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A10924 Summary:

BILL NOA10924
 
SAME ASSAME AS S03669-B
 
SPONSORHevesi
 
COSPNSRSteck
 
MLTSPNSR
 
 
Provides targeted inflationary increases for designated programs for the 2026-2027 fiscal year.
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A10924 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10924
 
                   IN ASSEMBLY
 
                                      April 9, 2026
                                       ___________
 
        Introduced  by  M.  of A. HEVESI, STECK -- read once and referred to the
          Committee on Ways and Means
 
        AN ACT establishing a  targeted  inflationary  increase  for  designated
          persons
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. 1. Subject to available appropriations and approval of  the
     2  director  of  the budget, the commissioners of the department of health,
     3  office of mental health, office for people with developmental  disabili-
     4  ties, office of addiction services and supports, office of temporary and
     5  disability  assistance,  office of children and family services, and the
     6  directors of the state office for the aging and  the  office  of  victim
     7  services  (hereinafter  "the  commissioners")  shall  establish  a state
     8  fiscal year 2026-2027 targeted inflationary increase, effective April 1,
     9  2026, for  projecting  for  the  effects  of  inflation  upon  rates  of
    10  payments, contracts, or any other form of reimbursement for the programs
    11  and  services  listed  in subdivision four of this section. The targeted
    12  inflationary increase established herein shall be applied to the  appro-
    13  priate  portion  of reimbursable costs or contract amounts. Where appro-
    14  priate, transfers to the department of health (DOH)  shall  be  made  as
    15  reimbursement for the state and/or local share of medical assistance.
    16    2.  Notwithstanding  any inconsistent provision of law, subject to the
    17  approval of the director of  the  budget  and  available  appropriations
    18  therefor,  for  the  period of April 1, 2026 through March 31, 2027, the
    19  commissioners shall provide funding to support a  two  and  seven-tenths
    20  percent (2.7%) targeted inflationary increase under this section for all
    21  eligible  programs  and  services  as determined pursuant to subdivision
    22  four of this section.
    23    3. Notwithstanding any inconsistent provision of law, and as  approved
    24  by  the  director  of  the budget, the 2.7 percent targeted inflationary
    25  increase established herein shall be inclusive of all other inflationary
    26  increases, cost of living type increases, inflation  factors,  or  trend
    27  factors  that  are newly applied effective April 1, 2026. Except for the
    28  2.7 percent targeted inflationary increase established herein,  for  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08160-07-6

        A. 10924                            2
 
     1  period commencing on April 1, 2026 and ending March 31, 2027 the commis-
     2  sioners shall not apply any other new targeted inflationary increases or
     3  cost  of  living  adjustments  for  the purpose of establishing rates of
     4  payments,  contracts or any other form of reimbursement. The phrase "all
     5  other inflationary increases, cost of living type  increases,  inflation
     6  factors,  or  trend  factors"  as  defined in this subdivision shall not
     7  include payments made pursuant to the American Rescue Plan Act or  other
     8  federal  relief programs related to the Coronavirus Disease 2019 (COVID-
     9  19) pandemic public health emergency. This subdivision shall not prevent
    10  the office of children and  family  services  from  applying  additional
    11  trend  factors  or  staff  retention  factors  to  eligible programs and
    12  services under paragraph (v) of subdivision four of this section.
    13    4. Eligible programs and services. (i) Programs and  services  funded,
    14  licensed, or certified by the office of mental health (OMH) eligible for
    15  the  targeted  inflationary increase established herein, pending federal
    16  approval where applicable, include: office  of  mental  health  licensed
    17  outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of
    18  the  office of mental health regulations including clinic (mental health
    19  outpatient treatment and rehabilitative services  programs),  continuing
    20  day  treatment, day treatment, intensive outpatient programs and partial
    21  hospitalization;  outreach;  crisis  residence;  crisis   stabilization,
    22  crisis/respite  beds;  mobile crisis, part 590 comprehensive psychiatric
    23  emergency program  services;  crisis  intervention;  home  based  crisis
    24  intervention;  family  care;  supported single room occupancy; supported
    25  housing  programs/services   excluding   rent;   treatment   congregate;
    26  supported   congregate;   community  residence  -  children  and  youth;
    27  treatment/apartment; supported  apartment;  community  residence  single
    28  room occupancy; on-site rehabilitation; employment programs; recreation;
    29  respite  care;  transportation;  psychosocial  club; assertive community
    30  treatment; case management; care  coordination,  including  health  home
    31  plus  services;  local  government  unit  administration; monitoring and
    32  evaluation; children and youth  vocational  services;  single  point  of
    33  access;  school-based mental health program; family support children and
    34  youth; advocacy/support services; drop  in  centers;  recovery  centers;
    35  transition management services; bridger; home and community based waiver
    36  services;  behavioral  health waiver services authorized pursuant to the
    37  section 1115 MRT waiver; self-help programs; consumer  service  dollars;
    38  conference  of local mental hygiene directors; multicultural initiative;
    39  ongoing integrated supported employment services;  supported  education;
    40  mentally   ill/chemical  abuse  (MICA)  network;  personalized  recovery
    41  oriented services; children and family treatment and  support  services;
    42  residential treatment facilities operating pursuant to part 584 of title
    43  14-NYCRR;   geriatric  demonstration  programs;  community-based  mental
    44  health family treatment  and  support;  coordinated  children's  service
    45  initiative; homeless services; and promise zones.
    46    (ii)  Programs  and  services  funded,  licensed,  or certified by the
    47  office for people with developmental disabilities (OPWDD)  eligible  for
    48  the  targeted  inflationary increase established herein, pending federal
    49  approval where applicable, include: local/unified services; chapter  620
    50  services;  voluntary operated community residential services; article 16
    51  clinics; day treatment  services;  family  support  services;  100%  day
    52  training;  epilepsy services; traumatic brain injury services; hepatitis
    53  B services;  independent  practitioner  services  for  individuals  with
    54  intellectual  and/or  developmental  disabilities;  crisis  services for
    55  individuals with intellectual and/or developmental disabilities;  family
    56  care  residential  habilitation;  supervised  residential  habilitation;

