of closing their 

 6           doors.  

 7                  As you've heard, 64 percent of 

 8           New York State is a childcare desert.  

 9           Without the TA specialists working closely 

10           with new and existing childcare providers, 

11           the situation will only deteriorate, 

12           undercutting parents' ability to work and 

13           undermining the state's economic future.  

14           These TA positions delivered grant assistance 

15           to 10,600 existing childcare providers and 

16           helped 846 prospective providers navigate the 

17           grant process.  

18                  Additionally, we request $4 million to 

19           increase infant/toddler mental health 

20           consultation programming to ensure that our 

21           younger children get off to the start they 

22           deserve, with nurturing and responsive care, 

23           and an additional 5.5 million to provide DEIB 

24           training to mitigate and address racism and 


                                                                   301

 1           unconscious bias.

 2                  CCR&Rs were established into law in 

 3           1993.  We are asking that you continue to 

 4           honor the critical role that CCR&Rs play in 

 5           the New York State economy through their 

 6           support of childcare businesses, employers, 

 7           and families, by increasing contracts that 

 8           have unfortunately remained stagnant for far 

 9           too long.  Our work, which is critical to 

10           keeping New York working, will struggle to 

11           continue without this adjustment.

12                  Thank you.

13                  CHAIRWOMAN WEINSTEIN:  Next, All Our 

14           Kin.

15                  MR. MORALES:  Senators, members of the 

16           Assembly, my name is Steven Morales, and I'm 

17           the New York policy director at All Our Kin.  

18           All Our Kin is a nonprofit organization that 

19           trains, supports, and sustains family 

20           childcare educators in New York City, and 

21           we're also proud members of the Empire State 

22           Childcare Campaign.

23                  Family childcare, or home-based -- 

24           childcare in a home-based setting is a 


                                                                   302

 1           critical part of New York's childcare 

 2           infrastructure, and many parents choose 

 3           family childcare for its ability to offer 

 4           flexible hours, mixed-age, culturally 

 5           responsive care in a family's home language.

 6                  In New York State, 40 percent of 

 7           children in publicly funded care are cared 

 8           for in family childcare settings.  

 9                  Despite the demand for care across the 

10           state in any type of setting, our childcare 

11           system remains in crisis, with programs 

12           across the state closing their doors.  At the 

13           core of the childcare crisis lies one simple 

14           fact:  Compensation for childcare 

15           professionals is woefully inadequate.  On 

16           average, childcare educators in New York are 

17           in the bottom 3 percent of all earners, and 

18           when childcare providers struggle, children 

19           and families suffer the consequences.

20                  Since the beginning of the pandemic, 

21           New York State has experienced a net loss of 

22           over 1,300 childcare programs, which 

23           translates to over 10,000 lost childcare 

24           slots.  That's thousands of working families 


                                                                   303

 1           whose lives are disrupted daily because of 

 2           lack of childcare access.  And the crisis is 

 3           ongoing.  

 4                  In a December survey, one-third of 

 5           family childcare educators in New York 

 6           expressed that they are considering leaving 

 7           their jobs and closing their programs, and 

 8           the number-one reason for that is low 

 9           compensation.

10                  So to begin addressing this crisis, 

11           All Our Kin is calling for the following 

12           investments.  First, in the short term, a 

13           childcare workforce compensation fund of 

14           $1 billion this year.  We consistently hear 

15           from childcare providers that past 

16           stabilization grants temporarily helped keep 

17           their business afloat, but when temporary 

18           payments stopped, providers found themselves 

19           back at square one wondering how they would 

20           pay the bills.  

21                  The $389 million in the 

22           Executive Budget for stabilization grants is 

23           a good start but is not enough to keep 

24           educators from leaving the field for 


                                                                   304

 1           higher-paying jobs in other sectors.  So we 

 2           ask that you build on the Governor's 

 3           investment by increasing the amount to 

 4           $1 billion this year.

 5                  Second, we know -- and a recent 

 6           EdTrust study confirms -- that our current 

 7           childcare subsidy system pays educators 

 8           thousands of dollars less than it actually 

 9           costs to run a childcare program.  So we need 

10           a long-term commitment to pay educators based 

11           on what it actually costs to provide care so 

12           they can be in the field for the long term.

13                  And finally, we call on the state to 

14           expand childcare access to all children, 

15           regardless of immigration status, by 

16           investing $60 million in a childcare fund for 

17           undocumented children.  No child should be 

18           denied access to childcare and an education 

19           because of their immigration status.

20                  In closing, despite the achievements 

21           of last year's budget, the childcare crisis 

22           in New York State is far from over, and we 

23           urge you to seize the opportunity to invest 

24           in children and families this year.


                                                                   305

 1                  CHAIRWOMAN WEINSTEIN:  Thank you.  We 

 2           go to Hunger Solutions New York.

 3                  MS. HESDORFER:  Good afternoon, and 

 4           thank you for the opportunity to testify 

 5           today.  

 6                  My name is Krista Hesdorfer, and I'm 

 7           here representing Hunger Solutions New York, 

 8           a statewide nonprofit dedicated to 

 9           alleviating hunger for all New Yorkers by 

10           maximizing federal nutrition assistance 

11           programs, including SNAP, WIC, school meals, 

12           and other child nutrition programs.

13                  Today I'll focus on SNAP, our nation's 

14           largest anti-hunger program, which provides 

15           monthly food benefits to more than 

16           2.8 million New Yorkers.  

17                  For over 35 years, through a contract 

18           with OTDA, we have worked to maximize SNAP 

19           through the Nutrition Outreach and Education 

20           Program, or NOEP.  Through NOEP, a network of 

21           community-based organizations provide 

22           outreach and assistance to help more eligible 

23           low-income New Yorkers connect with SNAP 

24           benefits.


                                                                   306

 1                  Recognizing the importance of this 

 2           work amid an ongoing hunger crisis, last year 

 3           the Legislature successfully championed an 

 4           additional $1 million in NOEP funding, for a 

 5           total of 4.22 million.  That additional 

 6           funding supported 14 new SNAP assistors in 

 7           high-need and rural counties, and expanded 

 8           remote SNAP assistance statewide.

 9                  This year NOEP is on track to reach 

10           134,000 New Yorkers.  However, without 

11           sustained funding, NOEP will be forced to 

12           scale back.  And unfortunately, the executive 

13           proposal does not include the $1 million that 

14           the Legislature added last year.

15                  Without added investment this year, 

16           NOEP services will be reduced in Erie and 

17           Monroe counties and all boroughs of New York 

18           City.  Chemung, Cortland, Essex, Franklin, 

19           Lewis, and Schuyler counties will lose all 

20           NOEP services.

21                  To avoid these devastating cuts, we 

22           ask the Legislature to restore and build on 

23           previous investments, funding NOEP at 

24           $5.22 million to sustain and expand outreach 


                                                                   307

 1           and assistance for SNAP and other federal 

 2           nutrition programs, all of which are 

 3           undertapped in New York.

 4                  This modest investment brings a 

 5           uniquely high return.  Every dollar the state 

 6           invests in SNAP outreach is federally matched 

 7           dollar for dollar.  And because SNAP benefits 

 8           are 100 percent federally funded, NOEP has 

 9           had a more than 27-fold return on investment 

10           for New York.

11                  And I must mention one other critical 

12           anti-hunger proposal, outside of human 

13           services on paper but not in spirit.  

14           New York must provide free school buses and 

15           lunch for all students across the state.  

16           This is a critical step to support families, 

17           providing an estimated $140 per child in 

18           monthly grocery savings, while also 

19           supporting children's learning and 

20           development.

21                  We urge the Legislature to adopt these 

22           vital anti-hunger proposals to support 

23           families and alleviate hunger across the 

24           state.  Thank you.


                                                                   308

 1                  CHAIRWOMAN WEINSTEIN:  Thank you.  

 2                  Adirondack Birth to Three Alliance.

 3                  MS. RYAN:  My name is Kate Ryan.  I'm 

 4           the director of the Adirondack Birth to Three 

 5           Alliance, the signature program of Adirondack 

 6           Foundation.  We're a coalition of providers, 

 7           organizations, and community members across 

 8           the Adirondacks.  We appreciate the 

 9           opportunity to share with you the needs of 

10           our region.  

11                  The Adirondacks are home to 

12           approximately 7,000 children three years of 

13           age or younger.  Our population density is 

14           14 people per square mile, compared to the 

15           state average of 428.  Although beautiful, 

16           our landscape presents unique challenges.  

17           Many families travel over an hour to access 

18           services, including childcare.  

19                  The childcare crisis cannot be solved 

20           for our region with centers serving 30 to 

21           100 children.  We need family or group family 

22           childcare.  This is a big undertaking, as it 

23           requires eight to 12 family and group 

24           childcare providers to serve 100 children.  


                                                                   309

 1                  Prior to the pandemic, nearly 

 2           80 percent of our census tract were already 

 3           considered childcare deserts, and since then 

 4           we've lost another 1200 slots.  Investments 

 5           and recruiting and onboarding new childcare 

 6           providers are essential.

 7                  I'm proud to sit on this panel with my 

 8           colleagues.  Much of my testimony seeks 

 9           investment in the work that they do.  Local 

10           childcare resource and referral agencies are 

11           uniquely positioned to provide support to new 

12           and existing childcare providers and assist 

13           families in identifying programs.

14                  CCR&Rs in the Adirondacks simply do 

15           not have the capacity to recruit and support 

16           the large number of families and group family 

17           providers needed.  The alliance supports the 

18           Early Care & Learning Council's request for 

19           new state funding of $7.9 million to support 

20           the CCR&R program.

21                  High-quality early childhood education 

22           systems rest on standards that are based on 

23           longstanding and current research that 

24           demonstrates improved outcomes for children.  


                                                                   310

 1           QUALITYstarsNY provides support to program 

 2           staff and providers to achieve these 

 3           standards, and we request an additional 

 4           investment of $20 million.

 5                  There is a need to invest in the 

 6           development of trauma-informed practices in 

 7           classrooms that incorporate appropriate and 

 8           social/emotional strategies implemented 

 9           through racial equity and multigenerational 

10           poverty lenses.  In 2018, the Infant/Toddler 

11           Mental Health Consultation Project was 

12           launched.  An increased investment would 

13           ensure that young children birth to five 

14           would have access to nurturing environments 

15           with the skills and resources to address 

16           social, emotional, and behavioral needs.  The 

17           alliance supports the ECLC request for 

18           4 million to support mental health 

19           consultants. 

20                  Lastly, the Help Me Grow model works 

21           to promote child development, makes 

22           developmental and social and emotional 

23           screening universally available, and provides 

24           ongoing support for families.  Help Me Grow 


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 1           is a proven prevention model that fosters 

 2           strong families and ensures that all children 

 3           get the support they deserve.  The alliance 

 4           supports an investment of $500,000 to enhance 

 5           access in the existing catchment areas and 

 6           additional funding to expand the program into 

 7           regions like the Adirondacks.

 8                  On average, our families earn $10,000 

 9           per year less than other New Yorkers.  

10           Approximately 18.2 percent of our region's 

11           children live at or below the federal poverty 

12           level.  Franklin County rates second in the 

13           entire state for the percentage of children 

14           ages 18 and under living in poverty.  

15                  The proposals I have mentioned only 

16           address a fraction of the issues faced by the 

17           Adirondacks, but each would be highly 

18           impactful toward improving the services 

19           offered to young children and their families.

20                  Thank you.

21                  CHAIRWOMAN WEINSTEIN:  Thank you.

22                  And Docs for Tots.

23                  MS. ISAKSON:  Hi.  Good afternoon,  

24           everyone.  Thank you for the opportunity to 


                                                                   312

 1           speak today regarding New York State's Help 

 2           Me Grow model.

 3                  My name is Liz Isakson, and I'm the 

 4           executive director of Docs for Tots.  Docs 

 5           for Tots is a nonprofit organization that 

 6           believes that every child under five deserves 

 7           a chance to reach their full potential.  We 

 8           believe that working together, from family 

 9           members to Assemblymembers and Senators like 

10           yourselves, we can ensure New York's zero to 

11           five thrive their whole lives.

12                  What is Help Me Grow?  Help Me Grow 

13           New York represents the four existing Help Me 

14           Grow systems:  Long Island, Western New York, 

15           Finger Lakes, and Onondaga.  Each Help Me 

16           Grow is organized locally and respectively 

17           organized by Docs for Tots, Community 

18           Connections of New York, the Children's 

19           Institute, and the Onondaga Early Childhood 

20           Alliance.  However, within each community, 

21           there's a coalition or leadership team.  

22                  If you put together all the people 

23           that are involved in overseeing and creating 

24           this Help Me Grow system, over 100 


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 1           community-based organizations over 

 2           17 counties in New York State are currently 

 3           working to build better systems for young 

 4           children.

 5                  Help Me Grow is a national 

 6           evidence-based model of community support for 

 7           families with children under five.  It's 

 8           basically a form of primary prevention, 

 9           addressing things before they start.  It 

10           focuses on promoting optimal child 

11           development by linking families to existing 

12           community resources, identifying 

13           developmental concerns early through 

14           universal access to screening, and 

15           celebrating the amazing transformation that 

16           occurs from the time you take that newborn 

17           home from the hospital to the day you're 

18           sitting at their fifth birthday party and 

19           they're blowing out the candles on their 

20           cake.

21                  The model works across sectors -- 

22           human services, healthcare, childcare -- to 

23           help families at the community level 

24           effectively navigate really unfamiliar 


                                                                   314

 1           systems.  In 2022 alone, the four Help Me 

 2           Grow systems reached 10,000 children.

 3                  Why is this needed?  For too many 

 4           families in New York, whether because of 

 5           location, poverty, or systemic inequity, 

 6           access to vital services for the 

 7           under-five-year-old child are out of reach.  

 8           They're just unknown.  Children thrive when 

 9           their families are informed and supported, 

10           and Help Me Grow provides that information 

11           and support to new families.  

12                  It doesn't replicate resources, it 

13           elevates existing ones.  The four Help Me 

14           Grow communities in New York State are 

15           serving a fraction currently of their 

16           potential need.  Yet additional communities, 

17           like the North Country over there, are eager 

18           to join the ranks and become Help Me Grow 

19           communities.  They see how the model improves 

20           their community-level data, their services 

21           and supports for young children.  

22                  We are disappointed that the 

23           Executive Budget merely reappropriated 

24           last year's investment of $200,000 -- which 


                                                                   315

 1           we haven't even got the chance to spend 

 2           yet -- and does not allocate continued 

 3           funding for Help Me Grow.

 4                  We request $500,000 total to maintain 

 5           the four communities and add at least one or 

 6           two new communities.  Ideally, with everybody 

 7           who's lined up to become a Help Me Grow, 

 8           something like $2 million would really help 

 9           us.  

10                  Thank you.

11                  CHAIRWOMAN WEINSTEIN:  Thank you.

12                  So for questions -- just a reminder 

13           colleagues, three minutes for both question 

14           and answer.  And we go first to Assemblywoman 

15           Clark.

16                  ASSEMBLYWOMAN CLARK:  I never get to 

17           go first.  Thank you, Chairwoman.

18                  A couple of questions.  First, Krista, 

19           just -- I know it's not the committee of 

20           jurisdiction, but I just want to uplift 

21           universal school meals.  No child should go 

22           hungry in our state.  Both of my school 

23           districts that I talked to about this, one 

24           went up 40 percent and one doubled when there 


                                                                   316

 1           were universal school meals.  We know we were 

 2           reaching children who were going unreached 

 3           before.  So thank you for bringing that up.  

 4           We will continue that drumbeat.

 5                  This is a question for some of our 

 6           childcare experts.  We do talk about the 

 7           stabilization grants, we talked about 

 8           different -- differential rates, we talked 

 9           about all these different things.  What do 

10           you see as sort of the real how we get to 

11           really uplifting on a permanent, sustainable 

12           basis for paying our workforce a wage -- I 

13           mean, no one can afford it, right?  Families 

14           can't pay more, and providers don't have the 

15           dollars to give their staff more money.  

16                  So the stabilization's great, but I 

17           think you kind of touched on it a little.  

18           And we've been trying to put a drumbeat 

19           around this.  So just wondering what you see 

20           as a real answer to getting to that point 

21           where we sustain wages at a higher level.

22                  MR. MORALES:  Absolutely.  There we 

23           go.  Okay, yeah, absolutely.  We need to get 

24           to a place where we are paying providers 


                                                                   317

 1           based on the actual cost of care.  

 2                  What our current subsidy system does 

 3           is it pays them based on a collection of what 

 4           the state is able to charge families.  And we 

 5           know that families are already not able to 

 6           pay what it costs.  

 7                  And so there are studies out there, 

 8           multiple studies that show that it really 

 9           costs thousands more dollars per child than 

10           we pay.  So we need to do that, in addition 

11           to the stabilization measures, and then we 

12           need to continue expanding access to care to 

13           more and more families.

14                  ASSEMBLYWOMAN CLARK:  Excellent.  

15                  And then on the differential pay, we 

16           would love to hear as well -- you know, one 

17           of the things we're struggling with in terms 

18           of not just -- I mean, providers are closing 

19           their doors, but the nights and weekends are 

20           really, really an issue.  As far as we've 

21           been told, the differential pay can be a 

22           bump-up of 5 to 15 percent, but most counties 

23           are paying 5 percent.

24                  Do you see, if we actually got a 


                                                                   318

 1           differential pay up to 15 percent across the 

 2           state, that it might make a difference 

 3           towards there being more spots available for 

 4           nights and weekends?

 5                  MR. MORALES:  I mean, increases in 

 6           funding and reimbursement rates are always 

 7           great, and providers appreciate them.  But 

 8           again, we're not going to get to the place 

 9           where we need to get to until we're paying 

10           based on the cost of care.  Because at a 

11           certain point the mathematics for a childcare 

12           provider, whether they are a center or a 

13           home-based program, don't add up.  

14                  So we have to get -- 

15                  ASSEMBLYWOMAN CLARK:  Well, we have a 

16           bill for that.  So we'll get you on it.  

17           Thank you.

18                  CHAIRWOMAN WEINSTEIN:  Thank you.

19                  Senate?  

20                  CHAIRWOMAN KRUEGER:  Senator Jabari 

21           Brisport.

22                  SENATOR BRISPORT:  Well, good 

23           afternoon.  Thank you all for sticking it 

24           out.  And a pleasure to see some of you 


                                                                   319

 1           again.  

 2                  My question is for the panelists in 

 3           the childcare space.  Earlier this -- earlier 

 4           today I was speaking with OCFS; I asked them 

 5           about waiting lists, if they had more data on 

 6           just the need for childcare.  And they 

 7           weren't able to give a number or any 

 8           sensibility of waiting lists, what was going 

 9           on.

10                  Could any of you speak to waiting 

11           lists, what you're seeing?  Are they getting 

12           longer?  Are people who qualify for 

13           subsidized childcare on these waiting lists?  

14           What can you share with us?

15                  MS. CHIMENTO:  Sure.  

16                  So the state doesn't require childcare 

17           providers to maintain waiting lists.  And our 

18           referral database, which does the majority of 

19           parent referrals, does not necessarily track 

20           waiting lists.  It's not set up to do that.  

21           So it's the individual childcare provider 

22           that maintains the waitlist.  

23                  With that said, I have three staff 

24           coming back from maternity leave; they're two 


                                                                   320

 1           years out to find infant care in the Capital 

 2           Region.  It's not available.  It's that 

 3           simple.

 4                  SENATOR BRISPORT:  Thank you.

 5                  I also just had a question, too, for 

 6           All Our Kin, Mr. Morales.  The gap in 

 7           between, you know, the cost of care and how 

 8           much we reimburse, how does that affect your 

 9           providers?

10                  MR. MORALES:  It makes our providers 

11           make extremely difficult choices every day.  

12           We've seen that.  We've seen providers 

13           themselves who have had to close or who have 

14           lost staff members to other industries.  

15                  And so that gap is really taking money 

16           out of the pockets of educators, because what 

17           they are doing is they are then subsidizing 

18           the system with their own dollars, with their 

19           own time, when they're working extra shifts.  

20           And so they're doing their best to care for 

21           children.  But when the money is not there, 

22           they're making those really tough calls, 

23           working 80, 100-hour weeks to make up for the 

24           difference.


                                                                   321

 1                  SENATOR BRISPORT:  Thank you.

 2                  And with the time I have left, just 

 3           one more question for Adirondack.  Ms. Ryan, 

 4           I believe someone from Adirondack gave us 

 5           written testimony for our hearing earlier on 

 6           the crisis, and basically gave us the data 

 7           that prior to the pandemic, around 80 percent 

 8           of your census tracts were considered 

 9           childcare deserts.  And then since then, 

10           you've lost 1200 more slots, or 25 percent of 

11           your capacity.

12                  Have the stabilization grants slowed 

13           that down or reversed the trend of losing 

14           childcare slots in the Adirondacks?

15                  MS. RYAN:  I don't have the data to 

16           support that.  But I will say anecdotally 

17           that it was helpful, but we are still seeing 

18           serious discrepancies and loss of slots.  

19                  Specifically, many of our centers that 

20           have been able to maintain are no longer able 

21           to do so, and we're seeing them closing.

22                  SENATOR BRISPORT:  Thank you.  I 

23           appreciate it.

24                  I believe it was said earlier when 


                                                                   322

 1           OCFS was here, but $1 billion in 

 2           stabilization grants wasn't enough to save 

 3           the sector about two years ago.  And we 

 4           definitely need more that 389 million this 

 5           year.  

 6                  Thank you all.

 7                  CHAIRWOMAN KRUEGER:  Thank you.

 8                  Assembly.

 9                  CHAIRWOMAN WEINSTEIN:  We go to 

10           Assemblyman Maher.

11                  ASSEMBLYMAN MAHER:  Thank you.  Thank 

12           you for painting this portrait of what you 

13           all do on the ground level.  And obviously on 

14           behalf of all of us, thank you so much for 

15           what you're doing.  Hopefully our job is 

16           going to be able to do what we can to support 

17           you all to go back into the community and do 

18           what you do. 

19                  I have three questions, and anyone 

20           who'd like to jump out and answer, I just 

21           would love to have your feedback.  

22                  First, we talked earlier -- my 

23           colleagues and I asked some questions of the 

24           Office of Children and Family Services.  


                                                                   323

 1           Specifically, I would love to know your 

 2           interactions with providers on applying for 

 3           desert grants, how difficult that can be.  It 

 4           can be frustrating in terms of receiving 

 5           funding and then not getting to the next 

 6           step.  Do you have any recommendations that 

 7           we can pass on to our contacts at the Office 

 8           of Children and Family Services?  

 9                  The second is promoting more folks to 

10           let them know that they are eligible for the 

11           expansion of childcare assistance, not taking 

12           into account the fact that it's difficult to 

13           apply for.  Is there anything promotionally 

14           that you guys are currently doing that we can 

15           assist you with and we can collaborate on?  

16           That's something we can do offline as well.  

17           But if you have some specific things, I'd 

18           love to have everybody hear from them.

19                  And then public-private partnerships.  

20           For the new tax credit that's going to be 

21           coming out, have you guys already started to 

22           engage with private businesses on potentially 

23           having sites on-site for some of these 

24           warehouse jobs and other locations that 


                                                                   324

 1           people would work at if they had some relief?  

 2                  MS. CHIMENTO:  Thank you.  Those are 

 3           great questions.  

 4                  So as far as Stabilization and 

 5           Deserts, OCFS funded 70 positions through the 

 6           CCR&R network to have -- help them navigate 

 7           the process of applying for the grants.  It 

 8           was at times laborious.  And childcare 

 9           providers serve and care for the love of 

10           children, which is why the business support 

11           specialists that I spoke about are so 

12           necessary.  They are the ones that are 

13           helping childcare providers run a business -- 

14           a losing-proposition business, but still a 

15           business.

