Bill Text: NY A10409 | 2015-2016 | General Assembly | Introduced
Bill Title: Directs the commissioner of the office for people with developmental disabilities to study and report on the recruitment and retention of direct support professionals working with people with developmental disabilities by November 1, 2016.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2016-09-30 - tabled [A10409 Detail]
Download: New_York-2015-A10409-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10409 IN ASSEMBLY May 25, 2016 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee on Mental Health AN ACT to direct the commissioner of the office for people with develop- mental disabilities to study and report on the recruitment and retention of direct support professionals working with people with developmental disabilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The Legislature hereby finds that 2 Direct Support Professionals (DSPs) are the lynchpin of the system of 3 supports for people with developmental disabilities. These dedicated and 4 skilled direct support professionals allow more than 100,000 New Yorkers 5 to lead safe, fulfilling lives. More than 90% of all funding to support 6 the salaries of these highly trained professionals comes from Medicaid 7 or other state funds. 8 The Legislature further finds the current funding for these highly 9 trained professionals is insufficient to pay a fair wage for the work 10 these skilled professionals do, leaving these dedicated workers in short 11 supply. Recent surveys by voluntary agencies employing these valued 12 professionals indicate a high and increasing statewide vacancy rate, 13 high and increasing staff turnover rates and increasing difficulty 14 recruiting and retaining these valuable employees. 15 The Legislature further finds that women and minorities are the 16 cornerstone of the direct support professional workforce in New York 17 State. According to recent surveys, 73 percent of direct care staff are 18 women and 56.5 percent are either African-American, black or of Hispanic 19 and Latino origin. It is critically important that these skilled and 20 dedicated professionals receive the fair wage they deserve, for the work 21 they do. 22 The Legislature further finds that in his April 2012 Report to Gover- 23 nor Cuomo, Clarence Sundram, the Governor's Special Advisor on Vulner- 24 able Persons, found that "a strong, well trained and committed direct 25 support staff" is essential to safeguard and care for vulnerable indi- 26 viduals. In order to attract and retain such a workforce, and to ensure EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15398-03-6A. 10409 2 1 appropriate recruitment, job training, coaching, motivation and the 2 inculcating of core agency mission values in these front line workers by 3 agency supervisors and managers as envisioned by the Sundram report, the 4 Legislature finds not for profit agencies must be given the resources 5 needed in order to pay these workers and front-line managers and super- 6 visors a fair wage consistent with the responsibilities and duties these 7 individuals perform. 8 The Legislature further finds that as a result of fiscal difficulties 9 the state faced beginning in 2009, the state has failed to provide 10 appropriate funding to allow not for profit providers to pay the fair 11 wages these dedicated and skilled professionals deserve for the work 12 they do. 13 The Legislature further finds that in order to begin to address the 14 wage losses sustained by these dedicated professionals, and in order to 15 ensure these workers receive a fair wage commensurate to their skill, 16 training and heightened responsibilities, and to address the unaccepta- 17 bly high vacancy and turnover rates, which disrupts care-giving, lessens 18 the quality of the lives of those with intellectual and developmental 19 disabilities, and threatens health and safety, a funding mechanism needs 20 to be established for DSPs in order to appropriately value the work they 21 do. 22 The Legislature further finds it is necessary to quantify the factors 23 having an adverse impact on the ability of providers of supports and 24 services for people with developmental disabilities to recruit and 25 retain qualified staff and on their ability to provide the supports and 26 services necessary for their health, safety and happiness and an iden- 27 tification of the resources necessary. 28 § 2. The commissioner of the office for people with developmental 29 disabilities shall develop and issue a report enumerating the causes of 30 the high and increasing turnover and vacancy rates of Direct Support 31 Professionals (DSPs) working with people with intellectual and develop- 32 mental disabilities. Such report shall include an assessment of all 33 factors which are causing the vacancy and turnover rates of providers of 34 supports and services for individuals with intellectual and develop- 35 mental disabilities to raise. 36 § 3. The report shall include identification of resources necessary to 37 attract and retain a quality workforce, and the fiscal resources neces- 38 sary to maintain a quality workforce in sufficient number to assure the 39 health and safety of individuals with developmental disabilities and to 40 reverse the unacceptably high vacancy and turnover rates. 41 § 4. On or before November 1, 2016, the commissioner of the office for 42 people with developmental disabilities shall complete the study 43 conducted pursuant to sections two and three of this act and shall ther- 44 eafter deliver a copy of the findings of the study and any legislative 45 recommendations he or she deems to be necessary, to the governor, the 46 temporary president of the senate, and the speaker of the assembly. 47 § 5. This act shall take effect immediately.