        A. 10924                            3
 
     1  supportive residential habilitation; respite; day habilitation; prevoca-
     2  tional services; supported employment; community habilitation;  interme-
     3  diate  care  facility  day and residential services; specialty hospital;
     4  pathways to employment; intensive behavioral services; community transi-
     5  tion  services;  family  education  and  training;  fiscal intermediary;
     6  support broker; and personal resource accounts. The  office  for  people
     7  with developmental disabilities, in collaboration with the department of
     8  education,   shall  also  provide  a  comparable  targeted  inflationary
     9  increase to the independent living centers program.
    10    (iii) Programs and services funded,  licensed,  or  certified  by  the
    11  office  of  addiction  services  and  supports  (OASAS) eligible for the
    12  targeted  inflationary  increase  established  herein,  pending  federal
    13  approval  where  applicable,  include:  medically  supervised withdrawal
    14  services -  residential;  medically  supervised  withdrawal  services  -
    15  outpatient;  medically  managed detoxification; inpatient rehabilitation
    16  services; outpatient opioid  treatment;  residential  opioid  treatment;
    17  residential  opioid treatment to abstinence; problem gambling treatment;
    18  medically supervised outpatient; outpatient rehabilitation;  specialized
    19  services  substance  abuse  programs;  home  and  community based waiver
    20  services pursuant to subdivision 9 of section 366 of the social services
    21  law; children and family treatment and support  services;  continuum  of
    22  care  rental  assistance case management; NY/NY III post-treatment hous-
    23  ing; NY/NY III housing for persons at risk for  homelessness;  permanent
    24  supported housing; youth clubhouse; recovery community centers; recovery
    25  community organizing initiative; residential rehabilitation services for
    26  youth  (RRSY);  intensive residential; community residential; supportive
    27  living; residential services; job placement initiative; case management;
    28  family support navigator; local  government  unit  administration;  peer
    29  engagement;  vocational rehabilitation; HIV early intervention services;
    30  dual diagnosis coordinator; problem gambling resource  centers;  problem
    31  gambling  prevention;  prevention  resource  centers; primary prevention
    32  services; other prevention services;  comprehensive  outpatient  clinic;
    33  jail-based  supports; regional addiction resource centers; and addiction
    34  treatment centers.
    35    (iv) Programs and services  funded,  licensed,  or  certified  by  the
    36  office  of  temporary  and disability assistance (OTDA) eligible for the
    37  targeted  inflationary  increase  established  herein,  pending  federal
    38  approval where applicable, include: the nutrition outreach and education
    39  program  (NOEP); New York state supportive housing program; solutions to
    40  end  homelessness  program;  disability  advocacy  programs;  and  state
    41  supplemental nutrition assistance program outreach program.
    42    (v) Programs and services funded, licensed, or certified by the office
    43  of  children and family services (OCFS) eligible for the targeted infla-
    44  tionary increase established  herein,  pending  federal  approval  where
    45  applicable, include: programs for which the office of children and fami-
    46  ly  services  establishes  maximum  state  aid rates pursuant to section
    47  398-a of the social services law and section 4003 of the education  law;
    48  emergency  foster  homes;  foster  family boarding homes and therapeutic
    49  foster homes; supervised settings as defined by  subdivision  twenty-two
    50  of  section  371  of the social services law, as added by section 1-a of
    51  part L of chapter 56 of the laws of  2021;  adoptive  parents  receiving
    52  adoption  subsidy  pursuant  to  section 453 of the social services law;
    53  congregate and scattered  supportive  housing  programs  and  supportive
    54  services  provided  under  the NY/NY III supportive housing agreement to
    55  young adults leaving or having recently left  foster  care;  child  care
    56  resource  and  referral  agencies;  healthy  families New York; New York