16                  So I think the piece about 

17           Stabilization and Deserts is increased 

18           access, multiple languages -- all the things 

19           that they've done -- but it's keeping these 

20           70 staff in place to help them navigate the 

21           process.

22                  The second piece that you asked was 

23           about business partnerships.  That is 

24           something that the CCR&R network also does.  


                                                                   325

 1           It's another piece of what we'd like to do, 

 2           is to continue to employ business experts 

 3           that are able to navigate that public-private 

 4           partnership.  And some of the Governor's 

 5           recommendations have funding identified for 

 6           that.  We would like to see that funding -- 

 7           some of that funding come to the CCR&R 

 8           networks.

 9                  I forget the third question.

10                  ASSEMBLYMAN MAHER:  The third one was 

11           promotion of the expansion of childcare 

12           services, what we can do to kind of 

13           collaborate, on some of the efforts you've 

14           been making, to promote it.  

15                  MR. MORALES:  I mean, I think I would 

16           love to see a concerted effort on the part of 

17           OCFS and working with local agencies in 

18           making folks aware of the services that they 

19           are eligible for.  

20                  I worked for New York City for a time, 

21           in the Department of Education, on the 

22           expansion of pre-K, and there was a dedicated 

23           team whose job it was to go out into 

24           communities and make sure folks knew that 


                                                                   326

 1           they were eligible for these things.  

 2                  So that's something I think we could 

 3           really think about.

 4                  ASSEMBLYMAN MAHER:  Would love to work 

 5           with you on that.

 6                  MS. CHIMENTO:  We do that through the 

 7           CCR&R network.

 8                  ASSEMBLYMAN MAHER:  Thank you.

 9                  CHAIRWOMAN WEINSTEIN:  Thank you.

10                  To the Senate.

11                  CHAIRWOMAN KRUEGER:  Thank you.

12                  Senator Samra Brouk.

13                  SENATOR BROUK:  Hi.  Thank you so 

14           much.

15                  First, I just want to thank all of you 

16           for being here and sticking it out and 

17           sharing this testimony.  So often many of us 

18           talk about giving voice to the voiceless, 

19           right?  You're literally giving voice to the 

20           little kids who can't come here and advocate 

21           for themselves, and then probably very 

22           overworked parents who can't make it here as 

23           well.  So thank you for everything you do.

24                  I have two questions.  One of them is 


                                                                   327

 1           probably not a surprise.  We've talked a lot 

 2           about compensation for this workforce.  It's 

 3           a societal ill that we seem to give the least 

 4           amount of value to human services in this 

 5           country and in this state, and we're working 

 6           to address that.  

 7                  But for anyone that wants to answer 

 8           specifically around the childcare piece, 

 9           based on the trends that you've seen over the 

10           last couple of years, what do you think is 

11           going to happen next in this sector if we 

12           don't make increased investments on top of 

13           what we've done with the Executive Budget to 

14           make these actually competitive wages?

15                  MS. CHIMENTO:  I'm going to flip it to 

16           you.  

17                  But you're going to see mass exodus 

18           and a complete collapse of the childcare 

19           system.  So that's why the Empire State 

20           Campaign for Childcare speaks about the 

21           $12,500 annual bonus or incentive for 

22           childcare providers.  The system's this close 

23           to collapsing.

24                  MR. MORALES:  Yeah, I mean, we've seen 


                                                                   328

 1           the trends.  We know that programs continue 

 2           to close.  And they're going to continue to 

 3           do so without that sustained investment.

 4                  SENATOR BROUK:  And we're talking not 

 5           10 years from now, five years from now.  When 

 6           you're thinking about collapse, what's your 

 7           time frame you're thinking about?

 8                  MR. MORALES:  So I'm pretty sure in a 

 9           recent survey in December, done by the 

10           National Association for the Education of 

11           Young Children, they surveyed providers in 

12           New York.  And they were worried that -- 

13           33 percent of family childcare providers said 

14           they were worried about having to close 

15           within the next year.

16                  SENATOR BROUK:  In the next year.  

17           Thank you.  

18                  My next question is about something, 

19           Mr. Morales, that you brought up around 

20           children with specific immigration statuses.  

21           And I was just curious -- I didn't catch 

22           it -- how many children right now are not 

23           covered because of their immigration status?

24                  MR. MORALES:  So I can follow up, or 


                                                                   329

 1           someone from the Empire State Campaign can 

 2           follow up with that estimate.  Because we 

 3           have -- we have some estimates which we can 

 4           share with you.

 5                  SENATOR BROUK:  And your best guess, 

 6           maybe having talked to any of these families, 

 7           what do they do?

 8                  MR. MORALES:  I -- I think there's a 

 9           range.  They do what any parent who's 

10           struggling to find childcare does.  They 

11           might have a relative.  They might have a 

12           neighbor.  They might go to a family 

13           childcare provider who might offer them a 

14           discount out of their own pocket, which we 

15           see a lot of times.

16                  So really -- and a lot of times they 

17           leave the workforce or they're unable to work 

18           because of it.  So there's a lot of negative 

19           consequences for -- when we don't provide 

20           care.

21                  SENATOR BROUK:  Thank you.  I 

22           appreciate it.  Thank you.

23                  MR. MORALES:  Thank you.

24                  CHAIRWOMAN KRUEGER:  Thank you.


                                                                   330

 1                  Assembly.

 2                  CHAIRWOMAN WEINSTEIN:  We were joined 

 3           a little while ago by Assemblywoman Rajkumar.  

 4                  And we go to Assemblywoman 

 5           Gonzalez-Rojas.

 6                  ASSEMBLYWOMAN GONZALEZ-ROJAS:  Thank 

 7           you all for your testimony.  

 8                  Krista, these questions are for you.  

 9           Can you tell us how much families save per 

10           month in groceries if we fund universal 

11           school meals?  

12                  MS. HESDORFER:  Happy to.  

13                  It's an estimated $140 per child per 

14           month in grocery savings.

15                  ASSEMBLYWOMAN GONZALEZ-ROJAS:  Great.  

16                  And can you talk about some of the 

17           other specific benefits in funding universal 

18           school meals?  As you know, I'm a champion 

19           for this initiative, and I really want the 

20           Assembly and Senate to really understand the 

21           implications of something so profound and how 

22           helpful it could be for our families and 

23           children.

24                  MS. HESDORFER:  Yes, definitely, thank 


                                                                   331

 1           you for your continued support.  

 2                  It's really hard to imagine a more 

 3           impactful investment that New York State 

 4           could make.  Providing universal free school 

 5           meals supports children's education.  Kids 

 6           score better on tests, they're better able to 

 7           focus and engage, their attendance improves.  

 8           Of course it reduces food insecurity, which 

 9           is of concern to many folks here today.  And 

10           it also improves children's mental and 

11           physical health.  

12                  There's also benefits for schools.  

13           They're no longer spending administrative and 

14           financial resources chasing down debt from 

15           families who can't afford to pay.

16                  ASSEMBLYWOMAN GONZALEZ-ROJAS:  Can you 

17           talk about the way in which it could draw 

18           down funds from the federal government if we 

19           put our own money into this?  

20                  MS. HESDORFER:  Yes.  So our work 

21           focuses on maximizing the federal Nutrition 

22           Assistance Program.  So I spoke a little bit 

23           about how the NOEP investment would be 

24           federally matched, all SNAP outreach dollars.  


                                                                   332

 1           And part of the universal school meals policy 

 2           is maximizing federal and nutrition programs 

 3           as well.  So making sure that any school 

 4           that's eligible for the community eligibility 

 5           provision is able to participate in that, and 

 6           maximizing those reimbursements for free 

 7           school meals as well.

 8                  ASSEMBLYWOMAN GONZALEZ-ROJAS:  Great.  

 9                  And so can you share more about NOEP, 

10           the Nutrition Outreach and Education Program?  

11           Exactly how does it work, and what is the 

12           return on investment in this program in 

13           particular?

14                  MS. HESDORFER:  Sure.  

15                  So we manage, through a contractor, 

16           through OTDA, a network of community-based 

17           organizations across the state.  They provide 

18           outreach and free and confidential 

19           application assistance to make sure that all 

20           folks who are eligible for SNAP benefits are 

21           able to receive those benefits.  They're 

22           friendly, hand-holding sort of folks, to get 

23           people through that process.

24                  The return on investment for New York 


                                                                   333

 1           in recent years has been 27-fold, because 

 2           SNAP benefits are 100 percent federally 

 3           funded and because SNAP outreach dollars that 

 4           the state invests are matched dollar for 

 5           dollar by USDA SNAP outreach funds.

 6                  ASSEMBLYWOMAN GONZALEZ-ROJAS:  Great, 

 7           thank you so much.  

 8                  I want to underscore how helpful this 

 9           is for children and families.  But we heard 

10           from the earlier panel that many seniors who 

11           are eligible for SNAP are not enrolling 

12           because they're not aware.

13                  Thank you.  Any comments there?

14                  MS. HESDORFER:  Yes.  I'll just say 

15           there is an estimated 200,000 seniors who are 

16           eligible and not participating in New York 

17           State, and part of our work is providing the 

18           resources and assistance to help senior 

19           service providers connect more of those folks 

20           with SNAP as well.

21                  ASSEMBLYWOMAN GONZALEZ-ROJAS:  Thank 

22           you for your work.  Thank you all.

23                  CHAIRWOMAN WEINSTEIN:  Thank you.

24                  Senate?


                                                                   334

 1                  CHAIRWOMAN KRUEGER:  Thank you.

 2                  Senator Rolison.

 3                  SENATOR ROLISON:  Thank you, Chair.  

 4                  We had a hearing a few weeks ago about 

 5           this very topic, which was described as a 

 6           crisis and is being described again as a 

 7           crisis by you, and I think we all understand 

 8           that.  And I don't think we talked about this 

 9           in the hearing, so I wanted to get your 

10           perspective, and anybody can really jump in.

11                  Let's just say money became available, 

12           staff could get hired based on the money 

13           available and the wages paid, and to staff up 

14           and create additional childcare slots and to 

15           retain the employees that are currently doing 

16           this great work throughout the state.  

17                  What goes into -- timewise and 

18           finances -- to properly train someone in the 

19           business of childcare?  It is not something 

20           where obviously you're going to bring someone 

21           in at an entry-level position and say just, 

22           you know:  Go do the best you can, and we're 

23           here to help you out.  I mean, I know that 

24           there are programs out there, but it seems to 


                                                                   335

 1           me that that seems to be something sort of 

 2           new, that the emphasis on the training of the 

 3           individuals who are doing this critical work, 

 4           when we know statistically zero to three is 

 5           so important, right, in the development of a 

 6           child.

 7                  So could you just, in a minute and 

 8           45 seconds, just give us a brief -- give me a 

 9           brief understanding of what goes into this 

10           and how the state can be helpful in that area 

11           as well?  

12                  MS. CHIMENTO:  Thanks, that's great.

13                  So there's a variety of organizations 

14           throughout the state that work on the 

15           business of childcare and work on the quality 

16           of childcare:  The National Association -- or 

17           New York Association for the Education of 

18           Young Children, PDI, QUALITYstars, the CCR&R 

19           network, the unions, to name a few.  

20                  There is a prescriptive career ladder 

21           that childcare providers can follow to 

22           maintain or to attain certain educational 

23           requirements.  The CCR&R network, through 

24           Stabilization and Deserts, implemented a 


                                                                   336

 1           seven-part core business training series to 

 2           focus on the business, the finances behind 

 3           the childcare business.  But it's those 

 4           considerable investments in all of the 

 5           agencies that I spoke about that can really 

 6           bring that -- the educational piece of it, 

 7           along with the business support.

 8                  Funding for wages is great, but 

 9           funding for operations and infrastructure is 

10           just as critically important.  You had --  

11           someone had asked why people were leaving or 

12           what could happen with Stabilization and 

13           Deserts.  Just increased awareness about what 

14           they are being held accountable for during 

15           the process will improve what -- how 

16           childcare providers are responding to these 

17           investments.

18                  SENATOR ROLISON:  So there's a 

19           corresponding system that needs to be 

20           enhanced as well, just besides just raising 

21           wages?

22                  MS. CHIMENTO:  One hundred percent.

23                  SENATOR ROLISON:  Thank you.

24                  Absolutely.  Thank you.  


                                                                   337

 1                  CHAIRWOMAN WEINSTEIN:  Thank you.

 2                  We go to Assemblyman Eachus.

 3                  ASSEMBLYMAN EACHUS:  Thank you, Chair.

 4                  Krista, the first thing that I'd like 

 5           you to know is -- which my colleagues know -- 

 6           I was 40 years in the classroom.  Okay?  I 

 7           was a teacher, and I absolutely know that 

 8           there's a difference between the kids who 

 9           know where their next meal's coming from in 

10           the learning pattern versus those who are 

11           worried about it and what they're 

12           concentrating on, 100 percent.  And so as 

13           these folks know, I'm completely in on that 

14           program, the universal breakfast and lunch 

15           program.  

16                  I would like you, though, sometime, if 

17           possible, to call or come to my office to 

18           explain to me a little more about the SNAP 

19           program and how the elders qualify for it -- 

20           maybe what process they need to go through, 

21           so I can transmit that to them.

22                  Meredith, hi.  I must apologize, I had 

23           to run up to session to make sure I was 

24           checked in up there, and I missed it.  But 


                                                                   338

 1           when I walked back in, I heard a term, TA.  

 2           Is that what you use?

 3                  MS. CHIMENTO:  Technical assistance.

 4                  ASSEMBLYMAN EACHUS:  Technical 

 5           assistance, okay.  All right.  Because I was 

 6           wondering exactly what that was, and I -- 

 7                  MS. CHIMENTO:  Sure.  As an educator, 

 8           you wonder.  

 9                  It's the services that childcare 

10           resource and referral agencies provide to 

11           childcare providers.  And it can be anything 

12           from running a budget to social-emotional 

13           development within our mental health 

14           consultation project.

15                  ASSEMBLYMAN EACHUS:  Okay.  And 

16           Senator Rolison just asked my question, 

17           actually.  I was wondering what it took to 

18           train an individual to be a childcare worker, 

19           you know, and specialist.  And going from 

20           testimony before, we realize that actually, 

21           as of today, most of the people that are in 

22           childcare, they're in there because they love 

23           it and they love their children and they love 

24           what they do.  


                                                                   339

 1                  But one of the things I was thinking 

 2           about -- because I heard this relative to 

 3           another program which I won't go into -- is, 

 4           are you making this available to college 

 5           students?  Maybe training and so on like 

 6           that?  Is -- you know, maybe that's a 

 7           resource if you're not taking advantage of -- 

 8           especially when we talk about the Adirondacks 

 9           and all.  We know we have SUNY schools up 

10           there and all that, you know, I hope there's 

11           some method by which we're advertising.  

12                  I had to work -- I won't tell you, but 

13           I had to work three or four jobs to get 

14           through college while in college.  So, you 

15           know -- 

16                  MS. CHIMENTO:  Yeah, I mean, there 

17           absolutely is.  SUNY Adirondack, all of those 

18           programs have -- or were looking to implement 

19           CDA prep programs, so that's the Child 

20           Development Associate degree.  After-school 

21           programs, childcare centers definitely 

22           attract the young college students, and it's 

23           a great way for them to enter.

24                  ASSEMBLYMAN EACHUS:  Yeah, because 


                                                                   340

 1           that was one of the questions -- just real 

 2           quickly, that was one of the questions about, 

 3           you know, after business hours and through 

 4           the night hours.  And of course most college 

 5           kids are up during that period of time 

 6           anyway.

 7                  (Laughter.)

 8                  MS. CHIMENTO:  Why not, yeah.

 9                  ASSEMBLYMAN EACHUS:  So -- yeah.  So 

10           okay.  Thank you very much.

11                  MS. CHIMENTO:  You're welcome.  

12                  MS. ISAKSON:  Do you mind if I take 

13           the last 15 seconds and just jump in?  

14                  So I'm a pediatrician by training, 

15           right?  So when we're talking about 

16           stabilizing the market of childcare, we 

17           forget about stabilizing the care for the 

18           children.  

19                  So turnover of care providers has a 

20           real damaging effect on young kids.  And so 

21           we have to kind of -- I think actually Dr. -- 

22           Senator Rolison kind of mentioned that, the 

23           impact.

24                  CHAIRWOMAN WEINSTEIN:  So -- thank 


                                                                   341

 1           you, Liz.  The time is up.  

 2                  I don't believe we have any other 

 3           questions.  Thank you for being here.  I just 

 4           wanted to remind all of my colleagues and the 

 5           people who are going to be coming in the 

 6           panels after, that all of the written 

 7           testimony has been submitted, has been 

 8           received by all of the legislators.  And 

 9           again, not to read your testimony so we have 

10           time for the questions.  

11                  So our next panel will be AARP 

12           New York; New York StateWide Senior Action 

13           Council; Project Guardianship; and 

14           Association on Aging in New York.

15                  Gail, do you want to start?

16                  MS. MYERS:  I'm happy to.  

17                  Yes, thank you.  Thanks.  My name is 

18           Gail Myers.  I'm deputy director at New York 

19           StateWide Senior Action Council.

20                  Investments are needed now to ensure 

21           access to services that are vital to 

22           preserving the dignity of older New Yorkers 

23           and their ability to age in their community 

24           homes.  Reports are coming, task forces will 


                                                                   342

 1           be producing those, but we cannot wait.  

 2                  We operate two programs that are 

 3           funded through the New York State Office for 

 4           Aging, through your good graces.  We have 

 5           operated our patients rights hotline and 

 6           advocacy projects since 1987.  The executive 

 7           proposal is $31,500 in funding.  You have in 

 8           the past added, which we appreciate, 

 9           $200,000 -- a total funding of 231,500.  

10                  We implore you to let us keep the 

11           lights on.  Please restore that program.  

12           It's a cut otherwise, and we really need to 

13           continue to offer the services.

14                  We also operate the Managed Care 

15           Consumer Assistance Program.  You heard 

16           Director Olsen talk about the increase in the 

17           income levels that you granted last year for 

18           the Medicare Savings Program.  An extra 

19           300,000 people will be eligible for cash in 

20           their pocket.  

21                  It doesn't happen just because you 

22           pass those programs.  Someone needs to do the 

23           case finding, the outreach, the enrollment 

24           assistance, make sure that they're being 


                                                                   343

 1           followed up on, so that they get those 

 2           benefits that you have entitled them to and 

 3           that they so much need.  So I'm asking you to 

 4           increase the funding for those programs to 

 5           help us to achieve the capacity we need.  

 6                  So we are very concerned about the 

 7           private-pay program that is being proposed to 

 8           be expanded by reducing the income 

 9           eligibility in the budget.  We are 

10           particularly concerned that middle-income 

11           residents will think that the network of 

12           aging service providers are not available to 

13           them unless they pay a 20 percent surcharge 

14           or tax to receive those services.  It's 

15           120 percent of the fee.  Otherwise, they -- 

16           now they get it for 100 percent.  

17                  So we ask you to look at that very 

18           carefully.  We don't think that the 

19           justification to say there's not enough money 

20           to support aging services is a justification 

21           for doing these things.  You make difficult 

22           decisions during the budget based on your 

23           priorities, and we ask you to make these 

24           decisions that -- just like childcare needs 


                                                                   344

 1           all your support, very, very important, we 

 2           need to make sure that elder care is being 

 3           supported as well.

 4                  Home care worker shortage.  There's 

 5           12 hours to be said on this; I know I have 

 6           like four seconds.  We support Fair Pay for 

 7           Home Care.  We reject the Governor's cap on 

 8           wages for home care workers.  And we ask you 

 9           to also reject the pay equity provisions in 

10           the CDPAP program.

11                  The ombudsman program, we certainly 

12           support an increase in those services.  

13           However, there's also a Part Z in the funding 

14           in the Article VII bill that changes the way 

15           the surveillance is for assisted living, and 

16           we would ask you to make sure that the 

17           ombudsman is included in those 

18           recommendations.

19                  Please see my written 27 pages of 

20           testimony -- 

21                  (Laughter.)

22                  MS. MYERS:  -- and I'm happy to answer 

23           any of your questions.

24                  CHAIRWOMAN WEINSTEIN:  Thank you.


                                                                   345

 1                  Yes, go ahead.  

 2                  MS. PREVE:  Good afternoon, and thank 

 3           you all for hosting this very important 

 4           hearing.  

 5                  I'm Becky Preve.  I'm the executive 

 6           director of the Association on Aging in 

 7           New York, and I have the pleasure to 

 8           represent the 59 Offices for the Aging that 

 9           you heard Director Olsen testify about today. 

10                  I want to make you all aware, as I'm 

11           sure you are, the population of older 

12           residents in the State of New York is rapidly 

13           growing, as is the demand for our services.  

14           The COVID-19 pandemic severely impacted the 

15           older population, and the need for services 

16           has substantially increased without adequate 

17           investments to support the 4.6 million 

18           individuals over the age of 60 in the State 

19           of New York.

20                  On behalf of the network, we were very 

21           shocked that the proposed budget does not 

22           include any significant investments for the 

23           New York State Office for the Aging.  The 

24           state has proudly announced a Master Plan on 


                                                                   346

 1           Aging with executive order language stating, 

 2           and I quote:  Ensure older New Yorkers can 

 3           live fulfilling lives in good health with 

 4           freedom, dignity, and independence to age in 

 5           place as long as possible.  

 6                  However, the proposed budget refuses 

 7           to acknowledge or address the funding needs 

 8           that have been presented repeatedly.  In 

 9           fact, the budget continues to harm aging 

10           services providers specifically regarding 

11           home care services.  

12                  We serve individuals that are above 

13           income from the Medicaid benchmark to receive 

14           home care services, but they can't afford to 

15           privately pay for the care.  We use the exact 

16           same licensed home care provider network as 

17           the Medicaid system, and we're also mandated 

18           to pass a $2 rate increase on October 1st for 

19           all the personal care aides serving the older 

20           population, with no investment from the state 

21           to absorb this cost.

22                  This obviously has created a huge 

23           issue within this aging services 

24           infrastructure, because we also are facing a 


                                                                   347

 1           $1 mandated rate increase for October 1 of 

 2           2023.  And again, the proposed Executive 

 3           Budget completely ignored the fact that we're 

 4           serving thousands of older New Yorkers with 

 5           our home care program and did not receive 

 6           these investments.

 7                  I also want to put into perspective 

 8           that the individuals that we're serving in 

 9           the aging services network absolutely qualify 

10           for nursing home placement.  Our traditional 

11           client is an 83-year-old female who lives 

12           alone, is low-income, and has four or more 

13           chronic conditions, and needs assistance with 

14           activities of daily living such as going to 

15           the bathroom or taking a shower.  

16                  We know that our aging services 

17           infrastructure serves that individual for 

18           less than $10,000 per year, on average for 

19           six and a half years -- versus $150,000 per 

20           year in a skilled nursing facility.  

21                  We know that people waiting for the 

22           services through the aging services network 

23           on waiting lists, 10 percent of them will go 

24           directly to a nursing home, another 7 percent 


                                                                   348

 1           will spend down to MLTC.  On the current 

 2           waiting list right now we have in the State 

 3           of New York for services, it's going to cost 

 4           $70 million for those 10 percent of 

 5           individuals to go to nursing homes.  

