S 377: Establishes an annual cost of living adjustment for human services programs indexed to inflation.

  
  STATE OF NEW YORK ________________________________________________________________________ 377 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. BROUK, GALLIVAN, HELMING, HOYLMAN-SIGAL, PARKER, SALAZAR, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT relating to establishing an annual cost of living adjustment for designated human services programs 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 office of mental 3 health, office for people with developmental disabilities, office of 4 addiction services and supports, office of temporary and disability 5 assistance, office of children and family services, and the state office 6 for the aging shall establish an annual cost of living adjustment 7 (COLA), effective beginning April 1, 2025, for projecting for the 8 effects of inflation upon rates of payments, contracts, or any other 9 form of reimbursement for the programs and services listed in paragraphs 10 (i), (ii), (iii), (iv), (v), and (vi) of subdivision four of this 11 section. The COLA established herein shall be applied to the appropri- 12 ate portion of reimbursable costs or contract amounts. Where appropri- 13 ate, transfers to the department of health (DOH) shall be made as 14 reimbursement for the state share of medical assistance. 15 2. Notwithstanding any inconsistent provision of law, subject to the 16 approval of the director of the budget and available appropriations 17 therefore, for state fiscal years beginning April 1, 2025 and thereaft- 18 er, the commissioners shall provide funding to support an annual cost of 19 living adjustment under this section in an amount equal to the consumer 20 price index - urban (CPI-U) from the previous July, published by the 21 bureau of labor statistics of the U.S. Department of Labor, for all 22 eligible programs and services as determined pursuant to subdivision 23 four of this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01186-01-5 
 S. 377 2 1 3. Notwithstanding any inconsistent provision of law, and as approved 2 by the director of the budget, the annual cost of living adjustment 3 (COLA) established in subdivision two of this section shall be inclusive 4 of all other cost of living type increases, inflation factors, or trend 5 factors that are newly applied effective April first of each such state 6 fiscal year. Except for the annual cost of living adjustment (COLA) 7 established in subdivision two of this section, the commissioners shall 8 not apply any other new cost of living adjustments for the purpose of 9 establishing rates of payments, contracts or any other form of 10 reimbursement. 11 4. Eligible programs and services. (i) Programs and services funded, 12 licensed, or certified by the office of mental health (OMH) eligible for 13 the cost of living adjustment established in subdivision two of this 14 section, pending federal approval where applicable, include: office of 15 mental health licensed outpatient programs, pursuant to parts 587 and 16 599 of title 14 CRR-NY of the office of mental health regulations 17 including clinic, continuing day treatment, day treatment, intensive 18 outpatient programs and partial hospitalization; outreach; crisis resi- 19 dence; crisis stabilization, crisis/respite beds; mobile crisis, part 20 590 comprehensive psychiatric emergency program services; crisis inter- 21 vention; home based crisis intervention; family care; supported single 22 room occupancy; supported housing; supported housing community services; 23 treatment congregate; supported congregate; community residence - chil- 24 dren and youth; treatment/apartment; supported apartment; community 25 residence single room occupancy; on-site rehabilitation; employment 26 programs; recreation; respite care; transportation; psychosocial club; 27 assertive community treatment; case management; care coordination, 28 including health home plus services; local government unit adminis- 29 tration; monitoring and evaluation; children and youth vocational 30 services; single point of access; school-based mental health program; 31 family support children and youth; advocacy/support services; drop in 32 centers; recovery centers; transition management services; bridger; home 33 and community-based waiver services; behavioral health waiver services 34 authorized pursuant to the section 1115 MRT waiver; self-help programs; 35 consumer service dollars; conference of local mental hygiene directors; 36 multicultural initiative; ongoing integrated supported employment 37 services; supported education; mentally ill/chemical abuse (MICA) 38 network; personalized recovery oriented services; children and family 39 treatment and support services; residential treatment facilities operat- 40 ing pursuant to part 584 of title 14-NYCRR; geriatric demonstration 41 programs; community-based mental health family treatment and support; 42 coordinated children's service initiative; homeless services; and prom- 43 ises zone. 44 (ii) Programs and services funded, licensed, or certified by the 45 office for people with developmental disabilities (OPWDD) eligible for 46 the cost of living adjustment established herein, pending federal 47 approval where applicable, include: local/unified services; chapter 620 48 services; voluntary operated community residential services; article 16 49 clinics; day treatment services; family support services; 100% day 50 training; epilepsy services; traumatic brain injury services; hepatitis 51 B services; independent practitioner services for individuals with 52 intellectual and/or developmental disabilities; crisis services for 53 individuals with intellectual and/or developmental disabilities; family 54 care residential habilitation; supervised residential habilitation; 55 supportive residential habilitation; respite; day habilitation; prevoca- 56 tional services; supported employment; community habilitation; interme- 
