STATE OF NEW YORK
________________________________________________________________________
5559
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
Introduced by M. of A. SIMON, BARRETT, EACHUS, SANTABARBARA,
DE LOS SANTOS, WALSH -- Multi-Sponsored by -- M. of A. BLANKENBUSH --
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 the commission-
9 er's jurisdiction and the regional centers for workforce transformation.
10 Such pilot program participants shall include individuals employed by
11 state-operated facilities under the auspices of the office and not-for-
12 profit providers licensed and/or certified by the office. Pilot program
13 participants shall be geographically disbursed throughout the state, and
14 as determined by the commissioner, in regions of the state with the
15 greatest 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.
LBD01190-01-5
A. 5559 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 the commis-
17 sioner's designee, who shall chair the council and twenty-one additional
18 members. Seven members shall be appointed upon the recommendation of the
19 commissioner, seven members shall be appointed upon the recommendation
20 of the temporary president of the senate and seven members shall be
21 appointed upon the recommendation of the speaker of the assembly. (ii)
22 The composition 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. 5559 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-eight 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.