 6                  Additionally, the proposed 

 7           Executive Budget completely disregards the 

 8           rising costs of inflation that severely 

 9           impacted the largest nutrition program in the 

10           country, which is ours.  We know the cost of 

11           raw food, transportation and workforce has 

12           substantially increased, along with an 

13           increase in the older population.  Coupled 

14           with inflation and the loss of federal 

15           stimulus dollars, the aging services network 

16           in the State of New York is facing severe 

17           issues and very long waiting lists for 

18           services.  

19                  Again, under the context of the 

20           Master Plan on Aging, we wanted to ask the 

21           Legislature to really take into consideration 

22           the fact that we have to make sure that the 

23           basement isn't flooded before we can build 

24           the fourth floor.  And we really need to look 


                                                                   349

 1           at our current infrastructure, which I 

 2           outlined in my written testimony.

 3                  Thank you.

 4                  CHAIRWOMAN WEINSTEIN:  Thank you.

 5                  Project Guardianship.  

 6                  MS. GEORGE:  Hello?  Hi.  Thank you, 

 7           Chairs Krueger and Weinstein and committee 

 8           members.  

 9                  My name is Kimberly George.  I'm the 

10           president and CEO of Project Guardianship.  

11           We are a nonprofit organization providing 

12           person-centered, court-appointed guardianship 

13           services to hundreds of limited-capacity 

14           New Yorkers.

15                  Our clients are living with 

16           disabilities, serious mental illness, 

17           dementia, substance misuse disorders, 

18           traumatic brain injury, and other conditions 

19           that negatively impact their ability to make 

20           decisions.  

21                  We serve clients regardless of their 

22           ability to pay and provide services for some 

23           of the most compelling and complex cases in 

24           New York.  We also share research and policy 


                                                                   350

 1           recommendations for a better guardianship 

 2           system and advocate for more equitable 

 3           service provision for people in need of 

 4           decision-making supports.

 5                  For New Yorkers with limited capacity, 

 6           the New York Mental Hygiene Law provides for 

 7           the appointment of a guardian to help manage 

 8           personal and/or property needs.  Guardianship 

 9           is a critical link between supportive 

10           services for New Yorkers whose functional 

11           limitations have prevented them from 

12           accessing those services.  And while New York 

13           is fortunate to have strong legal protections 

14           that entitle individuals access to 

15           guardianship services, this mandate is 

16           underfunded, and there's currently no direct 

17           funding stream to ensure statutory 

18           compliance.

19                  If a family member cannot serve as 

20           guardian, nonprofits, county social services 

21           districts, and private attorneys must step in 

22           to provide services in a patchwork manner.  

23           But the demand for assistance greatly 

24           outpaces capacity.  In some regions there's 


                                                                   351

 1           no access to these resources, especially for 

 2           low-income individuals with family, without 

 3           family, and unable to pay for a private 

 4           attorney.

 5                  At the same time, our state's older 

 6           population is growing, becoming more diverse, 

 7           and increasingly living in poverty.  You know 

 8           the stats, and they're in my written 

 9           testimony so I won't go through them now.  

10           But because of them, guardianship petitions 

11           are on the rise.  

12                  Guardianship itself encompasses many 

13           services, including legal services, financial 

14           management, healthcare coordination, and 

15           other vital tasks to promote the overall 

16           health, safety, and stability of the 

17           individual.  

18                  An effective guardian works to prevent 

19           institutionalization and supports these 

20           populations in their own communities.  Not 

21           only do these efforts support the local 

22           economy by redirecting funds back into the 

23           community, but guardianship also saves public 

24           dollars by decreasing Medicaid spending on 


                                                                   352

 1           avoidable hospitalizations and 

 2           institutionalizations.

 3                  Guardianship services are also 

 4           critical in achieving the goals of the 

 5           Master Plan for Aging.  With data that 

 6           clearly reflects the imminent need of growing 

 7           guardianship, it is crucial that 

 8           community-based guardianship programs be 

 9           robustly funded to ensure that New Yorkers 

10           are able to access the services that they 

11           need.

12                  We, along with a coalition of 

13           guardianship providers and advocates called 

14           Guardianship Access New York, are asking for 

15           a $15 million investment to provide nonprofit 

16           community guardianship services to 1,500 

17           people annually across the state.  This 

18           funding would help us provide technical 

19           assistance, quality assurance, data 

20           collection, and a statewide guardianship 

21           prevention and support helpline.

22                  CHAIRWOMAN WEINSTEIN:  Thank you.

23                  AARP?  

24                  MS. FINKEL:  Can you hear me?  Sorry.  


                                                                   353

 1                  Good evening.  Thank you so much, 

 2           Senator Krueger and Assemblymember Weinstein.  

 3           So much of the data -- and all of you for 

 4           hanging out with us.  I really appreciate it.

 5                  I know a lot of data has been given.  

 6           I appreciate -- many of you have quoted 

 7           AARP's data, and I'm very appreciative of 

 8           that.  As you heard, 65-plus is the fastest 

 9           growing, and it grew by 31 percent in the 

10           last decade.  We just commissioned a report, 

11           which we will share with all of you -- there 

12           are now more people 65-plus in New York State 

13           than 15 and under.  Which is kind of a sad 

14           thing in some ways, and a good thing in other 

15           ways.

16                  But we're here today because we really 

17           need to talk about how the budget is going to 

18           address this demographic shift.  We talked 

19           about caregivers; my colleagues have talked 

20           about home- and community-based services.  We 

21           really feel like we need a stable home care 

22           system so people can age in place so we can 

23           get those savings that were just documented 

24           before.


                                                                   354

 1                  We also want to make sure that we have 

 2           fair pay, that we make sure that the money 

 3           that was allocated in the budget that you did 

 4           last year actually ends up going to the home 

 5           care workers, because we know it's getting 

 6           caught up with the insurance companies and 

 7           it's not getting through.  And that's just, I 

 8           think, appalling to everybody.

 9                  We also want to make sure that we 

10           relieve the pressure of the home care family 

11           members, like all of us -- there's two and a 

12           half million of them in New York who are 

13           feeling this pressure.  

14                  We know that -- Becky talked about the 

15           10,000 waiting list.  But we also know that 

16           we don't actually have a true reading on that 

17           number because there's no transparency.  SOFA 

18           is supposed to report those numbers every two 

19           years, and they haven't.  We need to do that 

20           so that all of you can decide how the budget 

21           should be spent and where, so we can really 

22           document where people are waiting for 

23           services and what they need.

24                  We need to make sure that we're 


                                                                   355

 1           cost-effective and compassionate about all 

 2           this home care.  We also -- I want to just 

 3           hit the LTCOP really quickly.  We're asking 

 4           for 15 million in LTCOP.  Again, we know that 

 5           people have not been going in to visit -- 

 6           it's supposed to be one every week, and we 

 7           know that only 9 percent of the facilities in 

 8           New York State are getting that one visit a 

 9           week, which is unconscionable.

10                  Finally, we want to talk about data 

11           matching.  I know that came up earlier.  

12           There is over $4.4 billion of federal funds 

13           that are not coming into New York State as an 

14           economic stimulus because of SNAP, Medicare 

15           Savings Program, and HEAP benefits -- that 

16           are federal dollars, for the most part -- and 

17           they're not reaching seniors.  If they did, 

18           there would be as, I said, the 300,000 

19           Medicare Savings Program beneficiaries -- who 

20           would, by the way, get on the average $7,000 

21           back every year in their Social Security 

22           checks.  And just the economic stimulus from 

23           that alone is over $2 billion.  

24                  So I know you're all going to help us 


                                                                   356

 1           in this fight, so I thank you all.

 2                  CHAIRWOMAN WEINSTEIN:  Thank you.

 3                  We go to Assemblyman Kim.

 4                  ASSEMBLYMAN KIM:  Thank you.  It's 

 5           good to see everyone.  Thank you for your 

 6           patience today.  And a couple of quick 

 7           questions.  

 8                  Rebecca, the -- I just wanted to 

 9           simplify the numbers for a minute.  So if we 

10           put in a dollar toward SOFA programs, we can 

11           save, in my calculation, up to $8 in the 

12           back end on Medicaid savings.  Does that 

13           sound about accurate?

14                  MS. PREVE:  It does, yes.

15                  ASSEMBLYMAN KIM:  Okay.  And I just -- 

16           I mean, the number is so stunning to me, 

17           that -- and there are between 7 to 10 percent 

18           of people on the waiting list that if we 

19           don't serve today, they will spend down to 

20           poverty level so that they can qualify for 

21           Medicaid.  So we are systemically fueling 

22           older adults into poverty by not fixing this, 

23           correct?

24                  MS. PREVE:  I 100 percent agree.  And 


                                                                   357

 1           I would say -- and I know I've had this 

 2           conversation with you numerous times -- we 

 3           look at prevention in every other system's 

 4           infrastructure.  Right?  We want to make sure 

 5           that pregnant moms know about the WIC program 

 6           so they can prevent health disparities moving 

 7           forward.  

 8                  We're doing nothing to prevent 

 9           impoverishing people down to Medicaid.  And I 

10           can tell you from direct practices -- I used 

11           to be a director that did home visits -- if I 

12           knew I had 200 people on my waiting list but 

13           I had an 85-year-old who really needed home 

14           care, I would get them a full trust that week 

15           and get them on Medicaid coverage because 

16           they needed the care, and that's exactly a 

17           backwards system.  

18                  And if the state is very concerned 

19           about savings overall, we know the efficacy 

20           of our programs.  Why are we not investing on 

21           the front end to make sure we're keeping 

22           people in homes and communities, as the 

23           master plan outlines, and keeping them off of 

24           the Medicaid system so that Medicaid can 


                                                                   358

 1           serve the purpose that it's been intended to 

 2           do, to support low-income older individuals.

 3                  ASSEMBLYMAN KIM:  Right.  And as far 

 4           as the EISEP non-Medicaid home care services 

 5           and the problems with reimbursement of wages, 

 6           it's further exacerbating the problem because 

 7           if you don't take care of the reimbursements, 

 8           people will again try to go to Medicaid 

 9           health care and not wait for SOFA's EISEP 

10           program.  

11                  So it's urgent, it's incumbent upon us 

12           to make sure that we put in funding for the 

13           non-Medicaid to make sure that the entire 

14           home care universe of older adults are 

15           properly serviced.

16                  Gail, you mentioned the ZZ 

17           surveillance around LT -- can you just expand 

18           on that?  I want to give you 30 seconds just 

19           to expand on that.

20                  MS. MYERS:  Yeah.  There is a 

21           provision within the Governor's budget that 

22           she says is about improving quality, and it 

23           changes -- it lays out a system for allowing 

24           industry to self-regulate and to say that 


                                                                   359

 1           they have met quality measures, which would 

 2           allow the Department of Health to extend the 

 3           frequency of surveillance inspections.  

 4                  And there's no -- while you need to 

 5           examine that on its own, if you agree to do 

 6           that, we really would like you to see the 

 7           ombudsmen play a role in establishing 

 8           quality.

 9                  CHAIRWOMAN WEINSTEIN:  Thank you.

10                  To the Senate.

11                  CHAIRWOMAN KRUEGER:  Senator Cordell 

12           Cleare.

13                  SENATOR CLEARE:  I want to thank you 

14           all for coming today and hanging around this 

15           long.

16                  So I just have a couple of questions 

17           maybe AARP can answer.  You know, I know 

18           you're strong supporters of Fair Pay for Home 

19           Care, as I am.  And if you could tell me what 

20           that looks like for your members.  And also, 

21           you know, have you seen the crisis getting 

22           worse or getting easier?  And also I'll 

23           just -- let me give you -- no, I'm going to 

24           stop right there.


                                                                   360

 1                  MS. FINKEL:  Absolutely.  I hear it 

 2           from everywhere I go.  It's probably the 

 3           number-one call that I get.  When I'm out 

 4           with my own friends and relatives, it's the 

 5           number-one thing that I hear.  

 6                  So yes, there is a dearth of home care 

 7           workers.  And it's mostly because they are 

 8           not getting a decent wage and they can't 

 9           support their own family.  We're not being 

10           respectful of the worker, and we're certainly 

11           not being respectful of the person who needs 

12           the care, is desperate for the care.

13                  MS. MYERS:  And if I can, from our 

14           patients' rights helpline, the two biggest 

15           concerns that we have are on the lack of 

16           home care workers, both the people who need 

17           to stay at home and for people who want to 

18           exit the nursing home and then go back home, 

19           and they can't get discharged because they 

20           don't have a safe environment.

21                  The second thing, of course, is the 

22           quality of care in nursing homes, which 

23           increasingly the ombudsman program certainly 

24           will help to address.


                                                                   361

 1                  SENATOR CLEARE:  The Association for 

 2           the Aging, if you could just tell me more 

 3           about the rates for home care workers.  We're 

 4           hearing that some counties are not increasing 

 5           the funding to agencies to meet the mandated 

 6           wage.  Can you speak to that?

 7                  MS. PREVE:  What I can tell you -- and 

 8           I think the commissioner spoke to this 

 9           earlier -- most of our counties are actually 

10           paying well above Medicaid rates.  And that's 

11           why I really talk about an un-level playing 

12           field.  

13                  So because our authorizations are 

14           traditionally lower than the Medicaid system, 

15           we're not as attractive to a licensed home 

16           care provider because you're not getting a 

17           block of hours at one individual's home.  

18                  So again, I surveyed the members last 

19           month; we're paying anywhere between 35 and 

20           $40 an hour for personal care services.  We 

21           were mandated for the $2 rate increase above 

22           the minimum wage benchmark.  On October 1st 

23           we got no revenue in the State Budget to 

24           absorb that.  We have no revenue forecasted 


                                                                   362

 1           for the additional $1.  

 2                  Again, it's an unfunded mandate on the 

 3           non-Medicaid system for a solution that 

 4           didn't solve the problem.  Because now as you 

 5           index minimum wage, you're going to see the 

 6           same thing -- home care becomes a 

 7           minimum-wage job once again, in competition 

 8           with retail, fast food, et cetera.  

 9                  So it's really done nothing to 

10           alleviate the long-term problem, which is why 

11           we support Fair Pay for Home Care.

12                  SENATOR CLEARE:  Thank you.  

13                  And to StateWide Senior Action 

14           Council -- and you can send this answer to 

15           me -- I just need -- I want a breakdown of 

16           the private pay and why it's not a good 

17           thing.  Why is that something that -- because 

18           it was confusing to me when I heard it, and I 

19           heard it again and it's still confusing.  And 

20           I'd like to get some more clarity, because I 

21           think I'm right.

22                  (Laughter.)

23                  MS. MYERS:  I think you're right too.  

24           Let's talk.  


                                                                   363

 1                  Just very quickly, just if you look at 

 2           the EISEP services, EISEP is a sliding scale 

 3           up to 250 percent of the federal poverty 

 4           level.  At 250 and above, it's 100 percent 

 5           pay.  This proposal would say it's 

 6           120 percent pay if the county opted into 

 7           providing it in this particular way.

 8                  CHAIRWOMAN WEINSTEIN:  Thank you.

 9                  Assemblywoman Clark.

10                  ASSEMBLYWOMAN CLARK:  Thank you.  

11                  It's been a long day, so I'm going to 

12           do some rapid-fire questions so that --

13                  Can we ever get to once-a-week visits 

14           across all our long-term care facilities 

15           without the trustful eye of our volunteers?

16                  MS. FINKEL:  Absolutely not.  

17                  And that's why we need the $15 million 

18           in the budget for the long term care 

19           ombudsman.  We can't have what happened in 

20           COVID again.  We have to have transparency.  

21           We have to have advocates looking out for -- 

22                  ASSEMBLYWOMAN CLARK:  Thank you.  You 

23           answered my second question, so I'll move to 

24           my third question for you.


                                                                   364

 1                  We get the visits, we understand that.  

 2           Are we getting clear access to the reports 

 3           and data on the visits from SOFA, what the 

 4           visits entail, and if the complaints are 

 5           resolved?

 6                  MS. FINKEL:  I'm going to have to get 

 7           back to you on that one, but the complaints 

 8           do go to DOH.  

 9                  ASSEMBLYWOMAN CLARK:  Are you getting, 

10           are we as a state getting good access to the 

11           data on those visits, on those complaints?

12                  MS. FINKEL:  I will get back to you.

13                  ASSEMBLYWOMAN CLARK:  Okay.  I think I 

14           know the answer, but we will keep working on 

15           that.

16                  I have some questions on elder abuse.  

17           So first and foremost, are we seeing more or 

18           less cases of elder abuse right now?  

19                  MS. PREVE:  We have seen an explosion 

20           in elder abuse -- most predominantly, 

21           financial exploitation and scams.  I think 

22           all of you have heard in your district 

23           offices of very, very well-rehearsed, very 

24           tangible scams that are targeting older 


                                                                   365

 1           individuals.  

 2                  And again, I'm glad you raised this, 

 3           Assemblymember Clark.  When you look at the 

 4           Executive's proposed budget, there was a 

 5           $375,000 cut to Lifespan of Greater 

 6           Rochester, who host the Statewide Elder Abuse 

 7           Coalition.  And again, when you look at a 

 8           million dollars being invested into a 

 9           planning committee for the Master Plan on 

10           Aging, and yet you're going to cut the 

11           service organization that protects the one in 

12           24 older New Yorkers that actually report 

13           that they were exploited, it's kind of hard 

14           to wrap your mind around that.

15                  So, you know, again in my testimony we 

16           fully support full implementation of 

17           restoring that funding for Lifespan.

18                  ASSEMBLYWOMAN CLARK:  And these 

19           complaints are getting more or less confusing 

20           and complicated -- more?

21                  MS. PREVE:  Absolutely.

22                  ASSEMBLYWOMAN CLARK:  Last but not 

23           least, on the prevention piece of this, if we 

24           were to reach more seniors' basic needs, if 


                                                                   366

 1           we were able to take care of them, if we were 

 2           able to hand-hold them through some of the 

 3           complex issues, would we or would we not save 

 4           money in the long run on healthcare?

 5                  MS. PREVE:  We would save an 

 6           extraordinary amount of money.  

 7                  And when I -- every year I come in and 

 8           talk at these budget hearings, we're talking 

 9           about the high need, right, that 85-year-old 

10           who needs home care?  That doesn't take into 

11           account the thousands of other older 

12           New Yorkers that we serve through wellness 

13           programs and prevention through volunteer 

14           activities.

15                  So, you know, again, I would love to 

16           be able to talk about the fact that our 

17           transportation program gets older individuals 

18           to medical appointments, which we know then 

19           reduces emergency department visits.  We know 

20           that 80 percent of home-delivered meal 

21           participants self-report that the reason 

22           they're able to stay in homes and communities 

23           is because of a meal that costs $7 a day.  

24                  So again, we desperately need the 


                                                                   367

 1           investment.

 2                  ASSEMBLYWOMAN CLARK:  Thank you.

 3                  CHAIRWOMAN WEINSTEIN:  Thank you.

 4                  To the Senate.

 5                  CHAIRWOMAN KRUEGER:  Senator Tom 

 6           O'Mara.

 7                  SENATOR O'MARA:  Thank you, 

 8           Chairwoman.

 9                  Good evening.  Thank you for your 

10           testimony here today.  

11                  I've just got one question, with 

12           regards to the change in the -- I guess the 

13           number of ADLs needed for home care.  Have 

14           any of you received any justification for 

15           this change and why they're going about it?  

16           Because it seems to me it's going to -- it's 

17           going to cost a lot more money.

18                  MS. MYERS:  Well, we've seen the 

19           Medicaid Redesign Team put this forward as a 

20           cost saving for the state.  There were not 

21           consumers on that panel to be able to say, 

22           Here's what happens if you reduce our 

23           benefits.  

24                  In other words, if -- you're saying 


                                                                   368

 1           the only time you can get home care under 

 2           Medicaid, under that provision -- which may 

 3           soon go into effect -- would be if you were 

 4           otherwise eligible to be in a nursing home.  

 5           And it just flies in the face of good 

 6           prevention to be able to say some 

 7           housekeeping, some assistance with bathing, 

 8           some food services in the home may be able to 

 9           keep a large number of people off of 

10           Medicaid.  And also, it keeps them active in 

11           their houses of worship and their social 

12           programs locally.  And that ending isolation 

13           is incredibly important in terms of the 

14           prevention piece as well.

15                  MS. PREVE:  And I would just add, 

16           Senator, that the changes on the Medicaid 

17           side will actually create more customers on 

18           the aging side, because we did not change our 

19           triggers for home care services.  So we still 

20           provide Personal Care Level 1, which is 

21           housekeeping, grocery shopping, bill paying.  

22           And when that's carved out of the Medicaid 

23           benefit because of the ADL requirements, 

24           we're going to get customers that come to our 


                                                                   369

 1           service infrastructure.

 2                  Additionally, when Medicaid home care 

 3           puts into effect the 30-month lookback 

 4           period, people that traditionally would have 

 5           been able to access Medicaid for home care 

 6           services will no longer be eligible.  And 

 7           guess where they're going to come?  They're 

 8           going to come to Office for the Aging for the 

 9           care.  So ...

10                  SENATOR O'MARA:  Thank you.  Thank you 

11           very much.  Very concerning.  

12                  MS. MYERS:  One of the things that -- 

13           just if I may, one of the things that you did 

14           last year, which was great, was you expanded 

15           the income eligibility for Medicaid.  

16                  So some of the most needy people 

17           within the Office for Aging services will now 

18           become Medicaid-eligible under that 

19           expansion.  That's a good thing for them 

20           getting comprehensive benefits.  It's also a 

21           good thing to allow more dollars to go to 

22           people above the Medicaid level.

23                  But if the ADL piece goes through and 

24           they are newly eligible for Medicaid, they're 


                                                                   370

 1           not going to get the services that they had 

 2           the day before under the EISEP program.

 3                  SENATOR O'MARA:  Thank you all.

 4                  CHAIRWOMAN KRUEGER:  Thank you.  

 5                  CHAIRWOMAN WEINSTEIN:  We go to 

 6           Assemblywoman Rajkumar.

 7                  ASSEMBLYWOMAN RAJKUMAR:  Thank you.  

 8                  My question is about the waiting 

 9           lists.  So there have been calls for an 

10           increase in the provision of public 

11           information, specifically regarding waiting 

12           lists.  And according to you, the Association 

13           on Aging in New York, over 10,000 seniors in 

14           our state who are not Medicaid recipients are 

15           waiting for essential services such as adult 

16           day care, meal delivery, and transportation.

17                  I understand that there's a call for 

18           clear information on how many seniors are 

19           waiting and what services they are waiting 

20           for, as well as requesting a change to 

21           reporting on a county-wide level versus a 

22           statewide aggregate.

23                  So can you tell this legislative panel 

24           what you're seeing on the ground with regards 


                                                                   371

 1           to waiting lists and how it's affecting 

 2           families?  

 3                  MS. PREVE:  So I can tell you that we 

 4           have roughly about 10,000 people that are 

 5           waiting for services.  It's nuanced, because 

 6           you might have someone waiting for a meal and 

 7           personal care services, so you could have 

 8           duplicate services within that catchment.

 9                  But I can tell you, just for case 

10           management, these would be unique customers.  

11           We have 7,713 that are waiting for services 

12           today.  And what that means is those 

13           individuals are seeking alternate ways to get 

14           care, whether that be spend down to 

15           Medicaid -- unfortunately, many times, by the 

16           time someone gets to our service network, if 

17           they're told you might have a six-month 

18           waiting period, the family automatically 

19           looks towards assisted living or skilled 

20           nursing facility placement out of necessity.  

21                  And it also means that specifically 

22           regarding home care services, because the 

23           home care workforce is in such crisis -- I 

24           can tell you I surveyed all of the AAAs:  


                                                                   372

 1           100 percent of them reported waiting lists 

 2           for personal care services due to the lack of 

 3           direct care professionals.

