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A00080 Summary:

BILL NOA00080
 
SAME ASSAME AS S04346
 
SPONSORGunther
 
COSPNSRBarrett
 
MLTSPNSR
 
Add 13.44, Ment Hyg L
 
Relates to establishing a credentialing pilot program for direct support professionals to assist and enhance the field of direct care support.
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A00080 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           80
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced by M. of A. GUNTHER, BARRETT -- read once and referred to the
          Committee on Mental Health
 
        AN  ACT  to  amend the mental hygiene law, in relation to establishing a
          credentialing pilot program for direct support professionals

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The mental hygiene law is amended by adding a new section
     2  13.44 to read as follows:
     3  § 13.44 Direct support professional credential pilot program.
     4    (a) Within the amounts appropriated,  the  office  shall  implement  a
     5  professional credentialing pilot program to assist and enhance the field
     6  of direct care support.
     7    (b)  The  pilot  program participants shall be selected by the commis-
     8  sioner, in consultation with the  regional  offices  under  his  or  her
     9  jurisdiction and the regional centers for workforce transformation. Such
    10  pilot  program participants shall include individuals employed by state-
    11  operated facilities under the auspices of the office and  not-for-profit
    12  providers licensed and/or certified by the office. Pilot program partic-
    13  ipants  shall  be  geographically disbursed throughout the state, and as
    14  determined by the commissioner, in regions of the state with the  great-
    15  est need.
    16    (c) (1) When implementing the pilot program, the office shall focus on
    17  assisting individuals in the field of direct support by advancing initi-
    18  atives  that:  (i) promote direct support work as a career, with a focus
    19  on creating opportunities for career advancement within the  profession,
    20  (ii) further professionalize the field by developing advanced skills and
    21  competencies,  (iii)  promote  the  health, safety and well-being of the
    22  people  being  served,  and  (iv)  enhance  workforce  recruitment   and
    23  retention  efforts,  with  a  focus on direct support professional posi-
    24  tions.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02455-01-1

        A. 80                               2
 
     1    (2) Such initiatives shall include but not be limited to:
     2    (i)  a  credentialing and education program for direct support profes-
     3  sionals which shall utilize best practices including but not limited  to
     4  New  York  state direct support professional competencies, certification
     5  programs offered by institutions of higher learning, and direct  support
     6  professional  credentialing  and  education initiatives in other states;
     7  and
     8    (ii) a comprehensive training program which may include on-line train-
     9  ing, mentorships, and support group components. To develop the  training
    10  program,  the  pilot  may  utilize  national direct support professional
    11  competency programs or credentialing standards and trainings.
    12    (d) (1) There is hereby established  within  the  office  an  advisory
    13  council  for  direct  support  professional  credentialing,  which shall
    14  advise, oversee and assist with the implementation of the pilot  program
    15  established pursuant to this section.
    16    (2)  (i)  The  council shall consist of the commissioner or his or her
    17  designee, who shall chair the council and twenty-one additional members.
    18  Seven members shall be appointed upon the recommendation of the  commis-
    19  sioner,  seven members shall be appointed upon the recommendation of the
    20  temporary president of the senate and seven members shall  be  appointed
    21  upon  the recommendation of the speaker of the assembly. (ii) The compo-
    22  sition of the council shall be as follows:
    23    (A) five individuals from the direct support  professional  credential
    24  technical  report advisory group, at least two of whom shall be not-for-
    25  profit providers of services;
    26    (B) five individuals from the direct support  professional  credential
    27  technical  report advisory group project staff identified by the commis-
    28  sioner, at least one of whom is from an institute of higher learning;
    29    (C) six individuals from the office's regional  center  for  workforce
    30  transformation;  each  individual shall represent one of the six regions
    31  covered by the regional center for workforce transformation;
    32    (D) four direct support professionals, of whom two  shall  be  creden-
    33  tialed direct support professionals; and
    34    (E) a self-advocate or a representative of a self-advocacy association
    35  for individuals with intellectual or developmental disabilities.
    36    (3) Members of the taskforce shall serve without compensation, but may
    37  be  reimbursed for actual costs incurred for participation on such task-
    38  force.
    39    (4) The council shall meet at least four times in each  full  calendar
    40  year or at the request of the chair or commissioner.
    41    (5)  The  council  may  establish  committees as it deems necessary to
    42  particular subjects of importance related to the implementation  of  the
    43  pilot program.
    44    (6)  The  council  may  consider  any  matter  relating to initiatives
    45  advanced as part of the pilot  program  and  shall  advise  and  provide
    46  recommendations  to  the  office  on any such matter, including, but not
    47  limited to:
    48    (i) ensuring the program is  person-centered,  accessible,  applicable
    49  and  relevant  for  people  and  families who reside in the state of New
    50  York; and
    51    (ii) providing recommendations and assistance to the office to:    (A)
    52  seek  approval  from  the  federal  centers  for  Medicare  and Medicaid
    53  services for the statewide credentialing program to be included  in  the
    54  state's  1115 demonstration waiver, as approved by the commissioner; (B)
    55  collaborate with managed care  organizations  to  ensure  the  statewide
    56  credentialing  program  is  incorporated into managed care contracts for

        A. 80                               3
 
     1  long term services and supports; and (C)  develop  the  report  required
     2  pursuant to subdivision (e) of this section.
     3    (e)  The  office  in  consultation  with the participants of the pilot
     4  program and the advisory council established pursuant to  this  section,
     5  shall  issue  a  report  no  later than November fifteenth, two thousand
     6  twenty-four to the governor, the temporary president of the senate,  the
     7  speaker  of  the assembly, the assembly chair of the committee on mental
     8  health, and the senate chair of  the  committee  on  mental  health  and
     9  developmental disabilities, detailing the progress of the pilot program,
    10  all  relevant data and information taking into consideration any privacy
    11  concerns or confidential restrictions to  share  such  information,  and
    12  recommendations which shall include but not be limited to:
    13    (1) rate of recruitment and retention for direct support professionals
    14  of providers participating in the pilot program compared to the rate for
    15  non-participating providers;
    16    (2) number of direct support professionals credentialed;
    17    (3)  enhancement  of quality supports and services to individuals with
    18  developmental disabilities;
    19    (4) correlation between how wage increases for  credentialed  individ-
    20  uals  demonstrates  commitment  to the profession, leadership qualities,
    21  retention in the field, improved supports and services, and  family  and
    22  individual satisfaction;
    23    (5) identified barriers to meeting the pilot programs goals and objec-
    24  tives and recommendations on how to eliminate such barriers; and
    25    (6)  any  recommendation related to achieving a successful implementa-
    26  tion of a statewide credentialing program including but not  limited  to
    27  continuing  and/or  expanding  the  operation of the credentialing pilot
    28  program or additional investment of resources required by the state.
    29    § 2. This act shall take effect on the one hundred eightieth day after
    30  it shall have become a law. Effective immediately, the addition,  amend-
    31  ment and/or repeal of any rule or regulation necessary for the implemen-
    32  tation  of  this act on its effective date are authorized to be made and
    33  completed on or before such effective date.
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