 S. 377 3 1 diate care facility day and residential services; specialty hospital; 2 pathways to employment; intensive behavioral services; basic home and 3 community-based services (HCBS) plan support; health home services 4 provided by care coordination organizations; community transition 5 services; family education and training; fiscal intermediary; support 6 broker; and personal resource accounts. 7 (iii) Programs and services funded, licensed, or certified by the 8 office of addiction services and supports (OASAS) eligible for the cost 9 of living adjustment established herein, pending federal approval where 10 applicable, include: medically supervised withdrawal services - residen- 11 tial; medically supervised withdrawal services - outpatient; medically 12 managed detoxification; medically monitored withdrawal; inpatient reha- 13 bilitation services; outpatient opioid treatment; residential opioid 14 treatment; KEEP units outpatient; residential opioid treatment to absti- 15 nence; problem gambling treatment; medically supervised outpatient; 16 outpatient rehabilitation; specialized services substance abuse 17 programs; home and community-based waiver services pursuant to subdivi- 18 sion 9 of section 366 of the social services law; children and family 19 treatment and support services; continuum of care rental assistance case 20 management; NY/NY III post-treatment housing; NY/NY III housing for 21 persons at risk for homelessness; permanent supported housing; youth 22 clubhouse; recovery community centers; recovery community organizing 23 initiative; residential rehabilitation services for youth (RRSY); inten- 24 sive residential; community residential; supportive living; residential 25 services; job placement initiative; case management; family support 26 navigator; local government unit administration; peer engagement; voca- 27 tional rehabilitation; support services; HIV early intervention 28 services; dual diagnosis coordinator; problem gambling resource centers; 29 problem gambling prevention; prevention resource centers; primary 30 prevention services; other prevention services; and community services. 31 (iv) Programs and services funded, licensed, or certified by the 32 office of temporary and disability assistance (OTDA) eligible for the 33 cost of living adjustment established herein, pending federal approval 34 where applicable, include: nutrition outreach and education program 35 (NOEP). 36 (v) Programs and services funded, licensed, or certified by the office 37 of children and family services (OCFS) eligible for the cost of living 38 adjustment established herein, pending federal approval where applica- 39 ble, include: programs for which the office of children and family 40 services establishes maximum state aid rates pursuant to section 398-a 41 of the social services law and section 4003 of the education law; emer- 42 gency foster homes; foster family boarding homes and therapeutic foster 43 homes as defined by the regulations of the office of children and family 44 services; supervised settings as defined by subdivision 22 of section 45 371 of the social services law, as added by section 1-a of part L of 46 chapter 56 of the laws of 2021; adoptive parents receiving adoption 47 subsidy pursuant to section 453 of the social services law; and congre- 48 gate and scattered supportive housing programs and supportive services 49 provided under the NY/NY III supportive housing agreement to young 50 adults leaving or having recently left foster care. 51 (vi) Programs and services funded, licensed, or certified by the state 52 office for the aging (SOFA) eligible for the cost of living adjustment 53 established herein, pending federal approval where applicable, include: 54 community services for the elderly; expanded in-home services for the 55 elderly; and supplemental nutrition assistance program. 
 S. 377 4 1 5. Each local government unit or direct contract provider receiving 2 funding for the cost of living adjustment established herein shall 3 submit a written certification, in such form and at such time as each 4 commissioner shall prescribe, attesting how such funding will be or was 5 used to first promote the recruitment and retention of non-executive 6 direct care staff, non-executive direct support professionals, non-exe- 7 cutive clinical staff, or respond to other critical non-personal service 8 costs prior to supporting any salary increases or other compensation for 9 executive level job titles. 10 6. Notwithstanding any inconsistent provision of law to the contrary, 11 agency commissioners shall be authorized to recoup funding from a local 12 governmental unit or direct contract provider for the cost of living 13 adjustment established herein determined to have been used in a manner 14 inconsistent with the appropriation, or any other provision of this 15 section. Such agency commissioners shall be authorized to employ any 16 legal mechanism to recoup such funds, including an offset of other funds 17 that are owed to such local governmental unit or direct contract provid- 18 er. 19 § 2. This act shall take effect immediately and shall be deemed to 20 have been in full force and effect on and after April 1, 2025.