 4                  So this is something, you know, we've 

 5           talked about at a state perspective.  It's 

 6           also a federal issue; you're seeing a 

 7           national shortage as well.  But we're never 

 8           going to be able to serve individuals if we 

 9           don't have funding to do so, but also if we 

10           don't have an infrastructure to serve them.  

11                  And that's why Fair Pay for Home Care 

12           to actually raise these wages to a livable 

13           wage, and getting 50 percent of home care 

14           workers off public service benefits, is so 

15           important for the state, because it's going 

16           to save us money long-term.

17                  ASSEMBLYWOMAN RAJKUMAR:  Thank you.  

18                  And also I'd like to ask you about 

19           data matching again, which has already come 

20           up.  Last month Governor Hochul announced a 

21           new data matching policy to help connect 

22           recipients of one benefit to other benefits 

23           to which they are entitled.  And the plan 

24           identified families receiving benefits who 


                                                                   373

 1           are eligible for childcare assistance.

 2                  So do you support basically a similar 

 3           data matching program for seniors -- 

 4                  MS. PREVE:  Yes.

 5                  MS. FINKEL:  Yes.  

 6                  MS. MYERS:  Absolutely.

 7                  ASSEMBLYWOMAN RAJKUMAR:  -- to connect 

 8           them to SNAP, HEAP, and the Medicare Savings 

 9           Program?  I assume you do.  But can you speak 

10           to how that expansion of data matching would 

11           help?

12                  MS. FINKEL:  Well, we know there are 

13           300,000 New Yorkers 65-plus who are now newly 

14           eligible for MSP.  We also know that there 

15           are 200,000 older New Yorkers that are now 

16           eligible for SNAP that are not getting it.  

17           And we know that there are a lot of people 

18           that are struggling out there to pay their 

19           utility bill.

20                  So when you put all of that together, 

21           yes, we know that it would help.  Why you 

22           would just single out family and children and 

23           leave out older adults is something that we 

24           really can't understand.  


                                                                   374

 1                  And you saw, when we asked -- when 

 2           someone here asked the OTDA commissioner, he 

 3           said that it's going to be three and a half 

 4           years.  Well, I've been hearing it's going to 

 5           be five years for the last 20 years.  

 6                  ASSEMBLYWOMAN RAJKUMAR:  Okay.

 7                  MS. FINKEL:  So honestly, I don't 

 8           understand it.  We're making people struggle 

 9           personally when they don't have to.  They 

10           could have upwards of seven or eight or nine 

11           thousand dollars back in their pocket every 

12           year.  And --

13                  CHAIRWOMAN WEINSTEIN:  Thank you.  

14                  MS. FINKEL:  Sorry.

15                  CHAIRWOMAN WEINSTEIN:  Thank you.

16                  MS. FINKEL:  This is an issue I'm very 

17           passionate about.  

18                  (Laughter.)

19                  ASSEMBLYWOMAN RAJKUMAR:  Thank you for 

20           that information.

21                  CHAIRWOMAN WEINSTEIN:  Thank you, 

22           Beth. 

23                  So we move on to the Senate.

24                  CHAIRWOMAN KRUEGER:  Senator Murray.


                                                                   375

 1                  SENATOR MURRAY:  Thank you, Chair. 

 2                  Thank you all for being here in this 

 3           kind of late hour.  

 4                  I want to touch on something -- I hear 

 5           the frustration in your voice, we hear it all 

 6           the time as far as home care workers and pay.  

 7           But I want to take it from a different angle.  

 8                  Can you tell me, first, how long does 

 9           it take to properly train a home care worker 

10           and how much investment does it take to do 

11           that?

12                  MS. PREVE:  So you have to become 

13           certified through a licensed home care 

14           agency.  And I can follow up -- I believe the 

15           requirement is a six-week-long in-person 

16           training for the personal care worker.  

17                  And we've really seen a variety.  So 

18           there's many licensed home care providers 

19           throughout the state.  Predominantly, they're 

20           not-for-profits that absorb the cost of the 

21           training because they have to.  

22                  Specifically in upstate, those 

23           licensed home care agencies are also trying 

24           to reimburse travel time, which they don't 


                                                                   376

 1           get reimbursement for on the Medicaid side.  

 2           And specifically in my district, you could 

 3           drive 50 miles in between cases.  

 4                  So the licensed home care providers 

 5           are absorbing those costs to get individuals 

 6           trained, but then what you run into is 

 7           extensive competition with healthcare.  

 8           Right?  Because the CNA at a nursing home can 

 9           make much more than a community home care 

10           worker can.  

11                  So it's -- and then with recruitment 

12           and retention bonuses, you also run a risk of 

13           then having an aide that's trained who then 

14           has to jump agency to agency to get that 

15           benefit.

16                  So again, you know, the CUNY research 

17           report that came out two years ago clearly 

18           outlined that a significant state investment 

19           of about 4 billion would reach $7 billion in 

20           return by raising those wages to 150 percent 

21           of poverty.

22                  SENATOR MURRAY:  And there's also the 

23           problem of the quality of care, because I've 

24           heard from seniors who they'll get a home 


                                                                   377

 1           care worker, they feel very comfortable with 

 2           them, they trust them -- and before you know 

 3           it, they're gone.  And now they have to get 

 4           to know someone else, maybe they're not as 

 5           comfortable.  You start shifting who you're 

 6           sending, causing all sorts of problems.  

 7                  So as much as recruiting is a problem, 

 8           would you say retention is also as high or 

 9           higher?

10                  MS. PREVE:  Retention is a huge issue.  

11           And again, competition with other markets.  

12                  And again, we believe everyone should 

13           get a living wage.  But I find it 

14           disheartening that my 16-year-old son works 

15           at a local farm and he makes more than a 

16           home health aide does for an hour of care 

17           where they're giving someone a bath.  

18                  And, you know, I think to talk about 

19           the home care workforce, these people are so 

20           dedicated, they are so in love with the 

21           position that they work two or three jobs to 

22           support their families because they believe 

23           in the cause.  

24                  But again, you raise a great point.  


                                                                   378

 1           These are personal relationships.  Home care 

 2           workers are social workers, they're nurses, 

 3           they're physicians, they're therapists, and 

 4           they need to be paid in a way that we can 

 5           retain them and have them part of a 

 6           long-term-care team.

 7                  SENATOR MURRAY:  And I'm wondering if 

 8           something like -- I mean, we have IDAs and we 

 9           have Economic Development Councils for 

10           businesses.  Is there something we can do for 

11           the workers similar to what we do for EMS and 

12           all, where we give maybe retirement credits 

13           or something, but somehow thinking outside of 

14           the box to offer some sort of a longevity 

15           bonus or something to that effect?  Would 

16           that be helpful?

17                  MS. PREVE:  I completely agree.  And I 

18           think that the model that Director Olsen 

19           referenced this morning in the 12 counties 

20           that are directly employing aides, we've seen 

21           100 percent retention of those home health 

22           aides.  

23                  In Putnam County specifically, they 

24           had over 80 people on a waiting list.  Their 


                                                                   379

 1           waiting list has been cleared for two years, 

 2           and they have the same aides.

 3                  SENATOR MURRAY:  Wow.  That's great.  

 4                  Thank you very much.

 5                  CHAIRWOMAN KRUEGER:  Thank you.

 6                  Assembly.

 7                  CHAIRWOMAN WEINSTEIN:  We have no 

 8           other questioners.

 9                  CHAIRWOMAN KRUEGER:  We have one final 

10           questioner, Roxanne Persaud.

11                  SENATOR PERSAUD:  Good evening, 

12           everyone.  

13                  I just wanted to ask a question to 

14           follow up on something Director Olsen said.  

15           When asked if -- because we were saying many 

16           agencies and aging reports were saying there 

17           are wait lists for home delivery meals, 

18           et cetera.  And he said that he was not 

19           hearing that.

20                  But you just said the opposite of what 

21           he said.  Could you clarify that for me, 

22           please?

23                  MS. PREVE:  I can tell you we have 

24           362 people waiting in the State of New York 


                                                                   380

 1           for a home-delivered meal.

 2                  SENATOR PERSAUD:  Thank you.

 3                  MS. PREVE:  You're welcome.

 4                  MS. MYERS:  You know, and in part 

 5           they're waiting for an assessment, they're 

 6           waiting for case management to be able to say 

 7           they've done a home visit, they see that this 

 8           person is homebound, that they need these 

 9           services in order for that spigot to start.  

10                  So you were talking about somebody who 

11           was getting emergency home-delivered meals 

12           and then it runs out and then they try to get 

13           it again and it runs out?  

14                  SENATOR PERSAUD:  No, it's just a 

15           person waiting for home delivery.

16                  MS. MYERS:  Right.  Waiting and 

17           waiting.

18                  SENATOR PERSAUD:  The whole process, 

19           yes.

20                  MS. MYERS:  So part of it that 

21           connects together with all of the workers 

22           that are needed in the aging network are also 

23           to make sure that there are enough case 

24           managers to do that assessment so that people 


                                                                   381

 1           are getting the services that they have 

 2           earned after so long living in our community.  

 3                  SENATOR PERSAUD:  What's the average 

 4           time for the 300-plus people who have been 

 5           waiting?

 6                  MS. PREVE:  It really varies based on 

 7           your geographic area and population density.  

 8           So we can absolutely talk offline if you want 

 9           further information specifically about your 

10           constituents.

11                  SENATOR PERSAUD:  Absolutely.

12                  MS. PREVE:  But traditionally, 

13           especially post-discharge from an acute care 

14           facility, we try to start meals within seven 

15           days.  There are some areas of the state 

16           where that's not possible, based on geography 

17           and also waiting lists.  But it's definitely 

18           more prevalent in the New York City region 

19           than it is in other parts of the state.

20                  But again, when you talk about the raw 

21           cost of food, everybody feels this at the 

22           grocery store right now.  We're feeding, you 

23           know, hundreds of thousands of older 

24           New Yorkers, and the food cost has gone up 


                                                                   382

 1           with no revenue to offset it.  Gasoline for 

 2           meal delivery -- again, a huge expense that 

 3           we haven't been reimbursed for.  

 4                  So I think you're going to see that 

 5           waiting list grow if we don't do something to 

 6           address those ongoing issues.

 7                  SENATOR PERSAUD:  Ongoing.

 8                  Thank you very much.  We'll talk.

 9                  CHAIRWOMAN WEINSTEIN:  Thank you to 

10           all the members of this panel.  

11                  And we're going to now ask Panel C to 

12           come:  New York State Network for Youth 

13           Success; New York State YouthBuild Coalition; 

14           Northern Rivers Family of Services; Prevent 

15           Child Abuse New York; Council of Family and 

16           Child Caring Agencies; and Children's Health 

17           Home of Upstate New York.

18                  And so that we don't mess up -- so we 

19           get your name correctly on the broadcast, if 

20           we can go in that order, starting with 

21           New York State Network for Youth Success.

22                  MS. MORGAN:  Hello.  Thank you for 

23           allowing me to testify today.  

24                  My name's Trudy Morgan, and I'm the 


                                                                   383

 1           policy director at the New York State Network 

 2           for Youth Success.  Our goal as a statewide 

 3           network is to build an effective and 

 4           integrated statewide system of high-quality, 

 5           expanded learning programs in New York.  

 6                  Decades of research shows that 

 7           after-school and summer expanded learning 

 8           programs play a critical role in improving 

 9           student outcomes.  Research spanning several 

10           states shows that every dollar invested in 

11           our school programs saves at least $3.

12                  In New York, an overwhelming majority 

13           of caregivers are satisfied with their 

14           child's after-school and summer school 

15           experience.  It is no surprise that the 

16           impact of after-school spans across critical 

17           issue areas.  For many students and families, 

18           after-school goes beyond after-school hours.

19                  After-school provides a safe haven for 

20           some, a support system for others, academic 

21           empowerment for leadership development or 

22           career exploration or youth development.  

23           After-school is integral to students' 

24           education.  These programs complement what 


                                                                   384

 1           students learn in school by providing more 

 2           time for deeper learning, creative spaces for 

 3           hands-on projects, and opportunities to 

 4           explore careers.

 5                  After-school is also integral to 

 6           New York's childcare system.  After-school 

 7           services, through high-quality school-age 

 8           childcare programs, promote stability in 

 9           families who rely on them to balance work and 

10           life.  That is why any improvements to the 

11           childcare system must include support for 

12           school-age childcare and children.

13                  After-school is integral to youth 

14           development.  In after-school, children and 

15           youth are surrounded by caring adults and 

16           mentors that help create a safe space for 

17           participants to express themselves, along 

18           with a sense of belonging and discovering 

19           their passions while fostering an environment 

20           that supports healthy development.

21                  Over the last few years New York's 

22           after-school programs have experienced many 

23           crises, and that's why we have presented a 

24           roadmap in this year's budget to reimagine 


                                                                   385

 1           the system.  And among our priorities we ask 

 2           for your support to reorganize after-school 

 3           through a $219 million investment.  

 4                  And this is a critical year to align 

 5           the Empire State After-School Program and 

 6           Advantage After School Program, as both 

 7           programs follow very similar objectives and 

 8           benchmarks.  Streamlining these programs will 

 9           mitigate the many barriers providers face 

10           when accessing after-school funding.  

11                  And as we take this critical step, we 

12           must do more and do things differently to 

13           ensure that our programs are better 

14           resourced, by adopting a higher per-student 

15           rate of $4,300 and engaging the expertise and 

16           experience of after-school stakeholders to 

17           develop and access program success, and 

18           guaranteeing the current base funding for 

19           these programs, including the restoration of 

20           Advantage by $5 million.

21                  We also ask that you dedicate 500,000 

22           through the CCDBG grants to support technical 

23           assistance for after-school providers that we 

24           provide support for as the statewide 


                                                                   386

 1           after-school network.  Currently the state 

 2           does not provide any dedicated funding to 

 3           support TA for after-school, and this funding 

 4           can help sustain these programs while helping 

 5           us to partially pay the statewide landscape 

 6           analysis for after-school, summer, and 

 7           expanded learning programs, which is 

 8           currently lacking and much needed.

 9                  After-school, summer and expanded 

10           learning programs help keep students safe, 

11           support working families, and empower youth 

12           success.  We count on your support to 

13           continue these programs.

14                  CHAIRWOMAN WEINSTEIN:  Thank you.  

15                  New York State YouthBuild Coalition.

16                  MS. LANDI:  Thank you, Senator 

17           Krueger, Assemblywoman Weinstein, for the 

18           opportunity to provide information on the 

19           value of YouthBuild programs in New York 

20           State.

21                  First, on behalf of the thousands of 

22           vulnerable youth we serve, thank you for the 

23           '22-'23 budget support we received in the 

24           amount of $10 million in ESD Pay for 


                                                                   387

 1           Performance Workforce strategies funding and 

 2           2.5 million appropriated for the Legislature 

 3           to fund YouthBuild program wraparound 

 4           services, such as addressing mental health 

 5           and substance use issues, addressing 

 6           community gun violence, housing insecurity, 

 7           food insecurity, job coaching, resume 

 8           writing, self-care, proper hygiene, how to 

 9           dress appropriately, how to speak 

10           appropriately, and leadership development -- 

11           all of which have been determined as integral 

12           to the outstanding outcomes YouthBuild 

13           programs achieve.

14                  We are requesting the same level of 

15           budget funding that we received in the 

16           '23-'24 budget.  

17                  Recently, YouthBuild participated in 

18           an OCFS Workforce Development Demonstration 

19           Project.  The outcomes from that project 

20           clearly indicate the effectiveness of the 

21           comprehensive training provided.  Those 

22           outcomes were:  

23                  Programs exceeded the number of 

24           required enrollments by 6 percent, serving 


                                                                   388

 1           more than what was expected; 

 2                  Placement rate in a job or a 

 3           post-secondary education program after 

 4           completion, 100 percent;

 5                  HSE and industry-recognized 

 6           credentials earned, 99 percent; 

 7                  Youth with prior justice system 

 8           involvement, no rearrests -- zero recidivism.  

 9           We're very proud of that.

10                  As a point of information, YouthBuild 

11           began right here in New York State, in 1978 

12           in East Harlem.  In 1992 it was replicated by 

13           the federal government and expanded across 

14           the nation into 44 states.  Today there are 

15           over 225 YouthBuild programs nationwide.

16                  Currently in New York State there are 

17           17 programs, located from Long Island to 

18           Buffalo.  Additionally, we have requests from 

19           Hudson, Monticello, Syracuse, and Yonkers, 

20           who are seeking to start a YouthBuild 

21           program.  

22                  As you are aware, the aftermath of 

23           COVID has exacerbated the inequities facing 

24           young people of color.  One of the most 


                                                                   389

 1           troubling issues facing these young people is 

 2           community gun violence.  YouthBuild programs 

 3           across the state have already begun to take 

 4           the necessary steps to address the issue and 

 5           its adverse effects on our young people.  

 6                  The highly successful YouthBuild 

 7           program model.  Our efficacy rates indicate 

 8           YouthBuild has the ability to address the 

 9           very issues leaders and U.S. state 

10           policymakers are grappling with for young 

11           people.  However, program resources are 

12           limited.  We need the willingness of the 

13           state to continue to invest in our efforts.  

14                  CHAIRWOMAN KRUEGER:  Thank you.

15                  MS. LANDI:  We must stop reinventing 

16           the wheel and keep these youth working -- 

17                  CHAIRWOMAN KRUEGER:  Thank you.  

18                  MS. LANDI:  -- toward what they need 

19           for success.

20                  CHAIRWOMAN KRUEGER:  Next, Northern 

21           Rivers Family of Services.

22                  MR. GETTMAN:  Good evening, members of 

23           the Legislature and chairs.  

24                  My name is Bill Gettman.  I'm the CEO 


                                                                   390

 1           of Northern Rivers Family of Services.  I'm 

 2           here representing the 18,000 children, 

 3           adults, and families that we serve in 

 4           40 counties across New York State.

 5                  I'm also here today to talk on behalf 

 6           of the 1400 employees who work for Northern 

 7           Rivers -- seven days a week, 24 hours a 

 8           day -- 25 percent who have a second job, 

 9           10 percent who have to have a third job to 

10           make ends meet.  

11                  I'm here today to talk about while we 

12           appreciate the Governor's investment after a 

13           decade of poor investments in the areas of 

14           mental health and childcare and other areas, 

15           we need to go a step further.

16                  First, we need to go ahead with the 

17           8.5 percent COLA that has been advocated by 

18           many associations around New York State.  Our 

19           workers need to hear from the Legislature and 

20           the executive branch that they are respected, 

21           they are cared for, and the work they do is 

22           important to the future of this state.

23                  Our staff take care of families and 

24           kids when no one else will do it.  Just 


                                                                   391

 1           Friday night, we admitted an 11-year-old who 

 2           was in the hospital who had no place to go.  

 3           They ended up at our doorstep, and we 

 4           admitted them.  We will place them in a 

 5           foster home, and we will get them back to a 

 6           permanent and safe situation someday.

 7                  But you don't do that if 25 percent of 

 8           your staff have to work a second job, if you 

 9           have a turnover rate of 30 percent.  And I 

10           have 105 vacancies today.  I have over 1,000 

11           on my waitlist for mental health services and 

12           community-based services.  We need a trained 

13           and experienced workforce to meet those 

14           community needs.

15                  Mental health and child welfare are a 

16           single item.  The Governor's proposal for 

17           mental health we applaud.  However, in child 

18           welfare we provide mental health every single 

19           day.  And as part of that, we need to correct 

20           some of the deficiencies in the Governor's 

21           budget related to rate-setting and the 

22           underfunding of the childcare agency budgets.

23                  Our rates will end on April 1st this 

24           year unless the Legislature takes decisive 


                                                                   392

 1           actions.  I don't know how many 

 2           businesspeople can provide services without 

 3           knowing what they're going to get paid.  

 4           However, we have thousands of kids in our 

 5           care, and we need to improve the 

 6           rate-setting.

 7                  We also need to look at prevention.  

 8           And so I call to your attention the bills in 

 9           the Legislature to increase primary 

10           prevention to 75 percent, and also to the 

11           Poverty Agenda that the Governor's task force 

12           has worked on.  We need to make long-term 

13           investments so that we can change the curve 

14           and create a better place for kids in this 

15           state.

16                  Kids are our future.  They will take 

17           care of all of us.  They will take care of 

18           our grandchildren.  They are the people that 

19           are going to care for us, and we need to 

20           invest in them now if we want to make 

21           New York a great place to live, work, and 

22           raise a family.

23                  So thank you for your time.  I applaud 

24           you for what will be some tough decisions in 


                                                                   393

 1           the next few weeks, but thank you for your 

 2           dedication and your service, because you also 

 3           are heroes.  

 4                  Thank you.

 5                  CHAIRWOMAN KRUEGER:  Thank you.  

 6                  Next is Prevent Child Abuse New York, 

 7           Timothy Hathaway.

 8                  MR. HATHAWAY:  Good afternoon.  

 9                  My name is Tim Hathaway.  I'm the 

10           executive director with Prevent Child Abuse 

11           New York.  Thank you to the members of this 

12           committee for your dedication this afternoon 

13           and throughout this legislative session.  

14                  Prevent Child Abuse is a training and 

15           technical assistance organization serving 

16           folks across the State of New York, as well 

17           as providing policy and advocacy work.  

18           Primarily, we're looking at how do we build 

19           strong families in the state.  And that work 

20           is critical to avoid the downstream impacts 

21           that we all know are extremely 

22           cost-prohibitive.

23                  So our testimony outlines a number of 

24           different priorities.  They're bulleted on 


                                                                   394

 1           the first page of my testimony, and I want to 

 2           just take a couple of minutes and dive into 

 3           some specifics on a couple.  

 4                  The first one is around the Child and 

 5           Family Well-Being Fund.  We know that the 

 6           best solutions to prevent child abuse come at 

 7           a neighborhood level.  The research tells us 

 8           that.  When families are strong, when 

 9           neighborhoods are strong, kids do better.  

10           This fund is aimed at directly that.

11                  How do we get more money directly down 

12           to the faith-based communities, the 

13           organizations that are operating on a 

14           shoestring budget?  How do we make sure that 

15           they receive a part of the funding that 

16           really helps get them to the next level so 

17           that they can do what they do best, help 

18           families in their neighborhood do this work?  

19                  We also want to talk about maternal, 

20           infant, and early childhood home visiting.  

21           We applaud the state's investment in 

22           Healthy Families New York.  We do have a 

23           concern, and we want to urge restoration of 

24           the $200,000 line item for ParentChild+.  


                                                                   395

 1           This is something that was in the budget, has 

 2           been taken out.  

 3                  We also want to encourage the 

 4           restoration of $200,000 for Help Me Grow.  

 5           You've heard from those folks earlier today.

 6                  We also are pushing forward this large 

 7           investment around universal home visiting.  

 8           We know this model works, we've seen it work 

 9           in other states.  It's an investment in the 

10           future of New York and in our children and 

11           families.

12                  Childcare, we continue to support -- 

13           and love the testimony from our earlier 

14           folks -- after-school programs.  We know this 

15           is critical to what we do in terms of 

16           prevention and building strong families.  The 

17           work that Mr. Gettman already outlined around 

18           75/25 is very important; we urge that.

19                  And then relative to housing, the 

20           right for counsel bill that will be coming 

21           before you folks.  Again, strong families 

22           need safe housing.  They need good housing.  

23                  And I'll close with that.

24                  (Laughter.)


