Extender Language Includes Workforce Hike

NYAPRS NOTE: In the absence of a final budget deal, the Governor has proposed an extender that includes our workforce hike, all but guaranteeing it's adoption.
Stay tuned,

Harvey

SUBPART G – Direct Workers Salary Increases

26 Section 1. Subdivisions 3-b and 3-c of section 1 of part C of chapter 57 of

27 the laws of 2006, relating to establishing a cost of living adjustment for

28 designated human services programs, as amended by section 1 of part I of

29 chapter 60 of the laws of 2014, are amended to read as follows:

30 3-b. Notwithstanding any inconsistent provision of law, beginning April

31 1, 2009 and ending March 31, 2016 and beginning April 1, 2017 and ending
32 March 31, 2018, the commissioners shall not include a COLA for the purpose of

33 establishing rates of payments, contracts or any other form of reimbursement,
34 provided that the commissioners of the office for people with developmental
35 disabilities, the office of mental health, and the office of alcoholism and
36 substance abuse services shall not include a COLA beginning April 1, 2017 and
37 ending March 31, 2019.

38 3-c. Notwithstanding any inconsistent provision of law, beginning April

39 1, [2016] 2018 and ending March 31, [2019] 2021, the commissioners shall

40 develop the COLA under this section using the actual U.S. consumer price

41 index for all urban consumers (CPI-U) published by the United States

42 department of labor, bureau of labor statistics for the twelve month period

43 ending in July of the budget year prior to such state fiscal year, for the

44 purpose of establishing rates of payments, contracts or any other form of

45 reimbursement.

46 § 2. Section 1 of part C of chapter 57 of the laws of 2006, relating to

47 establishing a cost of living adjustment for designated human service

48 programs, is amended by adding a new subdivision 3-e to read as follows:

117

1 3-e. (i) Notwithstanding the provisions of subdivision 3-b of this
2 section or any other inconsistent provision of law, and subject to the
3 availability of the appropriation therefor, for the programs listed in
4 paragraphs (i), (ii), and (iii) of subdivision 4 of this section, the
5 commissioners shall provide funding to support (1) an overall average three
6 and one-quarter percent (3.25%) increase to total salaries for direct care
7 staff, direct support professionals for each eligible state-funded program
8 beginning January 1, 2018; and (2) an overall average three and one-quarter
9 percent (3.25%) increase to total salaries for direct care staff and direct
10 support professionals, and clinical staff for each eligible state-funded
11 program beginning April 1, 2018. For the purpose of this funding increase,
12 direct support professionals are individuals employed in consolidated fiscal
13 reporting position title codes ranging from 100 to 199; direct care staff are
14 individuals employed in consolidated fiscal reporting position title codes
15 ranging from 200 to 299; and clinical staff are individuals employed in
16 consolidated fiscal reporting position title codes ranging from 300 to 399.
17 (ii) The funding made available pursuant to paragraph (i) of this
18 subdivision shall be used: (1) to help alleviate the recruitment and
19 retention challenges of direct care staff, direct support professionals and
20 clinical staff employed in eligible programs; and (2) to continue and to
21 expand efforts to support the professionalism of the direct care workforce.
22 Each local government unit or direct contract provider receiving such funding
23 shall have flexibility in allocating such funding to support salary increases
24 to particular job titles to best address the needs of its direct care staff,
25 direct support professionals and clinical staff. Each local government unit
26 or direct contract provider receiving such funding shall also submit a
27 written certification, in such form and at such time as each commissioner
28 shall prescribe, attesting to how such funding will be or was used for
29 purposes eligible under this section. Further, providers shall submit a
30 resolution from their governing body to the appropriate commissioner,
31 attesting that the funding received will be used solely to support salary and
32 salary-related fringe benefit increases for direct care staff, direct support
33 professionals and clinical staff, pursuant to paragraph (i) of this
34 subdivision. Salary increases that take effect on and after April 1, 2017 may
35 be used to demonstrate compliance with the January 1, 2018 funding increase
36 authorized by this section, except for salary increases necessary to comply
37 with state minimum wage requirements. Such commissioners shall be authorized
38 to recoup any funds as appropriated herein determined to have been used in a
39 manner inconsistent with such standards or inconsistent with the provisions
40 of this subdivision, and such commissioners shall be authorized to employ any
41 legal mechanism to recoup such funds, including an offset of other funds that
42 are owed to such local governmental unit or provider.
43 (iii) Where appropriate, transfers to the department of health shall be
44 made as reimbursement for the state share of medical assistance.
45 § 3. This act shall take effect immediately and shall be deemed to have

46 been in full force and effect on and after April 1, 2017; provided, however,

47 that the amendments to section 1 of part C of chapter 57 of the laws of 2006

48 made by sections one and two of this act shall not affect the repeal of such

49 section and shall be deemed repealed therewith.