N.Y. Mental Hygiene Law § 16.35: Developmental disabilities services quality improvement demonstration program

§ 16.35 Developmental disabilities services quality improvement

demonstration program.

(a) For purposes of this section "facility" means any not-for-profit

or public agency regulated by the office that provides services funded

in whole or in part by the state.

(b) Notwithstanding any law, rule or regulation to the contrary, the

commissioner shall, within amounts appropriated, including federal

financial participation if available, establish a demonstration program

to improve the quality of care for facility clients through the increase

or improvement of direct care staff at such facilities. In furtherance

of such demonstration program for facilities selected through a

competitive process, rates of payment or state aid shall be adjusted

accordingly. Requests for proposals for eligible projects shall be

issued by the commissioner.

(c) Such eligible projects shall be designated by the commissioner and

may include:

(1) an increase in direct care staff, either facility wide or targeted

at a particular area of care or shift;

(2) increased training and education of direct care staff, including

allowing direct care staff to increase their level of licensure or

certification relevant to facility care;

(3) efforts to decrease staff turn-over through wage, employee benefit

improvements, or other means; and

(4) other efforts related to the recruitment and retention of direct

care staff that will effect the quality of care at such facility.

(d) The commissioner shall consider, in selecting projects, the

likelihood that such project will improve the care for the residents of

the facility, the financial need of the facility and such other matters

as the commissioner deems appropriate.

(e) Adjustments to rates of payment or state aid made pursuant to this

section shall be subject to available appropriations and shall not, in

aggregate, exceed five million dollars annually. The program shall

commence on April first, two thousand seven and end on March

thirty-first, two thousand ten.

(f) On or before June thirtieth, two thousand ten, the commissioner

shall contract with an independent consultant to evaluate and report to

the commissioner, the speaker of the assembly and the temporary

president of the senate on the impact that the demonstration project has

had upon direct care staff recruitment, retention and quality of

services provided.