                                                                   396

 1                  CHAIRWOMAN KRUEGER:  Thank you.  

 2           Appreciate it.  

 3                  Next up is the Council of Family and 

 4           Child Caring Agencies, Kathleen 

 5           Brady-Stepien.

 6                  MS. BRADY-STEPIEN:  Hello.  My name is 

 7           Kathleen Brady-Stepien.  I'm the CEO of 

 8           COFCCA.  We represent the state's child 

 9           welfare nonprofit organizations.

10                  This past year the state took action 

11           to diminish funding for foster-care programs 

12           and services.  It was an unacceptable action 

13           that has left our foster-care programs in 

14           free fall, unable to plan ahead for their 

15           budgets.  And still right now, today, these 

16           programs do not know what rate they're going 

17           to receive from the state as of April 1st to 

18           provide care and services for young people in 

19           foster care.

20                  We are asking for the Legislature's 

21           support in ensuring that these programs are 

22           fully funded through the end of their current 

23           fiscal year, which goes to June 30th, so that 

24           they don't receive a midyear rate reduction, 


                                                                   397

 1           and also that we invest meaningfully in 

 2           salaries to support the very hardworking 

 3           foster-care staff, of which we have a 

 4           49 percent turnover rate across the state.  

 5           This is a Darling/Brisport proposal that we 

 6           strongly support.  

 7                  Human services programs have had to 

 8           contend with incredibly rising costs, and so 

 9           we have to not only get to an 8.5 percent 

10           COLA to support these programs, but we also 

11           have to make sure that those programs that 

12           have been left out of this human services 

13           COLA in the past are included going forward.  

14           And for us, in our world, that's prevention 

15           services programs, it's also health home care 

16           management supporting children.  Let's make 

17           sure that they're included going forward 

18           also.

19                  And not only do we need the COLA for 

20           prevention services programs, but we want to 

21           make sure that we invest meaningfully in 

22           doing more prevention across the State of 

23           New York so that families are kept safely 

24           together and are supported in the challenges 


                                                                   398

 1           that they're experiencing.  We strongly 

 2           support the proposal, as my colleagues have 

 3           said, to raise this up to 75 percent support 

 4           for counties around the state to do more 

 5           prevention services.

 6                  Finally, we have to make sure that we 

 7           are working together towards policy solutions 

 8           for really critical challenges ahead of these 

 9           nonprofit organizations.  We strongly support 

10           Assemblymember Lunsford's efforts to 

11           establish a fund for the Child Victims Act, 

12           to ensure that there is justice for victims 

13           who are bringing their claims forward.

14                  We also note with concern the 

15           inclusion of funding in the Governor's budget 

16           for the state's forward direction on 

17           submitting a Medicaid waiver.  This is 

18           relating to residential foster care.  And we 

19           don't think that this is the best long-term 

20           solution for making sure that there is 

21           appropriate in-state capacity for those 

22           young people who are assessed to need this 

23           level of care.  

24                  We continue to recommend the provision 


                                                                   399

 1           of state-only Medicaid until such time that 

 2           there is a federal solution to ensure that 

 3           children and youth in residential foster care 

 4           can receive federal funding for their 

 5           healthcare and their behavioral healthcare.

 6                  Thank you for the opportunity to 

 7           testify.

 8                  CHAIRWOMAN KRUEGER:  Thank you very 

 9           much.

10                  Okay, and our last testifier on this 

11           panel, the Children's Health Home of Upstate 

12           New York, Nicole Bryl. 

13                  MS. BRYL:  Good evening.  

14                  My name is Nicole Bryl, and I'm the 

15           CEO of the Children's Health Home of Upstate 

16           New York, also referred to as CHHUNY.   

17                  I would like to thank Chairs Krueger 

18           and Weinstein and all members of the 

19           Legislature for allowing me to provide 

20           testimony today.

21                  CHHUNY is the largest upstate health 

22           home designated to serve children and youth 

23           under the age of 21.  We serve over 

24           13,500 members each month and almost 


                                                                   400

 1           18,000 unique members annually.  CHHUNY 

 2           provides health home care management services 

 3           in 55 counties and upstate New York through a 

 4           network of over 90 care management agencies.  

 5           Our population consists of seriously 

 6           emotionally disturbed children, medically 

 7           fragile children, children with multiple 

 8           chronic conditions, developmentally disabled 

 9           children, and children who have experienced 

10           complex trauma.

11                  I want to start by commending 

12           Governor Hochul for the significant 

13           investments in mental health services as 

14           proposed in her Executive Budget.  With over 

15           75 percent of the children and young people 

16           we serve experiencing at least one mental 

17           health condition, we applaud her 

18           acknowledgment of the dire need to support 

19           this sector.

20                  Today I'm here on behalf of the 

21           1,000-plus individuals that make up our 

22           children's health home care management 

23           workforce and the children and families we 

24           serve.  I am here to ask for your support in 


                                                                   401

 1           ensuring that our Children's Health Home 

 2           Program is specifically identified as an 

 3           eligible program for the proposed human 

 4           services COLA, and that the COLA be 

 5           consistent with the Consumer Price Index, 

 6           which would equate to 8.5 percent instead of 

 7           2.5 percent.

 8                  Over the last six years, care 

 9           management services for children have been 

10           consolidated under the health home model to 

11           streamline and simplify the children's system 

12           of care.  OMH Targeted Case Management 

13           transitioned in 2016, and then six waiver 

14           programs previously under OMH, OCFS, and 

15           OPWDD state agencies transitioned in 2019.  

16                  With these transitions came immense 

17           responsibility and new requirements to 

18           understand all systems of care for children, 

19           truly breaking down silos by consolidating 

20           pathways to care and ensuring no wrong door 

21           for struggling youth and families.

22                  Unfortunately, over the past six years 

23           the state has failed to support our program 

24           through these transitions and added 


                                                                   402

 1           responsibility.  Since the inception of this 

 2           program, our rates have increased by only 

 3           1 percent.  Children's health homes were 

 4           excluded from the 5.4 percent COLA last year, 

 5           and without your support to explicitly 

 6           identify our program as eligible in this 

 7           year's budget, we again will be excluded from 

 8           a COLA, while our colleagues who serve health 

 9           home members in OPWDD or the adult Health 

10           Home Plus world are benefiting from the COLA 

11           the past two years.  So due to the 

12           bifurcation of this program, and under our 

13           DOH oversight, Children's Health Home is 

14           consistently left out of funding 

15           opportunities.

16                  Children's Health Home services are 

17           not adult health home services.  Our systems 

18           are multifaceted, and our care managers are 

19           expected to know how to navigate state plan 

20           services -- OMH, OCFS, OPWDD, OTDA, State Ed, 

21           Early Intervention, managed care waiver, and 

22           so much more.

23                  And although the lift is a lot for one 

24           person, our care managers are doing it  


                                                                   403

 1           successfully.  We are seeing positive 

 2           outcomes such as increased annual 

 3           primary-care visits and annual dental visits, 

 4           increased compliance with metabolic 

 5           monitoring when a child is on two or more 

 6           antipsychotic medications, and improving the 

 7           completion of post-hospitalization outpatient 

 8           appointments.

 9                  Thanks.

10                  CHAIRWOMAN WEINSTEIN:  Thank you.

11                  So we go to Assemblyman Maher, for 

12           three minutes. 

13                  ASSEMBLYMAN MAHER:  Sorry about that.  

14           I actually did not have any particular 

15           questions at this time.  

16                  I do plan to reach out to all of you, 

17           and just thank you so much for all that you 

18           do.  Such amazing information you give us, 

19           also -- thank you.

20                  MS. BRYL:  Thank you.

21                  MR. GETTMAN:  Thank you.  

22                  CHAIRWOMAN WEINSTEIN:  Senate?

23                  CHAIRWOMAN KRUEGER:  Jabari Brisport.

24                  SENATOR BRISPORT:  Thank you, 


                                                                   404

 1           Madam Chair.  

 2                  And thank you, panelists.  I really 

 3           appreciated your testimonies.

 4                  I just had a question about public 

 5           safety.  You know, a lot of times in Albany 

 6           when we discuss public safety the 

 7           conversation gets framed around policing, 

 8           prisons, the criminal legal system.  But many 

 9           of the programs that you offer and advocate 

10           for seem like they could serve a much more 

11           expansive vision of what keeps us safe.  So 

12           I'm just curious, how could these investments 

13           that you're talking about help make our 

14           communities more safe?  

15                  And this is for everyone.  I'm 

16           certainly interested in the YouthBuild 

17           answer, Northern Rivers, CHHUNY, but it's 

18           open to everybody.  

19                  MR. GETTMAN:  So let me start.  We 

20           have partnered with the City of Albany and 

21           the County of Albany to look at how we can 

22           use our prevention staff and our 

23           community-based staff to reduce the 

24           occurrence or reoccurrence of the violence in 


                                                                   405

 1           the community.  

 2                  And it goes back to what Tim was 

 3           talking about:  It's about prevention.  It's 

 4           about housing.  It's about having the care 

 5           manager in partnership with the family to 

 6           create means of a plan for alternatives to 

 7           perhaps stress, inappropriate reactions to 

 8           conflict.  

 9                  But it's about investing in our 

10           workforce, who is out there every day.  So 

11           it's the prevention workforce, it's our 

12           health home workforce, it's our YouthBuild 

13           partners, who do great, great work keeping 

14           kids meaningfully employed and then getting 

15           them jobs in the future.

16                  MS. LANDI:  I would like to address 

17           the gun violence issue as well.  

18                  When gun violence became prevalent 

19           amongst YouthBuild programs, we did not wait 

20           to have somebody come in and tell us what we 

21           needed to do.  We took the bull by the horns, 

22           and we went in and we tried to address those 

23           issues by providing the preventative care 

24           that the young people need.


                                                                   406

 1                  It comes out of their neighborhoods.  

 2           They come into the program every single day 

 3           talking about being afraid to walk to the 

 4           program.  So we have staff that will go pick 

 5           them up to make sure they get there.  

 6                  We are regularly meeting and bringing 

 7           in workshop leaders to help us with 

 8           prevention.  We work closely with the 

 9           police department and the sheriff's 

10           department.  

11                  The young people in a YouthBuild 

12           program know they're safe there.  They aren't 

13           safe anywhere else when they leave.  So we 

14           try to do whatever we can to help them 

15           understand what they need to do to be able to 

16           cope with the things that are providing them 

17           the problems and the issues that they face 

18           every single day.

19                  MS. MORGAN:  I'll share that for 

20           after-school, one of the main benefits for 

21           after-school is that it keeps young people 

22           safe.  

23                  Our research actually shows that the 

24           hours between 3 to 6 are the times where 


                                                                   407

 1           young people are most likely to engage in 

 2           juvenile crime or be victimized by crime.  

 3           And so we recognize that the after-school 

 4           hours are a critical part of students' 

 5           development and also their safety as well.

 6                  And I'll also share that in addition 

 7           to this, after-school provides protective 

 8           factors such as self-management, 

 9           self-control, and enables them to have the 

10           social networks to help them thrive.

11                  CHAIRWOMAN KRUEGER:  Thank you.

12                  SENATOR BRISPORT:  Thank you.

13                  CHAIRWOMAN WEINSTEIN:  Thank you.  

14                  We go to Assemblyman Ra.

15                  ASSEMBLYMAN RA:  Thank you.  Can you 

16           hear me?  There we go.  Sorry about that.  

17                  So I just wanted to go, Kathleen, with 

18           regard to the COLA and all of that stuff.  

19           Because I think it's important, but it's 

20           technical as to where we are.  

21                  So you have -- last year we have this 

22           COLA, but it's not in the normal rate-setting 

23           that you go through.  So we hit the end of 

24           our budget year, and now you have a gap 


                                                                   408

 1           between the end of the state budget year and 

 2           the calendar year -- or the budget year that 

 3           you would -- the providers operate on, 

 4           correct?

 5                  MS. BRADY-STEPIEN:  Right.

 6                  ASSEMBLYMAN RA:  So there's -- you 

 7           don't know what it looks like for that gap 

 8           between April 1st and, what, June 1st?

 9                  MS. BRADY-STEPIEN:  That's right, yup.  

10                  So we're six weeks out from April 1st, 

11           and we don't know what rate the programs will 

12           get.  Because of what happened last year, 

13           yes.

14                  MR. GETTMAN:  And we will not take the 

15           money back from our workforce.  If anything, 

16           we need to invest in them.  So this is a 

17           double whammy.

18                  ASSEMBLYMAN RA:  But, I mean -- so 

19           really what we need in this budget is, you 

20           know, something to plug that gap in that last 

21           quarter, correct?  

22                  MS. BRADY-STEPIEN:  Yup, that's right.

23                  ASSEMBLYMAN RA:  And then a COLA for 

24           next year.


                                                                   409

 1                  MS. BRADY-STEPIEN:  Yup.

 2                  ASSEMBLYMAN RA:  But we have to make 

 3           sure this all ties together so that we don't 

 4           at some point go back to a rate-setting that 

 5           looks at a number from two or three years ago 

 6           at that point, correct?

 7                  MS. BRADY-STEPIEN:  That's right.  And 

 8           so what we need to accomplish is making sure 

 9           that the programs have their full funding 

10           through the end of the fiscal year to 

11           June 30th.  

12                  Then we have to make sure that the 

13           COLA continues forward into the rate so that, 

14           as Bill says, you know, nobody is pulling 

15           money back from their workforce.  In fact, 

16           we're here talking with all of you about the 

17           need to build on that, right?  

18                  And so what we have to accomplish 

19           together really is making sure that we have 

20           the funding not only for right now, but 

21           building into the future, so that we can give 

22           these staff the increases that they need.  

23                  ASSEMBLYMAN RA:  Yeah.  I mean, if you 

24           don't -- I mean, I would look at it this way.  


                                                                   410

 1           If you don't carry a COLA forward years into 

 2           the future, really it was a one-year bonus, 

 3           not --

 4                  MS. BRADY-STEPIEN:  Right.

 5                  ASSEMBLYMAN RA:  -- a COLA, correct. 

 6                  MR. GETTMAN:  And they will go find 

 7           another job.  Because the message that will 

 8           be sent is "Your work is not valued.  We love 

 9           you, but we're not going to pay you."  They 

10           will go find another job, especially if we're 

11           being -- indexing minimum wage.  That's one 

12           of the harsh realities that our workforce 

13           faces.

14                  ASSEMBLYMAN RA:  All right.  Well, 

15           thank you, guys.

16                  MS. BRADY-STEPIEN:  Thank you.

17                  CHAIRWOMAN WEINSTEIN:  Senate?

18                  CHAIRWOMAN KRUEGER:  Senator Cordell 

19           Cleare.

20                  SENATOR CLEARE:  Thank you, all of 

21           you.  I -- that -- you took my question.  But 

22           some of my question, you answered it.  But I 

23           do want to just thank all of you for the work 

24           that you do.  It is very important that every 


                                                                   411

 1           child should have after-school.

 2                  And YouthBuild, I've got to shout you 

 3           out, because it started in my district, 

 4           East Harlem.  Nina Saxon is a big cheerleader 

 5           for you over there.  And I know how important 

 6           that work is, not just because it provides 

 7           something for young people to do, but it also 

 8           gives them a skill, something that they will 

 9           make money from and they will be able to live 

10           off of.  So I support the work that you do a 

11           hundred percent.

12                  MS. LANDI:  Thank you.  It supplies 

13           affordable housing, too.

14                  SENATOR CLEARE:  Absolutely, that 

15           part.

16                  CHAIRWOMAN KRUEGER:  Thank you.

17                  Assembly.  

18                  CHAIRWOMAN WEINSTEIN:  Assemblyman 

19           Eachus.

20                  ASSEMBLYMAN EACHUS:  Thank you very 

21           much.  

22                  And I want to thank all these groups 

23           for what they do.  

24                  Just to let you know, I had 13 foster 


                                                                   412

 1           brothers and sisters, so --

 2                  MR. GETTMAN:  We could reenroll you, 

 3           if you'd --

 4                  (Laughter.)

 5                  ASSEMBLYMAN EACHUS:  Thanks.  

 6                  But what I would like to say is that 

 7           earlier in the hearing there were some folks 

 8           talking about like the GIVE program, if 

 9           you're familiar with that, and, you know, why 

10           isn't it in New York City and all.  New York 

11           City has a number of programs which are great 

12           and hopefully address that.  But I want you 

13           to know that I taught in the second most 

14           violent city in all of New York, and that's 

15           in upstate New York:  Newburgh.  Okay?  And 

16           so we definitely need these programs in 

17           upstate also.

18                  And so I think I'm just going to make 

19           an ask of you folks.  I hope that you will 

20           visit my office at some point in time, come 

21           in, talk to me in depth, and let's find out 

22           what we really can do to, you know, get you 

23           out there.  Because I have to honestly say 

24           that I have not heard of a few of your 


                                                                   413

 1           programs.  I'm unaware of them.  Not that I'm 

 2           supposed to know everything, but I would love 

 3           to learn more, so -- 

 4                  MS. LANDI:  We just started one in 

 5           Newburgh last year.

 6                  ASSEMBLYMAN EACHUS:  Okay, great.  

 7           Thank you.

 8                  MR. GETTMAN:  Thank you.

 9                  MS. MORGAN:  Thank you.

10                  MR. GETTMAN:  We'll be there.

11                  CHAIRWOMAN WEINSTEIN:  Senate?

12                  CHAIRWOMAN KRUEGER:  I don't believe 

13           we do have any other Senators, no.

14                  CHAIRWOMAN WEINSTEIN:  And no further 

15           Assemblymembers.  

16                  So thank you all for being here.  

17           Thank you for the work that your 

18           organizations do for New Yorkers.

19                  CHAIRWOMAN KRUEGER:  Thank you.

20                  CHAIRWOMAN WEINSTEIN:  Next we have 

21           Panel D:  New York State Coalition Against 

22           Domestic Violence, Empire Justice Center -- 

23           and if you're keeping score, we have a -- 

24           Jessica Radbord couldn't be with us today 


                                                                   414

 1           because of illness, and Emilia Sicilia is 

 2           replacing her.  Then we also have the 

 3           Schuyler Center for Analysis and Advocacy; 

 4           SAGE - Advocacy & Services for LGBTQ+ Elders; 

 5           Supportive Housing Network of New York; and 

 6           New York Association of Training and 

 7           Employment.

 8                  So if you can go in that order, 

 9           starting with the New York State Coalition 

10           Against Domestic Violence.

11                  MS. GERHARDT:  That would be me.

12                  Hello, everyone.  Thank you.  

13                  I'm Joan Gerhardt, director of public 

14           policy and advocacy at the New York State 

15           Coalition Against Domestic Violence.  

16                  NYSCADV is recognized by the U.S. 

17           Department of Health and Human Services and 

18           the U.S. Department of Justice as the 

19           information clearinghouse and resource center 

20           on domestic violence in the State of 

21           New York.

22                  Domestic violence advocates are 

23           dedicated and passionate professionals.  

24           Their work is challenging and requires unique 


                                                                   415

 1           skills and training.  It is a 24-hour-a-day, 

 2           seven-day-a-week obligation, meeting domestic 

 3           violence survivors where they are at the 

 4           police station, in the hospital, and in 

 5           court.  We provide crisis services which are 

 6           often life-stabilizing and lifesaving.  

 7                  Recognizing this critical need, 

 8           domestic violence advocates were included in 

 9           New York's pool of essential frontline 

10           workers at the start of the pandemic.  And 

11           it's a good thing, because during the 

12           pandemic and even since, the demand for 

13           domestic violence services is incredibly 

14           high.  In fact, it's the highest in the 

15           nation.  In the nation.  On just one day last 

16           year when the national count was conducted, 

17           more than 9100 adult and child victims 

18           received services.  Extrapolate that for a 

19           full year -- we're talking about thousands of 

20           New Yorkers in need.  

21                  That's why it's so frustrating that 

22           far too many domestic violence advocates do 

23           not earn a living wage.  Their compensation 

24           is tied to restrictive contracts with 


                                                                   416

 1           New York State which are not sufficiently 

 2           funded.  At current salaries, most domestic 

 3           violence staff do not earn enough to afford a 

 4           two-bedroom rental.  

 5                  DV advocates were not included in the 

 6           pool of human service workers who received 

 7           additional salary, bonuses and COLA 

 8           adjustments last year.  Nor are we included 

 9           in this year's COLA proposal.  These 

10           employees are mostly women providing support 

11           to other women and children.  They should be 

12           first on the list to receive a wage increase.  

13                  At the beginning of the pandemic a 

14           tremendous number of domestic violence staff 

15           left their jobs for fear of working in 

16           congregate settings.  Now thousands of 

17           positions are still vacant because domestic 

18           violence agencies can't offer a living wage.  

19           NYSCADV urges the Legislature to increase the 

20           minimum wage of all domestic violence staff 

21           and provide us with a COLA.  

22                  I also want to mention our request 

23           that the Legislature carry forward a 

24           $14.4 million transfer to OVS for victim 


                                                                   417

 1           service providers, as well as appropriate 

 2           11.7 million for the 87 providers who 

 3           received significant cuts in the most recent 

 4           round of awards.  Over the three-year course 

 5           of those contracts, these legacy providers 

 6           stand to lose 35.1 million.  New York's crime 

 7           victims will bear the brunt of these costs.  

 8                  These are certainly described more in 

 9           our written testimony.  I will leave it at 

10           that.  Thank you.

11                  CHAIRWOMAN WEINSTEIN:  Thank you.  

12                  Empire Justice.

13                  MS. SICILIA:  Hello.  My name is 

14           Emilia Sicilia, and I'm a managing attorney 

15           at the Empire Justice Center.  I want to 

16           thank Chairs Krueger, Weinstein, the 

17           committee chairs, and other members here 

18           today.

19                  The Empire Justice Center is a 

20           nonprofit law firm that seeks to make the law 

21           work for all New Yorkers, especially those 

22           who need it the most.  We teach the law by 

23           providing training, support, and technical 

24           assistance; we practice the law by providing 


                                                                   418

 1           direct civil legal assistance and undertaking 

 2           impact litigation; and we change the law by 

 3           engaging in policy analysis, research, and  

 4           advocacy.

 5                  Support for human services has never 

 6           been more essential.  As we work to recover 

 7           from the pandemic, we must strengthen access 

 8           to healthcare and other benefits and address 

 9           the disparities laid bare.  We must also 

10           prepare thoughtfully for coming changes, 

11           including the end of the public health 

12           emergency and the expansion of the 

13           Medicare Savings Program.

14                  Our written testimony includes more 

15           details about the following priorities.  For 

16           public benefits, the need to increase the 

17           basic needs grant amounts, the need to 

18           address skimming of public benefits, and the 

19           need to expand and improve the rental 

20           supplement program.  

21                  The need to increase the shelter 

22           allowances for households with children.  

23           OTDA has not updated the shelter allowance 

24           schedule since 2003, even though rents have 


                                                                   419

 1           doubled since then.  For households without 

 2           children, OTDA has not increased the shelter 

 3           allowance since 1988, but rents have tripled 

 4           in the last 35 years.

 5                  The opportunity to support children 

 6           who have lost parents and family members 

 7           caring for these children by establishing a 

 8           kinship legal network pilot program.  

 9                  The need to increase funding for the 

10           Managed Care Consumer Assistance Program -- 

11           notably, to be prepared to respond to the 

12           expansion of the Medicare Savings Program.  

13                  The importance of maintaining funding 

14           of $35 million for OTDA's Emergency Rental 

15           Assistance Program, which provides legal 

16           representation to low-income renters outside 

17           of New York City facing eviction, and where 

18           there's no right to counsel.