        A. 10924                            4
 
     1  state learning and enrichment after-school program supports (LEAPS); New
     2  York state commission for the blind; and residential and non-residential
     3  domestic violence services  and  preventative  services  as  defined  by
     4  section 409 of the social services law.
     5    (vi) Programs and services funded, licensed, or certified by the state
     6  office  for  the  aging  (SOFA)  eligible  for the targeted inflationary
     7  increase established herein, pending federal approval where  applicable,
     8  include:   community services for the elderly; expanded in-home services
     9  for the elderly; the wellness in nutrition program;  New  York  connects
    10  program;  long  term  ombudsman  program; naturally occurring retirement
    11  communities (NORCs); neighborhood naturally occurring retirement  commu-
    12  nities (NNORCs); and social adult day services program.
    13    (vii)  Programs  and  services  funded,  licensed, or certified by the
    14  department of health eligible for the cost of living  adjustment  estab-
    15  lished  herein,  pending  federal  approval  where  applicable, include:
    16  health home care management agencies authorized under section  365-l  of
    17  the  social  services  law;  rape crisis programs; maternal, infant, and
    18  early childhood home visiting (MIECHV) initiative; and  Medicaid  trans-
    19  portation program.
    20    (viii)  Programs  and  services  funded, licensed, or certified by the
    21  office of victim services eligible for the  cost  of  living  adjustment
    22  established  herein, pending federal approval where applicable, include:
    23  crime victim service programs as defined by section 631-a of the  execu-
    24  tive law.
    25    5.  All  state-funded human services programs not listed in paragraphs
    26  (i), (ii), (iii), (iv), (v), (vi), (vii), and (viii) of subdivision four
    27  of this section shall be deemed eligible for the cost of living  adjust-
    28  ment  established  herein, pending federal approval where applicable, if
    29  such program or service is provided to individuals or groups of individ-
    30  uals, for the purpose of improving or enhancing such individuals' health
    31  and/or welfare, by addressing social  problems.  The  commissioners  and
    32  directors  of  the  office  of mental health, the office for people with
    33  developmental  disabilities,  the  office  of  addiction  services   and
    34  supports,  the office of temporary and disability assistance, the office
    35  of children and family services, the state office  for  the  aging,  the
    36  department  of health, and the office of victim services shall publish a
    37  list of such newly eligible programs and services each year  on  depart-
    38  ment  websites  no later than March first and review the current list of
    39  cost of living adjustment eligible programs every five years.
    40    6. Each local government unit or direct  contract  provider  receiving
    41  funding  for the targeted inflationary increase established herein shall
    42  submit a written certification, in such form and at  such  time  as  the
    43  commissioners shall prescribe, attesting how such funding will be or was
    44  used  to  first  promote  the recruitment and retention of non-executive
    45  direct support professionals, non-executive direct care staff,  non-exe-
    46  cutive clinical staff, non-executive administrative staff, or respond to
    47  other critical non-personal service costs prior to supporting any salary
    48  increases or other compensation for executive level job titles.
    49    7.  Notwithstanding any inconsistent provision of law to the contrary,
    50  agency commissioners shall be authorized to recoup funding from a  local
    51  governmental  unit  or  direct contract provider for the targeted infla-
    52  tionary increase established herein determined to have been  used  in  a
    53  manner  inconsistent  with  the appropriation, or any other provision of
    54  this section. Such agency commissioners shall be  authorized  to  employ
    55  any  legal  mechanism to recoup such funds, including an offset of other

        A. 10924                            5
 
     1  funds that are owed to such local governmental unit or  direct  contract
     2  provider.
     3    §  2.  This  act  shall take effect immediately and shall be deemed to
     4  have been in full force and effect on and after April 1, 2026.
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