19                  I'd like to spend the rest of my 

20           allotted time discussing the need to increase 

21           funding for the Disability Advocacy Program, 

22           known as DAP.  This year marks the 

23           40th anniversary of DAP, which was created by 

24           this Legislature in 1983.  And for four 


                                                                   420

 1           decades, DAP has been providing civil legal 

 2           assistance to low-income disabled New Yorkers 

 3           denied or cut off from their federal 

 4           disability benefits -- Supplemental Security 

 5           Income, known as SSI, or SSD, Social Security 

 6           Disability.

 7                  DAP services help stabilize people's 

 8           income, which in turn helps to stabilize 

 9           health, housing, and quality of life overall.  

10           And for every dollar invested in DAP, at 

11           least $2 is generated to the benefit of 

12           New York State and local governments in the 

13           form of public assistance costs avoided and 

14           in money spent in local economies.

15                  The disability appeals process is 

16           complex and becoming increasingly more 

17           challenging.  Financial issues, homelessness, 

18           inadequate healthcare, and sometimes the very 

19           symptoms of the disability often make it 

20           exceedingly difficult to gather the evidence 

21           needed for a claim.

22                  CHAIRWOMAN WEINSTEIN:  Thank you.

23                  MS. SICILIA:  Thank you.

24                  CHAIRWOMAN WEINSTEIN:  Schuyler 


                                                                   421

 1           Center.  

 2                  MS. HILL:  Yeah, hi.  Good evening, 

 3           and thank you to the chairs and members of 

 4           the respective committees for the opportunity 

 5           to present our testimony.  

 6                  My name is Dede Hill, and I'm policy 

 7           director at the Schuyler Center.  For more 

 8           than 150 years we have been advocating for 

 9           policies that strengthen and improve public 

10           systems that serve low-income and 

11           disenfranchised New Yorkers, with a real 

12           focus on children and families.

13                  I'll begin with a general observation 

14           about this Executive Budget.  While it 

15           includes some important investments to 

16           improve child and family well-being -- absent 

17           our key poverty-reducing proposals -- also 

18           missing are the significant sustained 

19           investments that are truly needed for 

20           New York's child-serving systems, which have 

21           been chronically underresourced for many 

22           years.  But there is time and we think real 

23           opportunity to craft a final enacted budget 

24           that centers New York children and families.  


                                                                   422

 1                  First, I want to talk about childcare.  

 2           We welcome and support the Executive Budget 

 3           proposals to continue expanding 

 4           income-eligibility levels for childcare 

 5           assistance and cutting copays, and the 

 6           proposals to break down unnecessary and 

 7           burdensome administrative barriers.  

 8                  However, these expansions will be 

 9           meaningless if New York does not act quickly 

10           to halt the exodus of the workforce.  And you 

11           have heard this many times already today, but 

12           it's worth repeating:  What the workforce 

13           needs is an investment of $1 billion this 

14           year, and that will support a wage supplement 

15           of $12,500 per member of the workforce.  

16           Nothing less will stop the exodus.

17                  The Governor has proposed 

18           $389 million.  This is a good step, but it is 

19           not enough.  We need $1 billion.  

20                  And further, to be effective, the 

21           supplement must continue until New York has 

22           transitioned to a new provider-reimbursement 

23           model and pay scale.  Providers simply cannot 

24           retain staff or recruit new staff with a 


                                                                   423

 1           small one-time bump in pay.

 2                  Also missing from the Executive Budget 

 3           is an expansion of childcare assistance to 

 4           children currently excluded due solely to 

 5           their immigration status.  Among those 

 6           children who are excluded currently are many 

 7           children who are lawfully present.  Many of 

 8           the children who are here seeking asylum are 

 9           among that group who are excluded.  New York 

10           should end this exclusion immediately.

11                  Other missed opportunities:  New York 

12           is overdue to increase the monthly 

13           foster-care housing subsidy and index it to 

14           inflation.  We haven't changed that housing 

15           subsidy since 1988.

16                  CHAIRWOMAN WEINSTEIN:  Thank you.

17                  SAGE?

18                  MR. OKMA:  Good evening.  My name is 

19           MJ Okma, with SAGE.  

20                  SAGE has been serving LGBTQ+ and 

21           HIV-affected older New Yorkers for over 

22           four decades, providing comprehensive social 

23           services and community-building programming 

24           through a network of LGBTQ+-welcoming older 


                                                                   424

 1           adult centers across New York City.  We are 

 2           also the on-site service provider of the 

 3           state's first LGBTQ-affirming elder housing 

 4           developments and run the statewide SAGE 

 5           Veterans Program.

 6                  As they age and need more assistance 

 7           and care, LGBTQ+ and HIV-affected elders have 

 8           fewer biological family caregivers than older 

 9           people in general.  Because of thin support 

10           networks, they are more likely to rely more 

11           heavily on community service providers, yet 

12           they're often distrustful of providers after 

13           facing a long history of stigma and 

14           compounding discrimination.

15                  For many of these elders in New York, 

16           SAGE is their lifeline.  It is because of 

17           them I'm here today, respectfully asking for 

18           your support in the fiscal year '24 budget 

19           for restoration of our programming.  This 

20           includes restoration of 300,000 to support 

21           LGBTQ+ residents and community members in and 

22           around New York State's first 

23           LGBTQ+-welcoming affordable elder housing 

24           developments; a restoration of 150,000 to 


                                                                   425

 1           increase our multilingual programming 

 2           services; a restoration of fiscal year '22 

 3           levels of funding of 260,000 for SAGEVets, 

 4           after receiving a smaller designation last 

 5           fiscal year; and, finally, a new funding 

 6           designation of 150,000 to help meet the 

 7           growing demand for services among 

 8           HIV-affected older people across the state 

 9           through the expansion of our SAGEPositive 

10           program.

11                  With the support of the New York 

12           Legislature, SAGE has been able to evolve and 

13           expand to best address the widespread 

14           disparities facing LGBTQ+ New Yorkers.  SAGE 

15           has redesigned our program and service 

16           delivery models to provide a variety of 

17           in-person, virtual, and hybrid options.  This 

18           helps draw elders in for in-person services 

19           while addressing the direct needs of 

20           homebound elders, those with mobility 

21           challenges, those with caregiving and work 

22           responsibilities, and those elders who have 

23           health concerns about returning to in-person 

24           programs and services.


                                                                   426

 1                  As noted, SAGE works with prominent 

 2           developers to directly address the housing 

 3           insecurity experienced by many LGBTQ+ elders, 

 4           by building the first LGBTQ+-welcoming 

 5           affordable elder housing developments.  Here 

 6           we provide on-site services to residents and 

 7           surrounding community members, including 

 8           programming, wellness checks, a food pantry, 

 9           grocery delivery, and coordinated care with 

10           other providers.  We have also expanded our 

11           multilingual programming into Spanish, 

12           Mandarin, and Cantonese.

13                  Utilizing state funding and the 

14           momentum of the passage of the Restoration of 

15           Honor Act, our SAGEVets program helps older 

16           LGBTQ+ veterans navigate the VA to get the 

17           benefits they deserve, aiding in their 

18           overall health and wellness and providing 

19           referrals to counsel for discharge status 

20           upgrades.  SAGE provides this life-changing 

21           support while saving New York significant 

22           amounts of funding by ensuring veterans 

23           access all their federal benefits instead of 

24           relying solely on state programs to address 


                                                                   427

 1           their housing and healthcare needs.

 2                  SAGE respectfully requests for the 

 3           restoration of our funding to continue this 

 4           vital work.  We also request the new funding 

 5           designation to replicate the success of the 

 6           SAGEVets program and similarly provide 

 7           statewide support for older New Yorkers 

 8           living with HIV through the expansion of our 

 9           SAGEPositive program.

10                  Thank you so much.

11                  CHAIRWOMAN WEINSTEIN:  Thank you.

12                  Supportive Housing Network of 

13           New York.

14                  MR. PIASECKI:  Hi, everyone.  I'm 

15           Steve Piasecki, with the Supportive Housing 

16           Network of New York.  And thank you, 

17           Chairs Krueger and Weinstein and all the 

18           members of the committee, for this 

19           opportunity to thank you for a bunch of other 

20           stuff, to start with.  

21                  The Governor's budget has really got 

22           lots of bright new, shiny new things for 

23           supportive housing.  I'll focus on the ESSHI 

24           program that we've been working on for the 


                                                                   428

 1           past decade or so.  

 2                  But now, Year 7, I'm happy to report 

 3           that (a) the funding for ongoing services and 

 4           operations for the existing ESSHI units that 

 5           are up and running -- which are now over 7400 

 6           in total -- meeting the Governor's obligation 

 7           for that supportive housing plan, is fully 

 8           funded in the OTDA budget.  So that is 

 9           excellent news for us.  

10                  We're happy that the recommitment for 

11           the Affordable Housing Fund last year in the 

12           HCR budget is present, and that will help us 

13           build the next 1400 units worth of supportive 

14           housing.  

15                  We're also happy for the new 

16           initiative around the mental health housing 

17           in the OMH budget.  

18                  But really what I'm here today to talk 

19           about is our legacy programs, or the first 

20           generation of supportive housing, that have 

21           gone underfunded to an extent that dwarfs 

22           imagination -- in particular, the NYSSHP 

23           funding program.  

24                  NYSSHP, the New York State Supportive 


                                                                   429

 1           Housing Program, has been around for almost 

 2           30 years.  It funds a little bit of services 

 3           in a lot of different supportive housing 

 4           programs, about 20,000 units statewide.  Half 

 5           of them are a joint project with New York 

 6           City DHS, and the other half are spread all 

 7           around the state.  They serve individuals and 

 8           families at this point.  The families were 

 9           added in 2002.  

10                  These programs are funded at about 

11           1/10 of the rate of the funding that the 

12           ESSHI program has -- maybe $2400 to $3500 per 

13           unit per year, as compared with $25,000 for 

14           ESSHI.  So we're really looking to fix that.  

15           The total price tag to fix it, to be honest 

16           with you, would be about a little less than 

17           $150 million.  

18                  But we're also looking for a technical 

19           fix, as many others are.  For some reason, 

20           even though this program funds strictly 

21           staffing that provide direct services to 

22           homeless people in supportive housing, it has 

23           never been in the COLA, so it didn't receive 

24           the 5.4 percent last year like many of my 


                                                                   430

 1           colleagues have already talked about.  

 2                  And once again, we really need to have 

 3           that added as an ongoing program to the COLA 

 4           legislation that is being proposed this year, 

 5           and carried forward in the future, as another 

 6           means to catch up.

 7                  We're also advocating for additional 

 8           funding to support the state's Preservation 

 9           Plan that was funded last year.  It's sort of 

10           the same thing -- there is just not enough 

11           support for programs that really need to be 

12           physically rehabilitated without expanding 

13           the services.

14                  Thank you.

15                  CHAIRWOMAN WEINSTEIN:  Thank you.

16                  New York Association of Training and 

17           Employment.

18                  MS. MACK:  Hi.  Good evening, 

19           everyone.  Let me know if you can't hear me.  

20           Thank you for allowing me the opportunity to 

21           testify again this year.  I always appreciate 

22           the chance to share with you what our members 

23           care about.  

24                  My name is Melinda Mack.  I am the 


                                                                   431

 1           executive director at NYATEP, which is the 

 2           statewide workforce development association 

 3           representing the education, job training and 

 4           employment providers across New York State.

 5                  As I'm sure you are speaking to folks 

 6           in your districts, you're hearing that people 

 7           just don't want to work and people should 

 8           just go out and get a job.  I'm here to tell 

 9           you that over the last decade our labor force 

10           participation rate has begun to slide, and 

11           it's been happening long before COVID.  

12                  And it's predominantly due to 

13           retirements, lack of birth rate -- sort of, 

14           you know, folks don't have 10 kids, like they 

15           used to -- and also the challenges we're 

16           having around educational attainment across 

17           New York as well as, you know, low-wage work.  

18           You're hearing about some of it today.  Some 

19           of it is grossly underpaid, and in many ways 

20           it's something that we absolutely need to 

21           rectify if we're going to recruit and retain 

22           folks.

23                  In our last four annual State of the 

24           Workforce Development reports we basically 


                                                                   432

 1           laid out the fact that the vast majority of 

 2           jobs in New York are low-wage work.  In fact, 

 3           2 million jobs from the top 10 largest 

 4           occupational groups pay less than a living 

 5           wage.  

 6                  In addition to that, when you take 

 7           those two points between low-wage work and 

 8           the fact that 36 percent of our population 

 9           has a high school diploma or less, we 

10           understand why we're not getting more folks 

11           into good or better jobs.

12                  One of the challenges we have 

13           identified as a major hurdle that keeps 

14           low-income New Yorkers not able to access 

15           economic mobility is the benefits cliff.  And 

16           the benefits cliff, for those who are 

17           unaware, is a sudden or gradual loss of your 

18           benefits because you took a job, because you 

19           decided to go into an apprenticeship program 

20           that gave you a wage, because you are taking 

21           a subsidized job training program.  A lot of 

22           folks make the decision not to participate 

23           because they will lose their benefits 

24           immediately.


                                                                   433

 1                  Thankfully, both the Governor and the 

 2           Legislature have put forth proposals to 

 3           support a six-month income disregard.  We are 

 4           fully supportive of that income disregard and 

 5           thank the leadership here that has supported 

 6           that on our behalf.  

 7                  In addition to that, you already heard 

 8           earlier that the Office of Strategic 

 9           Workforce Development at Empire State 

10           Development has also provided support to many 

11           community-based organizations on the ground.  

12           This year in the Governor's budget the 

13           Governor, despite saying they support 

14           workforce, it provided zero dollars.  There's 

15           no money going to ESD this year for the 

16           Office of Strategic Workforce Development.  

17                  That's a problem because without job 

18           training, again, that 36 percent of 

19           New Yorkers who have a high school diploma or 

20           less will not be accessing good or better 

21           jobs.

22                  Thank you.

23                  CHAIRWOMAN WEINSTEIN:  Thank you.

24                  Assemblyman Eachus.


                                                                   434

 1                  ASSEMBLYMAN EACHUS:  Thank you again, 

 2           Ms. Chair. 

 3                  Joan, I'm going to pile on here a 

 4           little bit of stuff.  Your call for an 

 5           increase in wages and benefits is absolutely 

 6           important, because domestic violence is 

 7           generational.  It gets passed from one 

 8           generation down to the next, down to the 

 9           next.  And when you're talking about that, 

10           you're sometimes talking about parents to 

11           many children.  

12                  And we've seen this with the increase 

13           in teen violence, with relationships, and 

14           that's something that we need to stop now, as 

15           it may be.

16                  I'm going to do a little dirt here and 

17           do a little PR for a program that I have 

18           locally.  It's called FEARLESS.  It used to 

19           be called formerly Safe Homes.  My wife 

20           worked for it for years as a volunteer, but 

21           they do have professionals that are paid 

22           there.  But they do function a lot on the 

23           volunteers.  

24                  And I encourage anybody who can avail 


                                                                   435

 1           themselves to it to see what's called their 

 2           T-Shirt Project.  It is hundreds upon 

 3           hundreds of T-shirts from folks who were 

 4           affected by this domestic violence.  And you 

 5           should take the opportunity to view that if 

 6           you can.  Thank you.

 7                  CHAIRWOMAN WEINSTEIN:  Senate?

 8                  CHAIRWOMAN KRUEGER:  Senator Jabari 

 9           Brisport.

10                  SENATOR BRISPORT:  Thank you, 

11           Madam Chair.  

12                  And thank you all for being here and 

13           your testimonies.  I have questions for SAGE 

14           and for Schuyler Center.  

15                  For SAGE, I just want to express my 

16           gratitude.  You do incredible work in my 

17           district in Fort Greene.  I actually just 

18           feel guilty that others don't have a SAGE to 

19           help out their LGBTQ+ seniors.

20                  I'm just curious, in any of your 

21           analysis, if you have a way to share a sense 

22           of like the need throughout this state, like 

23           if you have any numbers of how many LGBTQ+ 

24           seniors are not being served at the moment.


                                                                   436

 1                  MR. OKMA:  I will say that it's really 

 2           hard to get adequate data about this 

 3           population, so there isn't a good number of 

 4           how much.

 5                  We have data that says that there is 

 6           everywhere from 250,000 to like 800,000 

 7           LGBTQ+ elders in New York State.  So there's 

 8           a big disparity.  And part of that is we 

 9           really do need more sexual orientation and 

10           gender identity data collected on all places 

11           where demographic data's collected, to get a 

12           sense of how big this population is.

13                  I will stress, though, specifically 

14           with the new funding designation that we're 

15           asking for SAGEPositive, is that we do have 

16           data that shows that by 2030, 72 percent of 

17           New Yorkers living with HIV will be over the 

18           age of 50.  And quite frankly, the state just 

19           is not adequately prepared to make sure that 

20           we're serving that population.

21                  SENATOR BRISPORT:  Thank you.  So we 

22           have a long way to go.  

23                  And for Schuyler Center, thank you for 

24           reiterating the need for workforce support.  


                                                                   437

 1                  As you know, and I just want to repeat 

 2           it for everyone here, the Executive Budget is 

 3           once again attempting to stabilize the sector 

 4           by doing -- using one-time federal funds.  

 5           And I'm just curious if you've heard in your 

 6           advocacy from any providers anywhere if 

 7           they've used this one-time limited infusion 

 8           to create long-term wage increases.  

 9                  MS. HILL:  No, I have not heard that.

10                  What I can say is that what we heard 

11           from providers who received the first round 

12           of stabilization, and the second round, where 

13           they had -- they could use those funds in a 

14           real broad variety of ways, they used almost 

15           all of it for workforce.  I mean, that is the 

16           number-one issue.  And they've poured it all 

17           into workforce, and they're still losing 

18           workforce every day.  It's not enough.

19                  SENATOR BRISPORT:  Thank you.

20                  CHAIRWOMAN KRUEGER:  Assembly.

21                  CHAIRWOMAN WEINSTEIN:  Assemblyman 

22           Burdick.  

23                  (Pause.)

24                  CHAIRWOMAN KRUEGER:  Is he here?


                                                                   438

 1                  CHAIRWOMAN WEINSTEIN:  He left.

 2                  CHAIRWOMAN KRUEGER:  I don't see him.

 3                  CHAIRWOMAN WEINSTEIN:  So the Senate.

 4                  CHAIRWOMAN KRUEGER:  Oh, okay.  We 

 5           have Senator Murray.

 6                  SENATOR MURRAY:  Thank you, Chair.

 7                  And thank you all for being here.  

 8                  I'd like to ask Ms. Mack a couple of 

 9           things.  

10                  First, when we talked about the 

11           benefit cliff and you talked about holding on 

12           to the benefits for six months, we're just 

13           looking for a little clarification.  Were you 

14           talking about the benefits they currently 

15           have with the state, or would it be 

16           transitioning to the benefits they would have 

17           when they go?  

18                  MS. MACK:  Yeah, so the benefit cliff 

19           is really around losing your public benefits, 

20           so the public assistance that you're already 

21           receiving.

22                  What we find is that again, even with 

23           the Summer Youth Employment Program, it was 

24           again the Legislature that really helped us 


                                                                   439

 1           out, because we had young adults who were 

 2           unwilling to participate in SYEP because, if 

 3           they did, that couple hundred bucks they'd 

 4           earn over the summer, it would likely kick 

 5           their family off of public assistance.  

 6                  It makes no sense for us to keep 

 7           people poor, especially folks who are trying 

 8           to do all of the right things to get out of 

 9           poverty.

10                  SENATOR MURRAY:  Right.  I wanted to 

11           talk also about when we talk about the 

12           different types of jobs, I've spoken to many 

13           manufacturers who are saying their number-one 

14           problem -- it's not taxes, not 

15           infrastructure -- they can't find a trained 

16           workforce.  

17                  Are we investing enough in BOCES, 

18           CTE programs, things like this?

19                  MS. MACK:  Absolutely not.  

20                  And again, in the Governor's infinite 

21           wisdom she opened this new office of 

22           Strategic Workforce Investment, but they are 

23           providing zero dollars, zero flexible 

24           dollars for workforce development this year.  


                                                                   440

 1                  So the vast majority of workforce 

 2           development funding is federal funding that 

 3           has very specific requirements in terms of 

 4           how you can spend it.  

 5                  We need to meet people where they're 

 6           at.  Again, everybody who is available to 

 7           work should be able to get a good job in 

 8           New York, and we have great programs that are 

 9           not being attended because people can't cover 

10           the cost of their childcare, because they 

11           can't cover transportation, they don't have a 

12           car, they don't have a driver's license.  

13                  Think of all the places in your 

14           district that you need to get to with a car.  

15           And I lived in Brooklyn for a while -- try to 

16           get to Kingsborough without a car.  

17                  (Laughter.)

18                  MS. MACK:  It will take you the whole 

19           day.

20                  SENATOR MURRAY:  And I was also going 

21           to ask, when you mentioned -- so you 

22           mentioned childcare, you talked about the 

23           workforce and reasons that people aren't 

24           getting back into the workforce.  How big of 


                                                                   441

 1           a problem is the childcare issue?  

 2                  MS. MACK:  It's one of the number-one 

 3           issues.  Childcare, transportation, 

 4           workforce, housing.  So, you know, affordable 

 5           rents, but then also, again, this benefits 

 6           cliff.  

 7                  The vast majority of people who are 

 8           underutilized are either utilizing public 

 9           assistance or have low basic educational 

10           skills and often can't step away from the 

11           low-wage job they have for job training.  

12                  SENATOR MURRAY:  Thank you very much.

13                  CHAIRWOMAN KRUEGER:  Assembly.

14                  CHAIRWOMAN WEINSTEIN:  Assemblyman 

15           Burdick.

16                  ASSEMBLYMAN BURDICK:  Thank you.  

17                  This is a question for Joan Gerhardt.  

18           And I first want to apologize for not being 

19           here at the time of your testimony, but I did 

20           read it.

21                  And I'm wondering if you could explain 

22           more fully what you have experienced or what 

23           agencies have experienced with respect to the 

24           loss of funding, these legacy agencies that 


                                                                   442

 1           have been handling victim services for quite 

 2           some time and I think were just totally 

 3           shocked that they didn't get the funding 

 4           levels that they had before -- actually, at a 

 5           time when Linda Rosenthal and I thought that 

 6           we had gotten the money into the budget that 

 7           we thought would do the trick so that those 

 8           agencies would not sustain some drastic cuts 

 9           in funding.  

10                  What was the outcome?  I mean, what 

11           have you heard?  Have victims been turned 

12           away?  Have staff been cut?  Can you describe 

13           a little bit what those outcomes have been?  

14                  MS. GERHARDT:   Absolutely, and thank 

15           you for the question.

16                  It's been devastating.  It's really 

17           been devastating for those 87 programs.  

18           We've heard of vacant positions.  You know, 

19           we've heard of layoffs.  We've heard of job 

20           postings that have been pulled back because 

21           they can't offer the position any longer.  

22                  For the legal service organizations 

23           that are included in that mix, we've heard 

24           that they've been unable to take on new 


                                                                   443

 1           clients because they are ethically required 

 2           to be able to follow that client through the 

 3           end of their proceeding.  And with those 

 4           cuts, they're not sure how long those 

 5           employees will still be in their rolls.

 6                  So yeah, it's $11.7 million to the 

 7           state's infrastructure, this critical 

 8           infrastructure of victim service providers.  

 9           And like you said, we thought we had dealt 

10           with this in last year's budget, but 

11           unfortunately, with OVS's recent round of 

12           awards for these 87 programs, we didn't 

13           resolve anything.  So I think it's a dramatic 

14           impact.

15                  ASSEMBLYMAN BURDICK:  Well, thank you 

16           for that.  

17                  And, you know, we will try to see what 

18           we can do, because I think that the Executive 

19           just wasn't aware.  Some may take a cynical 

20           view; I don't.  I think that they just didn't 

21           realize that it wasn't enough to go up by 

22           14.4 million, because the whole process of 

23           the competitive bidding that was required by 

24           the Comptroller resulted in new agencies -- 


                                                                   444

 1           which I'm sure are doing a good job scoring 

 2           very high for the desert areas.  

 3                  And so we're going to work very hard 

 4           to try to get the funding in for the legacy 

 5           agencies.

 6                  MS. GERHARDT:   I appreciate that.

 7                  ASSEMBLYMAN BURDICK:  Thanks for your 

 8           work.

 9                  MS. GERHARDT:   Thank you.

10                  CHAIRWOMAN KRUEGER:  Thank you.

11                  CHAIRWOMAN WEINSTEIN:  Senate?

12                  CHAIRWOMAN KRUEGER:  Excuse me.  

13           Senator Jessica Scarcello-Stanton -- I'm 

14           going to get it right, I promise, yes. 

15                  (Laughter.)

16                  SENATOR SCARCELLA-SPANTON:  I know, 

17           it's a tough name.  It's Jessica 

18           Scarcella-Spanton.

19                  Hi.  My question is for you, Joan.  I 

20           just wanted to thank you for the work that 

21           you're doing.  

22                  I know that incidents of domestic 

23           violence have gone up significantly from the 

24           pandemic.  How are you balancing the uptick 


                                                                   445

 1           in domestic violence cases?  

 2                  And I also want to say I think you're 

 3           doing a really wonderful job highlighting 

 4           different kinds of abuse.  We often talk 

 5           about physical abuse.  I'm happy to see that 

 6           you're highlighting stalking, emotional 

 7           abuse -- there's all sorts of abuse which 

 8           you're talking about, which I also imagine 

 9           results in more cases for you.

10                  So how are you balancing an uptick in 

11           caseload with a loss of workforce, especially 

12           given that they can't afford it, is the first 

13           part of my question.  

14                  My second part of my question is I 

15           think domestic violence victims often have a 

16           hard time trusting people.  So if a domestic 

17           violence victim is working with a certain 

18           caseworker or an advocate, and then through 

19           that process they lose that advocate, how 

20           does that impact the progression of the case?  

21           Which we know a lot of times victims of 

22           domestic violence tend to take -- I believe 

23           it's eight times before they finally go.  So 

24           how does that impact the case?


                                                                   446

 1                  MS. GERHARDT:   Great.  I don't think 

 2           we are balancing that difficulty between the 

 3           increased demand and the loss of -- the 

 4           increase in job vacancies.  I think it's 

 5           every program in the state -- there's 

 6           100 programs with about 250 facilities that 

 7           they operate -- is struggling with this, 

 8           whether they received cuts or whether they, 

 9           you know, are maintained.  It's a case by 

10           case.  

11                  And I want to point out, too, it's not 

12           just the increase in numbers of requests for 

13           service, it's the lethality that's connected 

14           to those requests.  Because what we're 

15           hearing as well is not only the increase in 

16           number, but they're much more volatile 

17           incidents.  

18                  So I agree with you, it's not just 

19           physical violence, but of the individuals who 

20           are in that circumstance, the lethality 

21           factors are very, very high.  So I agree with 

22           you there.  

23                  And I would say we need more help.  

24           We're not balancing it well.  And victims are 


                                                                   447

 1           going to be the ones who bear the brunt of 

 2           that.

 3                  And I forget your second question, I'm 

 4           sorry.  

 5                  SENATOR SCARCELLA-SPANTON:  Oh, my 

 6           second question was, you know, if -- because 

 7           of the lack of COLA increases, because of the 

 8           lack of a pay raise, if a victim is working 

 9           with an advocate -- I think a lot of times it 

10           takes a victim of domestic violence a while 

11           to actually trust who they're confiding in 

12           and who they're working with.  It's -- like I 

13           said before, it can take up to eight times 

14           for a victim to leave before they finally 

15           actually leave.  

16                  So if you lose an advocate while 

17           you're in the middle of working with a 

18           victim, how does that impact the progression 

19           of some of your case -- of your caseloads?

20                  MS. GERHARDT:   Thank you.  

21                  Often they won't come back for 

22           services.  So if they're working closely with 

23           an advocate and they've developed a 

24           relationship and that advocate for whatever 


                                                                   448

 1           reason is no longer there, that could be 

 2           enough for them to say, You know what, I 

 3           didn't get the assistance I needed, I don't 

 4           want to start over again.  

 5                  And I think that is one of the issues:  

 6           We ask survivors over and over and over again 

 7           to tell their story, which is very 

 8           re-traumatizing.

 9                  SENATOR SCARCELLA-SPANTON:  

10           Absolutely.  Thank you so much.  

11                  CHAIRWOMAN KRUEGER:  Thank you.

12                  CHAIRWOMAN WEINSTEIN:  Thank you.

13                  No more Assemblymembers.  Any 

14           Senators?

15                  CHAIRWOMAN KRUEGER:  Okay, we have 

16           Senator Cordell Cleare.

17                  SENATOR CLEARE:  Thank you, everyone, 

18           for your testimony.  

19                  I just -- you know, you all do a 

20           fantastic job of talking really fast --

21                  (Laughter.)

22                  SENATOR CLEARE:  -- so I missed a few 

23           things a little bit.  

24                  And SAGE, you know, I'm a fan of your 


                                                                   449

 1           work and you're also in my district, so I 

 2           feel really lucky to have you there.  You 

 3           said $300,000 for housing and then I think 

 4           there's some -- $150,000 for HIV-impacted 

 5           older people.  But I missed the other 150.

 6                  MR. OKMA:  Yeah, of course.  Thank you 

 7           so much.

 8                  The restoration of 150,000 to support 

 9           our multilingual programs and services.  

10           So we currently offer programs and services 

11           in English, Spanish, Cantonese, and Mandarin.  

12           And the support of the Legislature really 

13           helps us provide that, and we'd love to 

14           expand for more language options as well.  

15                  And then the other designation was for 

16           our SAGE --

17                  SENATOR CLEARE:  250,000.

18                  MR. OKMA:  260 for SAGEVets.  And I 

19           will say that that is fiscal year '22 funding 

20           levels -- we saw a reduction last fiscal 

21           year, where we got 150,000 -- and we saw a 

22           really big impact in what we were able to do 

23           specifically in being able to partner with 

24           more providers and affiliates outside of 


                                                                   450

 1           New York City to make sure that we provide 

 2           the service.  

 3                  It is the only program that 

 4           specifically serves LGBTQ+ older veterans, 

 5           and we would really like to see it restored 

 6           back to those fiscal year '22 levels.

 7                  SENATOR CLEARE:  Thank you so much.  

 8                  I'm sorry, I don't know your -- could 

 9           you tell me about the DAP program?  

10                  MS. SICILIA:  Yes.  

11                  SENATOR CLEARE:  Yeah.

12                  MS. SICILIA:  Yes.  From Empire 

13           Justice, Emilia Sicilia.

14                  SENATOR CLEARE:  I wanted to hear a 

15           little bit -- you went down a little bit and 

16           I didn't hear everything.

17                  MS. SICILIA:  Thank you for -- I'm 

18           happy to talk at length about DAP.

19                  (Laughter.)

20                  MS. SICILIA:  So we in the DAP program 

21           are facing many obstacles in helping our 

22           clients overcome many of the hurdles that 

23           they're facing.  And they've been compounded 

24           by the pandemic and compounded by the 


                                                                   451

 1           difficulties at the Social Security 

 2           Administration with severe understaffing that 

 3           has resulted in a lot of difficulty in our 

 4           clients accessing those services.  

 5                  So although --

 6                  SENATOR CLEARE:  Just tell me what DAP 

 7           was for, because the {inaudible} -- 

 8                  MS. SICILIA:  Excuse me?

 9                  SENATOR CLEARE:  DAP, what is that?

10                  MS. SICILIA:  Oh, DAP is the 

11           Disability Advocacy Program.  

12                  SENATOR CLEARE:  Oh, okay.

13                  MS. SICILIA:  So we're assisting 

14           individuals who have been denied benefits and 

15           representing them in their appeals.  

16                  And so we are -- it is a -- the 

17           appeals process is really difficult, lasts a 

18           long time.  And at this moment we're 

19           really -- we're addressing a lot of 

20           COVID-related obstacles due to closures of 

21           Social Security.  They were closed for two 

22           years and reopened with real severe 

23           understaffing.  

24                  And we also are representing many 


                                                                   452

 1           people with Long COVID claims.  That's 

 2           something that is amounting to new 

 3           challenges, in that it's not very well 

 4           understood.  Those claims present a lot of 

 5           difficulty also in obtaining the evidence 

 6           that's required.  And again, there's just a 

 7           lot of access issues for our clients.  

 8                  And so although we've -- we're really 

 9           grateful for the executive funding increase 

10           last year, we really do need the Legislature 

11           to restore the $3 million add-on in order to 

12           continue to meet the current demands that 

13           have been compounded -- presented by the 

14           pandemic.

15                  SENATOR CLEARE:  Thank you.

16                  MS. SICILIA:  Sure.

17                  CHAIRWOMAN KRUEGER:  Okay.

18                  Senator Rolison.

19                  SENATOR ROLISON:  Thank you, Chair.

20                  This question is for Ms. Gerhardt.  

21                  There was a time when crime victims 

22           were essentially voiceless -- and I'm going 

23           back many years, as a retired police officer 

24           of 26 years.  And there was the term "crime 


                                                                   453

 1           victim-centered approach," which we were all 

 2           trained in and we needed to really do more 

 3           for the victims.  And this was through the 

 4           entire system.  And systems were put in 

 5           place, money was allocated, groups got 

 6           together, we collaborated, we weren't in 

 7           silos because it was about the crime victim.  

 8                  In the Executive Budget there is 

 9           additional money for DCJS in a variety of 

10           areas that are important.  There is a small 

11           increase, I think, in the Crime Victim 

12           Compensation Fund, probably -- definitely not 

13           enough.  But now we're hearing from you, 

14           we've heard this from others in other 

15           hearings and other testimony, where we're 

16           stagnant and we're going backwards in the 

17           area of domestic violence and crime victim 

18           services.  

19                  And speaking with my colleague from 

20           the Assembly, I think we're talking a little 

21           over $11 million.  Is that the number, what 

22           needs to be restored, reallocated, or 

23           increased to make sure, as we've heard from 

24           all of the members of the Legislature today 


                                                                   454

 1           about the importance of having those 

 2           advocates, having people you can go to, even 

 3           creating places that -- where every service 

 4           was brought together so you weren't going 

 5           from one place to another, because people 

 6           wouldn't go.  Or they'd go to the first step 

 7           and they wouldn't go to the second or to the 

 8           third.

 9                  I'd like to take the position, too, as 

10           my colleague, that maybe this is an 

11           oversight.  Because if you think about the 

12           money that's committed in DCJS and other 

13           agencies related to public safety, that's not 

14           a whole heck of a lot of money, in my 

15           estimation.  And I hope that when this budget 

16           is debated and people work together to try to 

17           create some changes, that will be one of 

18           them.

19                  I'd like to be helpful to the extent 

20           that I can.  But I realize, as a freshman 

21           Senator, I won't have probably those 

22           opportunities other than to advocate for you.  

23           But we're going backwards.  We've made a lot 

24           of strides, and now here we are in 2023 and 


                                                                   455

 1           it sounds like we're talking about what we 

 2           were talking about in the '80s and in the 

 3           early '90s when these changes were made.

 4                  MS. GERHARDT:   You know -- thank you, 

 5           Senator.  We're doing a lot of talking about 

 6           public safety and increases in crime rates, 

 7           and very little about crime victims.  Very 

 8           little about crime victims.

 9                  SENATOR ROLISON:  Right.  Because 

10           they're there no matter what the crime rate 

11           is.  Somebody is a victim.  And that is the 

12           loneliest place in the world to be if you 

13           don't have people there to help you through 

14           it.

15                  I give you all the credit in the world 

16           for what you're doing -- all of you.  Thank 

17           you.

18                  MS. GERHARDT:   Thank you.

19                  CHAIRWOMAN KRUEGER:  Thank you.

20                  I believe I'm the last Senator.  

21                  So for Stephen, Supportive Housing.  

22                  MR. PIASECKI:  Yes.

23                  CHAIRWOMAN KRUEGER:  So you described 

24           the continuing saga of the older programs 


                                                                   456

 1           getting so little reimbursements instead of 

 2           the newer ones.  

 3                  So I've been telling people for years, 

 4           just don't do the older contracts.  Move your 

 5           resources to the newer contracts.  Trust me, 

 6           the state will come up with the money rather 

 7           than have nobody provide those programs.  

 8           Because it's ridiculous that you've been 

 9           strung along like this forever and that we 

10           don't make progress on this.  So that's just 

11           my advocacy position.

12                  Shelter allowance.  Seriously, they're 

13           paying you almost less than -- a little more 

14           than half of what they're paying the newer 

15           contracts.  You're supposed to be doing the 

16           same services for --

17                  MR. PIASECKI:  It's 10 percent.

18                  CHAIRWOMAN KRUEGER:  Pardon me?

19                  MR. PIASECKI:  Ten percent of what is 

20           in the newest contracts.

21                  CHAIRWOMAN KRUEGER:  Far less.  

22                  So, you know, the punch line is 

23           apparently we think you can keep doing it 

24           because you keep doing it.  So stop doing it.


                                                                   457

 1                  MR. PIASECKI:  Well, some of -- 

 2           there's been some erosion.  There's certainly 

 3           erosion in the physical plants of many of the 

 4           early supportive housing buildings.  

 5                  And that's why last year you guys were 

 6           gracious enough to create the Preservation 

 7           Program.

 8                  CHAIRWOMAN KRUEGER:  Because you know 

 9           what, we're desperate for supportive housing.

10                  MR. PIASECKI:  Yeah.

11                  CHAIRWOMAN KRUEGER:  No one's letting 

12           those really go.  You just have to -- we're 

13           playing a game of chicken, and -- if I'm the 

14           government in this conversation, and we're 

15           winning.  And that's wrong, in my opinion.

16                  Shelter allowance also.  How many 

17           families might not be evicted every year in 

18           New York State if we just adjusted the 

19           shelter allowance, even just for inflation?  

20                  Does anybody -- do you have any 

21           calculations on that?

22                  MS. SICILIA:  I would be happy to 

23           bring that back to my colleagues who prepared 

24           our written testimony on that point and be in 


                                                                   458

 1           touch with you with the specifics.

 2                  CHAIRWOMAN KRUEGER:  Because I'm 

 3           almost going to guarantee we are spending so 

 4           much more money on the emergency rents in 

 5           assorted programs that we're paying because 

 6           we just won't pay a realistic shelter 

 7           allowance.  

 8                  So it's -- but I would like you to --

 9                  MS. SICILIA:  We'd agree with you.

10                  CHAIRWOMAN KRUEGER:  -- get back to me 

11           with any data you have.

12                  And on domestic violence, you talked 

13           about the number -- the demand going up so 

14           much during the pandemic and post-pandemic. 

15           Are you also seeing growth in the number of 

16           victims of sex trafficking coming to you for 

17           help?  And are they eligible for the same 

18           kinds of services that your other -- 

19                  MS. GERHARDT:   Yes.  So that the pool 

20           of service providers that I've been talking 

21           about includes providers of services for 

22           trafficking victims.  

23                  I'd have to give you some more -- you 

24           know, go back and research if there's been a 


                                                                   459

 1           bump in the number of trafficking survivors 

 2           that have been provided assistance.  I'm 

 3           happy to do that.

 4                  CHAIRWOMAN KRUEGER:  Great.  I 

 5           appreciate it.

 6                  And thank you all for the very hard 

 7           work you do.  

 8                  Thank you.

 9                  CHAIRWOMAN WEINSTEIN:  Thank you.  

10           Thank you for being here with us.  And I want 

11           to echo the thank you for the work you do to 

12           help New Yorkers.

13                  MR. OKMA:  Thanks.

14                  MS. GERHARDT:   Thanks.

15                  CHAIRWOMAN WEINSTEIN:  Our last, our 

16           final panel, Panel E, Hudson Valley National 

17           Center for Veteran Reintegrating, and 

18           New York State Council of Veterans 

19           Organizations.  

20                  (Pause.)

21                  CHAIRWOMAN WEINSTEIN:  So sometimes we 

22           say we save the best for last.  Thank you 

23           both for staying with us throughout this day.  

24                  And we can go first with 


                                                                   460

 1           Hudson Valley.

 2                  MR. WALTERS:  Thank you.  My name is 

 3           Gavin Walters.  Thank you, Senate and 

 4           Assembly members, for allowing me to sit here 

 5           and represent our military community.

 6                  I sit here on behalf of the 

 7           Ulster County Dwyer Program, which is under 

 8           the Hudson Valley National Center for Veteran 

 9           Reintegration, and have the great privilege 

10           of sitting here as the facilitator of the 

11           New York State Dwyer Coalition, also known as 

12           the Joseph P. Dwyer Veteran Peer Support 

13           Project, which is officially a state program.

14                   2022 was a tremendous year for the 

15           PFC Joseph Dwyer Program because it was 

16           expanded to every county in New York State. 

17           This will allow every veteran and their 

18           family to become connected to veteran peers. 

19                  The Dwyer program has allowed 

20           servicemembers to feel equally represented, 

21           because time, duty, and length of service do 

22           not matter when you put on the uniform.  If 

23           you're homeless, let’s pay for a day or two 

24           for a hotel.  If you enjoy the outdoors, 


                                                                   461

 1           well, let us take a hike or camp out.  Equine 

 2           Encounters, Mindfulness, and groups help 

 3           continue the camaraderie that we experienced 

 4           in the service.  That is what the Dwyer 

 5           counties represent, and that is what was 

 6           brought to every county in New York State.  

 7                  Now, for every Dwyer county to be 

 8           represented, we knew a united front and a 

 9           collective body were needed.  In 

10           December 2020, the New York State Dwyer 

11           Coalition, under the Hudson Valley National 

12           Center for Veteran Reintegration, was 

13           created.  We have been meeting once a month 

14           to discuss challenges that we have seen in 

15           our communities.  Guest speakers as well as  

16           representatives from our New York State 

17           Assembly and Senate sit at the table and hear 

18           our voices.  Our open and well-represented 

19           meetings give our community a large voice.  

20                  With the support and leadership of 

21           OMH, DVS, the Dwyer Evaluation Team, and the 

22           Governor's Office, the Dwyer Coalition uses 

23           its voice to help with the collaboration to 

24           assist new counties to develop their 


                                                                   462

 1           programs.  The collaboration amongst these 

 2           departments reflects the unity that was 

 3           created within the Dwyer Coalition.   

 4                  Our importance for being at any table 

 5           means that we are being represented 

 6           collectively, as one voice, when issues may 

 7           bother us or challenges might affect us.  For 

 8           each of the counties that house a 

 9           Dwyer program, representation is very 

10           important, because every Dwyer program in 

11           their respective county is supposed to 

12           service their community uniquely and with 

13           100 percent autonomy.  Those two caveats have 

14           allowed every program to help an armed forces 

15           member that received a dishonorable or 

16           honorable discharge.   

17                  Collectively, many Dwyer programs have 

18           shared the concern of the program never 

19           receiving an increase in funding since its 

20           enactment in 2012.  The Dwyer program has 

21           evolved into peers transporting veterans, 

22           assisting with food insecurities, advocating 

23           for housing, and many more.   With inflation 

24           and the cost of living increasing, some 


                                                                   463

 1           programs have been able to offset the 

 2           additional cost with fundraising and 

 3           community generosity, which sometimes doesn't 

 4           cover the cost of many services. 

 5                  Sitting here as a Jamaican-born 

 6           immigrant that honorably served in the 

 7           U.S. Air Force and now who is a disabled 

 8           veteran with invisible wounds fighting for a 

 9           service connection, I understand the 

10           advocacy.  That is why funding the 

11           Dwyer Coalition and an increase in funding 

12           for Dwyer programs would positively impact 

13           each county.

14                  Thank you for your time.

15                  CHAIRWOMAN WEINSTEIN:  Thank you.

16                  Kirby?

17                  MR. HANNAN:  Well, don't be fooled by 

18           Gavin's title, Hudson Valley National Center 

19           for Veteran Reintegration.  That's his job, 

20           okay?  But what he does with Dwyer is he's 

21           got at least 30 to 40 counties that are 

22           participating on a weekly basis -- on a 

23           monthly basis in his furthering of -- 

24           {cellphone interruption}.  


                                                                   464

 1                  Yeah, I know.  Don't worry about it.  

 2           You know, it has to happen.  I apologize.

 3                  CHAIRWOMAN WEINSTEIN:  Okay.

 4                  MR. HANNAN:  And what he's done is 

 5           he's brought the Dwyer program to a brand-new 

 6           level.  It went from 30 counties to 

 7           60 counties.  Thank you so much, okay.  

 8                  And what is Dwyer doing now?  Every 

 9           peer-to-peer situation is something that's 

10           happening at a post level.  You don't walk 

11           into a brick building and say, I'm here to 

12           get peer-to-peer mentoring.  No, it's 

13           something that happens through a veteran's 

14           service officer, it's something that happens 

15           in a whole variety of ways.

16                  So first of all, thank you, Gavin, for 

17           bringing this.  We've been talking about this 

18           for about eight years.  And some folks here 

19           recognized the Dwyer program eight years ago 

20           in four counties -- and I won't mention what 

21           counties they were.  But nonetheless, Dwyer 

22           has now migrated to the whole state.  

23           Terrific.  All right?  

24                  Having said that, at every county 


                                                                   465

 1           there's a veteran service officer, there's 

 2           county veteran service officers, there's VFW 

 3           veteran service officers, there's DAV veteran 

 4           service officers, AMVET veteran service 

 5           officers, and Legion veteran service 

 6           officers.  The funding was just increased for 

 7           them to about $25,000, the state's share.  

 8                  But where we're going from here is 

 9           keep an eye on the veterans service officer, 

10           because not only does that person perform a 

11           claims function -- and you heard from DVS 

12           earlier today -- but that person is also a 

13           leader, a veteran leader in their community.

14                  So when we talk about veteran service 

15           officers, you've got to understand that 

16           that's also an integral part of Dwyer's 

17           peer-to-peer program.  So keep in mind 

18           funding for that.

19                  Finally, Veterans Treatment Court and 

20           the Veterans Defense Program.  Okay, you've 

21           got two pieces of that.  Veterans Treatment 

22           Court is mostly for misdemeanors, all right?  

23           I'm going to say that the Veterans Defense 

24           Program is largely felony level, all right?  


                                                                   466

 1           And the Veterans Treatment Courts need 

 2           monitors.  So funding for monitors.  If 

 3           any -- that's found in different places in 

 4           the budget, but not a lot of money.  

 5                  Okay, funding for Veterans Treatment 

 6           Court monitors is incredibly important, 

 7           because they're all volunteers.  We've heard 

 8           about volunteers today.  So when you see an 

 9           opportunity to increase the funding for 

10           Veterans Treatment Court monitors, seize on 

11           it, because it's saving the state money.

12                  And then, finally, the Veterans 

13           Defense Program, that's the last stop for a 

14           veteran who gets himself in serious trouble 

15           with the law.  And they have been -- the 

16           Veterans Defense Program has been very, very 

17           successful in pleading those down, using -- 

18           educating the court system and using the 

19           jargon in a way in which the court can 

20           understand it so that they know what kind of 

21           a veteran they're dealing with.

22                  That's it.  That's all I got.

23                  CHAIRWOMAN WEINSTEIN:  Thank --

24                  MR. HANNAN:  I do have one more thing, 


                                                                   467

 1           come to think of it.

 2                  CHAIRWOMAN WEINSTEIN:  Go ahead.

 3                  MR. HANNAN:  I have to give you guys, 

 4           everybody up there, the Hard Ass Award.

 5                  (Laughter.)

 6                  MR. HANNAN:  Yeah.

 7                  CHAIRWOMAN WEINSTEIN:  How'd you know?

 8                  (Laughter.)

 9                  MR. HANNAN:  Seriously.

10                  (Laughter.)

11                  MR. HANNAN:  You've heard it before 

12           but, you know, you people are just fantastic.  

13           And thank you very much.

14                  CHAIRWOMAN KRUEGER:  We'll take it.

15                  CHAIRWOMAN WEINSTEIN:  Yeah, we'll 

16           take it.

17                  We go to Assemblyman Ra.

18                  ASSEMBLYMAN RA:  Thank you two very 

19           much for your patience today, and certainly 

20           for your service and serving our veterans.

21                  So Mr. Walters, quickly, I mean, I 

22           think it's so great to hear from somebody 

23           like you that the state has now invested to 

24           grow this program.  And it takes people like 


                                                                   468

 1           you to, you know, make this program great.  

 2           And that's why we know it's always worked is 

 3           because of the people who've walked in those 

 4           same shoes that are working with our 

 5           veterans.

 6                  But what have you seen in those 

 7           counties that are, you know, putting this 

 8           into effect for the first time as a result of 

 9           the funding last year?  Is there just a 

10           growing need to continue investing in this?  

11           I would think there is.  

12                  MR. WALTERS:  Investing financially or 

13           just investing -- 

14                  ASSEMBLYMAN RA:  Financially and 

15           otherwise.

16                  MR. WALTERS:  Definitely financially, 

17           yes.  Time, yes.  

18                  I sit with the individuals from OMH, 

19           DVS, as well as the Dwyer Evaluation Team, 

20           where we sit and discuss what can be done 

21           regarding the counties that's trying to 

22           figure out what to do if they're a different 

23           process -- because every county is unique, 

24           every county is different.  So each county 


                                                                   469

 1           has their own, you know, challenges or, you 

 2           know, questions about, okay, what should I 

 3           do, how can I run this, you know, who can I 

 4           hire.  You know, it goes through a different 

 5           process.  So it's an ongoing thing.

 6                  But financially, absolutely.  One of 

 7           the things that, you know, I sit here is 

 8           because the Dwyer program has not been -- 

 9           since its enactment about 10 years ago, it 

10           has not been increased.  So just from the 

11           program's deliverables of people doing things 

12           like going and helping individuals with 

13           groceries or sitting with someone at the 

14           store or whatever it is, you know, the 

15           service has increased just from the 

16           peer-to-peer, but just -- you know, they've 

17           actually turned into like case managers, but 

18           without being case managers.  Advocates.  You 

19           know, speaking with someone at 2 o'clock in 

20           the morning, where I've taken a phone call 

21           from someone suicidal.  

22                  Those are things that we've done 

23           beyond, you know, just our office hours or 

24           just beyond what we have to do.


                                                                   470

 1                  But absolutely, the need for 

 2           financial -- you know, a monetary gain would 

 3           be great for a lot of the programs.

 4                  ASSEMBLYMAN RA:  Great.  Thank you.

 5                  And Mr. Hannan, I don't know if you 

 6           were here earlier, but when we were talking 

 7           to the director -- 

 8                  MR. HANNAN:  DVS?

 9                  ASSEMBLYMAN RA:  Yes.  We mentioned 

10           the grant program that was in the $5 million 

11           in grants that was put in for veterans 

12           service organizations.

13                  MR. HANNAN:  That's for infrastructure 

14           improvements and the like.

15                  ASSEMBLYMAN RA:  Yeah, in last year's 

16           budget.  

17                  And the number of applicants seemed to 

18           be very low.  So are local veterans 

19           organizations aware of this?  I just --

20                  MR. HANNAN:  You just asked my 

21           favorite question.  

22                  You know, the problem as I see it -- 

23           and, you know, I'm outspoken, and I apologize 

24           for that.  But DVS is treating it as a 


                                                                   471

 1           procurement program, not a grant program.  So 

 2           if it's a procurement program, they can't 

 3           answer any questions.

 4                  Have you ever navigated that grants 

 5           gateway?  I have.  It's a bear.  It's 

 6           incredibly counterintuitive.

 7                  ASSEMBLYMAN RA:  Thank you.

 8                  CHAIRWOMAN WEINSTEIN:  Thank you.

 9                  To the Senate.

10                  CHAIRWOMAN KRUEGER:  Thank you.

11                  (Slowly.)  Senator Jessica 

12           Scarcella-Spanton.

13                  SENATOR SCARCELLA-SPANTON:  Ooh, very 

14           good.  Thank you.  

15                  (Laughter, applause.) 

16                  CHAIRWOMAN KRUEGER:  I have been 

17           making mistakes with her name all day.  

18           That's why we're laughing.

19                  SENATOR SCARCELLA-SPANTON:  It is -- 

20           it's tough.  

21                  But Kirby, Gavin, I just wanted to 

22           thank you both so much for being here today 

23           and being patient and making us laugh at the 

24           end of the day also.


                                                                   472

 1                  (Laughter.)

 2                  SENATOR SCARCELLA-SPANTON:  But the 

 3           Assemblyman asked the question I was going to 

 4           ask -- is, you know, how is that $5 million 

 5           that's not being allocated in the 

 6           Executive Budget going to affect you?  

 7                  And I also wanted to ask if the -- if 

 8           it's sufficient, the amount of peer-to-peer 

 9           funding that you have to include all the 

10           counties this year -- if it's enough, if you 

11           need more.  I just wanted to -- I know it's a 

12           very, very important program, so I want to 

13           make sure that it's being appropriately 

14           funded.

15                  MR. HANNAN:  Well, it's different 

16           things for different people.  Gavin said it, 

17           all right?  So, you know, you have to look at 

18           it in terms of one county maybe is adequately 

19           funded and another county has obviously 

20           significantly more needs.  Rural versus 

21           urban, et cetera.  Transportation versus 

22           homeless, you know.  So all of that is going 

23           on.

24                  I can't say whether more funding needs 


                                                                   473

 1           to -- my testimony says that Dwyer ought to 

 2           be allowed to evaluate this in a grassroots 

 3           way with SUNY, and that at the end of some 

 4           budget period you need to take a second look 

 5           at, okay, where do we allocate our funds.  

 6                  Because I think that it's a very 

 7           important question, and I don't -- I think 

 8           that there's not a clear-cut answer for it.  

 9           Certainly I don't have one.

10                  SENATOR SCARCELLA-SPANTON:  And that 

11           makes sense.  If you're in an area that is 

12           more densely populated with veterans, whether 

13           it's, you know, if you're near a VA, or if 

14           you're up in Fort Drum, and maybe that's just 

15           the area that they tend to gravitate to, they 

16           may need more funding than an area who 

17           doesn't have as many veterans.  

18                  So it gives you the opportunity to 

19           have more flexibility with how you spend that 

20           money.  Is that correct?

21                  MR. HANNAN:  Well, yes.  

22                  And I think a lot of people don't 

23           realize that Dwyer is actually -- a lot of 

24           people think that it's connected with DVS.  


                                                                   474

 1           It's really not.  OMH contracts with Dwyer, 

 2           with the county OMH as well as the county 

 3           Division of Veteran Services, and that's how 

 4           they figure out what CBOs and what 

 5           not-for-profits are out there that can 

 6           provide some of the services that are 

 7           specific.

 8                  Do me a favor, don't listen me.  Just 

 9           Google "WHY6Vet."  WHY, 6, Vet.  

10                  MR. WALTERS:  We Have Your 6.  It's 

11           called "We Have Your 6."  It's an 

12           organization that helps veterans in need that 

13           are suicidal and just going through the 

14           issues that so many of us, you know, have 

15           experienced.  

16                  But they are one of those 

17           organizations that's out there that have been 

18           helping many veterans.  But it's WHY6, but 

19           it's We Have Your 6.  

20                  MR. HANNAN:  And for your information, 

21           because I've heard several people asking 

22           about New York City and certainly 

23           Staten Island, Senator.  And DVS just -- 

24           New York City, just issued how they're going 


                                                                   475

 1           to administer Dwyer for New York City.  So 

 2           it's -- and if anybody wants it, just give me 

 3           a shout and I'll -- 

 4                  SENATOR SCARCELLA-SPANTON:  I want it.

 5                  (Laughter.)

 6                  MR. HANNAN:  Okay.  All right, 

 7           Senator.

 8                  SENATOR SCARCELLA-SPANTON:  Thank you 

 9           so much.

10                  MR. HANNAN:  You bet.  Okay.

11                  SENATOR SCARCELLA-SPANTON:  I 

12           appreciate it.

13                  CHAIRWOMAN KRUEGER:  Thank you.

14                  CHAIRWOMAN WEINSTEIN:  Assemblyman 

15           Eachus.

16                  ASSEMBLYMAN EACHUS:  There we go.  

17           Thank you.

18                  Thank you for your service, and thank 

19           you for helping out vets.  It's very 

20           important.

21                  Just recently when I was home, one of 

22           the complaints I heard from a member of the 

23           posts has to do with brick and mortar, and 

24           that is the fact that there really are no 


                                                                   476

 1           funds out there that are available for posts 

 2           to fix their facilities unless they spend the 

 3           money first.  

 4                  And many of them told me:  You know 

 5           what, if we had the money to spend, I 

 6           wouldn't go through all the paperwork to try 

 7           to get grants from New York State to work on 

 8           these buildings.

 9                  MR. HANNAN:  Let me -- let me correct 

10           you on something.

11                  ASSEMBLYMAN EACHUS:  Sure.

12                  MR. HANNAN:  The way DVS has worked it 

13           out, and the way I know DASNY, Dormitory 

14           Authority of the State of New York, has 

15           actually interacted on this issue is that 

16           they've got a method by which they can 

17           reimburse the contractor.  

18                  So the 5 million that we were talking 

19           about before for infrastructure improvements, 

20           that can actually be contracted for with the 

21           contractor, and then DASNY will take over and 

22           execute the contract and will actually pay.  

23           So you don't have to spend the money first.

24                  That was the case a while back, in the 


                                                                   477

 1           last round of -- I'll call them crest 

 2           fundings -- but not this time.

 3                  ASSEMBLYMAN EACHUS:  Well, I thank you 

 4           for that.  I deal with a number of folks that 

 5           are even older than myself, and maybe they 

 6           remember from those points in time.

 7                  Gavin, I just wanted to ask you real 

 8           quickly, how does the Dwyer program work with 

 9           the county service officers?

10                  MR. WALTERS:  So depending on which 

11           county you go to, you know, it might be 

12           different.  

13                  I could speak about Ulster County.  We 

14           have a great relationship with Mark Cozzupoli 

15           at the Ulster VSA, where we will meet -- 

16           actually, last year we met once a month just 

17           to speak about the veterans in the community, 

18           the veterans that are being impacted, such as 

19           the ones that were homeless or just had some 

20           type of need of services.  But we always will 

21           work with one another.  

22                  We have luncheons that we'll actually 

23           sit at different tables together to share 

24           each other's resources.  If a veteran -- we 


                                                                   478

 1           know a lot of servicemembers will not go to 

 2           the VSA.  So when they do actually come to 

 3           our office, we'll actually speak to them and 

 4           say, Hey, you know, have you gotten your 

 5           service connection?  Or what do you know 

 6           about benefits?  And we'll actually escort 

 7           them to there, speak to them collectively and 

 8           say, Hey, this is the person that you should 

 9           speak to regarding service connection, and 

10           then come back to our office and then see 

11           what you want to do.

12                  So that relationship really blends, 

13           you know, when you work really well with your 

14           VSA.

15                  ASSEMBLYMAN EACHUS:  That's great to 

16           hear.  

17                  The final thing that I would say is 

18           you mentioned about OMH.  It is my hope that 

19           OMH is working very closely with you.  

20           Because when you have a veteran that calls up 

21           and has an immediate, serious problem, there 

22           should be somebody in OMH, a professional -- 

23           I mean, thank you for what you do, thank you 

24           for all the volunteers and so on like that, 


                                                                   479

 1           but there should be a professional also 

 2           available to answer the questions and help 

 3           that particular -- 

 4                  MR. WALTERS:  They actually sit at our 

 5           coalition meetings monthly.  So they sit at 

 6           our meetings, and anytime we have an issue or 

 7           anything like that, they actually will 

 8           address us and speak to us.  So their 

 9           relationship is really close to us now.

10                  ASSEMBLYMAN EACHUS:  Good.

11                  CHAIRWOMAN WEINSTEIN:  Thank you.

12                  CHAIRWOMAN KRUEGER:  Senator Tom 

13           O'Mara.

14                  SENATOR O'MARA:  Thank you, gentlemen, 

15           for the great work you do day in and day out 

16           for our veterans.

17                  I think, as we've heard testimony 

18           throughout the day today, kind of the state's 

19           attention to veteran services is woeful and 

20           could be a heck of a lot better.  But you're 

21           doing a great job with what you have.

22                  Can you comment at all, are we making 

23           any progress in the treatment of 

24           post-traumatic stress and how that fits into 


                                                                   480

 1           the whole equation of our mental health and, 

 2           frankly, addiction issues of so many 

 3           veterans?  What kind of progress is being 

 4           made there?

 5                  MR. WALTERS:  Well, I think the 

 6           biggest hurdle is the reintegration.  Because 

 7           we know once someone's in service and once 

 8           they get out is two different attitudes.  

 9           Because we'll see someone when they're in the 

10           most harsh situation.  

11                  And because there's not that piece of, 

12           like, connecting them right before they get 

13           to our county, then it becomes that challenge 

14           of trying to reach out to them and say, Hey, 

15           how you doing, what's going on, are you 

16           experiencing any issues?

17                  And we know the young veterans will 

18           not reach out to anybody unless -- until, you 

19           know, they need to get somewhere.  But the 

20           older veterans, we do know that they will -- 

21           you know, they're more willing to reach out 

22           to someone.  If we go to the VA or wherever, 

23           they'll be willing to speak to us.  

24                  But the younger veterans are the ones 


                                                                   481

 1           that we're always trying to reach out to, 

 2           because they're the ones that's usually not 

 3           willing because -- as a young veteran that 

 4           came out myself, that didn't have any service 

 5           connections, just got -- you know, just 

 6           was I'll say booted out, I didn't want to 

 7           speak to anybody because I didn't feel like I 

 8           qualified, as well as I didn't think anybody 

 9           understood.  

10                  It took a long time until another 

11           veteran talked to me and said, Hey, Gavin, 

12           you might qualify for some VA services, speak 

13           to someone.  And that connection with another 

14           peer actually connected me.  And that's what 

15           usually happens with a lot of the veterans.  

16                  So just for the PTSD, or just speaking 

17           to someone with that, it's about the 

18           reintegration part where we actually -- if we 

19           just speak to somebody if like when they -- 

20           you know, if we knew that they were in 

21           combat, if we knew that they were deployed 

22           somewhere and we were able to talk to them 

23           right before they got -- came back to the 

24           States, that would be a big impact.  


                                                                   482

 1                  That would be so good that we could 

 2           say, Hey, we know that you're going through 

 3           something, come to our office.  Or, listen, 

 4           if you're not able to come to our office, 

 5           we'll talk to you, we'll talk to your 

 6           family -- or educate their families, which is 

 7           the biggest component where eight, nine times 

 8           out of 10, it's the families that's reaching 

 9           out to us.  

10                  So if we could educate the family 

11           members to say, Hey, listen, if you know your 

12           sister, brother, cousin, or whoever is in 

13           this situation, these are the tools that you 

14           should have.  Have a number that's on text or 

15           speed dial that you could just reach out to 

16           somebody while you're comforting that person 

17           in the corner and they're crying.  Listen, 

18           don't make them feel like they're, you know, 

19           isolated or anything like that, just give 

20           them the necessary tools to understand that 

21           they're not alone, and then reach out to that 

22           person or that friend that they might have 

23           that could get connected to them.  

24                  So it's an interesting process.  It 


                                                                   483

 1           just depends on where you might -- who you 

 2           might speak to, who you might go to.  But 

 3           there's no real good answer for that.  I just 

 4           say I always go back to the reintegration 

 5           part, where if we can actually speak to 

 6           someone when they leave service, that will be 

 7           the biggest component to actually dealing 

 8           with that.

 9                  SENATOR O'MARA:  Thank you.

10                  CHAIRWOMAN KRUEGER:  We do have 

11           Senator, I believe, Ashby.  Senator Ashby.

12                  SENATOR ASHBY:  Thank you, 

13           Madam Chair.

14                  Gavin, Kirby, thanks for being here 

15           today.  Thanks for your testimony.  Thanks 

16           for all the work you do every day.  

17                  The Dwyer program in Ulster -- is it 

18           growing?

19                  MR. WALTERS:  Yes, it's growing.  With 

20           the funds and with the individuals and the 

21           individuals that see what we're doing, it is 

22           absolutely growing.

23                  SENATOR ASHBY:  And the other members 

24           across the state in your program, are their 


                                                                   484

 1           Dwyer programs growing as well in terms of 

 2           participation?

 3                  MR. WALTERS:  I believe so, yes.  

 4                  SENATOR ASHBY:  And when you look at 

 5           the increase that we saw in this 

 6           Executive Budget, do you think it's 

 7           commensurate with the growth that we're 

 8           seeing in Dwyer throughout the state?  Or do 

 9           you think it should be more?

10                  MR. WALTERS:  It should be more, 

11           absolutely.  

12                  The 7.7 million was a great impact 

13           because it actually gave every county a Dwyer 

14           program, which was huge.  But it didn't cover 

15           what the Dwyer programs were actually doing 

16           in the counties.

17                  Like for us, I'm the actually only 

18           full-time individual in the county, and then 

19           everybody else is part-time.  And then we 

20           have one person part-time on Monday and 

21           another person three days part-time, and then 

22           one two days part-time.  And it's all around.  

23                  But then when you have a veteran 

24           that's in crisis, I'm usually the one that 


                                                                   485

 1           would actually default to that.  And then if 

 2           someone's in crisis at nighttime, I'll be the 

 3           one that will default to that.

 4                  So the burden will actually default to 

 5           the program managers, anyone in that 

 6           full-time role, to really do -- you know, 

 7           interact with someone.  Where if we had 

 8           individuals to really cover a lot of this 

 9           stuff, it will be a big impact.

10                  SENATOR ASHBY:  Yeah.

11                  MR. WALTERS:  And a lot of our funds 

12           even go to paying for hotel fees and stuff 

13           like that.  So it's through fundraising that 

14           we actually -- that we can pay for a hotel 

15           for our veteran.

16                  SENATOR ASHBY:  Right.  

17                  And when you see how much the 

18           Dwyer program has grown over the years and 

19           the effectiveness that it's had, you know, at 

20           this point, with the division being elevated 

21           to an agency, it gives us the opportunity -- 

22           more of an opportunity, I believe, to make it 

23           a permanent part of the budget.  You know, so 

24           that way, you know, we don't have to come 


                                                                   486

 1           back and ask for this.  

 2                  And I think the other programs that 

 3           Kirby had mentioned, the legal funding -- and 

 4           reintegration really as a whole, right, we 

 5           have the opportunity to take, you know, a 

 6           50,000-foot-level perspective on this and 

 7           really mold this.

 8                  So I really hope that you're in 

 9           contact with Director DeCohen on this and 

10           some of the other people that made this 

11           program -- made this, you know, elevation 

12           happen behind the scenes.  Because we do have 

13           a real opportunity here, and I hope that the 

14           Governor hears what you have to say on this.

15                  MR. HANNAN:  Senator, you asked if the 

16           program is growing, and I believe it is.  I 

17           don't think we have specific statistics that 

18           can point to that.  

19                  But women are getting left behind 

20           right now because they don't go to the post 

21           to engage in peer-to-peer-type activities on 

22           a regular basis.  So if you're expecting this 

23           program to grow, I think you have to take a 

24           look at women veterans.  They're 17 percent 


                                                                   487

 1           of the veteran population right now, okay?  

 2                  But hey, you know, I'm part of the 

 3           veteran population that -- at sixty -- at 

 4           79 years old -- trying to give myself a break 

 5           there -- you know, I got eight years of life 

 6           expectancy.  So what's going to happen to 

 7           that veteran population?  It's going to rise 

 8           to at least 25 percent women.  

 9                  And what we need to do now is start to 

10           plan so that women veterans have the type of 

11           peer-to-peer counseling activities that make 

12           sense -- childcare, women's health, all of 

13           those things.  Because this is just the tip 

14           of the iceberg in terms of the changing 

15           dynamic.

16                  SENATOR ASHBY:  Thank you.

17                  CHAIRWOMAN KRUEGER:  Thank you.

18                  One more Senator, Cordell Cleare.

19                  SENATOR CLEARE:  My questions were 

20           mostly answered.  

21                  First of all, thank you so much for 

22           your service.  Thank you for hanging in there 

23           with us today.  You get an award, too.

24                  (Laughter.)


                                                                   488

 1                  SENATOR CLEARE:  This is the first one 

 2           I've ever gotten.  

 3                  But I just wondered, is there a place 

 4           where all the posts are compiled?  Lists of 

 5           posts.  Are they registered in one place?

 6                  MR. HANNAN:  Yes.

 7                  MR. WALTERS:  Yeah.

 8                  SENATOR CLEARE:  I would like to know 

 9           all the posts in my district.

10                  MR. HANNAN:  That's yet another thing.  

11           I'll send you the DVS New York City 

12           information.  And I'll send -- there are not 

13           enough posts in New York City, but I'll send 

14           you the posts in New York City.

15                  SENATOR CLEARE:  Right.  Right.

16                  I'd like to know which ones are there 

17           and where the need might be.  I'm interested.  

18           So thank you.

19                  CHAIRWOMAN KRUEGER:  So I think the 

20           Senate is closed.

21                  CHAIRWOMAN WEINSTEIN:  Thanks.

22                  So I want to thank you both for being 

23           here, sticking with us till the end.  And --  

24                  MR. WALTERS:  Would it be okay if I 


                                                                   489

 1           submit some other information?  Because I -- 

 2           that I've brought to you guys as well on your 

 3           email?

 4                  CHAIRWOMAN WEINSTEIN:  Sure.  You 

 5           know, if you have anything you want to add, 

 6           you can send -- make sure to send information 

 7           to myself and Senator Krueger's office, and 

 8           we will make sure it's distributed to all the 

 9           members.

10                  In fact, anybody can submit 

11           information regarding -- before the hearing 

12           ends, people can submit testimony.  So we may 

13           have some other written materials that have 

14           been submitted, but we'll make sure that it's 

15           distributed to all of the members of the 

16           respective committees.

17                  I want to thank you for the work you 

18           do and staying with us till the end of this 

19           hearing.

20                  MR. WALTERS:  Thank you.

21                  MR. HANNAN:  Thank you.

22                  CHAIRWOMAN WEINSTEIN:  So the 

23           Human Services hearing is now over.  

24                  We ask you to join us, if you're 


                                                                   490

 1           listening, and colleagues, tomorrow morning 

 2           at 9:30, when we will have the 

 3           Environmental Conservation hearing.

 4                  The hearing is adjourned.

 5                  CHAIRWOMAN KRUEGER:  Thank you.  

 6                  (Whereupon, the budget hearing 

 7           concluded at 7:09 p.m.)

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