Bill Text: NY S09539 | 2021-2022 | General Assembly | Introduced
Bill Title: Makes community violence prevention services available, to the extent permitted by federal law, to any Medicaid beneficiary who has received medical treatment for an injury sustained as a result of an act of community violence and has been referred by a certified or licensed health care provider or social services provider to receive community violence prevention services from a qualified violence prevention professional.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-08-22 - REFERRED TO RULES [S09539 Detail]
Download: New_York-2021-S09539-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9539 IN SENATE August 22, 2022 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the social services law, in relation to the provision of and payment for violence prevention programs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The social services law is amended by adding a new section 2 367-x to read as follows: 3 § 367-x. Payment for violence prevention programs. 1. As used in this 4 section, the following terms shall have the following definitions: 5 (a) "Community violence" means intentional acts of interpersonal 6 violence committed by individuals who are not intimately related to the 7 victim. 8 (b) "Community violence prevention services" means evidence-informed, 9 trauma-informed, culturally responsive, supportive and non-psychothera- 10 peutic services provided by a qualified violence prevention profes- 11 sional, within or outside of a clinical setting, for the purpose of 12 promoting improved health outcomes, trauma recovery, and positive behav- 13 ioral change, preventing injury recidivism and reducing the likelihood 14 that individuals who are victims of community violence will commit or 15 promote violence themselves. "Community violence prevention services" 16 may include the provision of peer support and counseling, mentorship, 17 conflict mediation, crisis intervention, targeted case management, 18 referrals to certified or licensed health care professionals or social 19 services providers, case management, community and school support 20 services, patient education or screening services to victims of communi- 21 ty violence. 22 (c) "Prevention professional" means an individual who works in 23 programs aimed to address specific patient needs, such as suicide 24 prevention, violence prevention, alcohol avoidance, drug avoidance, and 25 tobacco prevention. The goal of such individual's work is to reduce the 26 risk of relapse, injury, or re-injury of the patient. Prevention profes- 27 sionals work in a variety of settings and provide appropriate case 28 management, mediation, referral, and mentorship services. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16222-02-2S. 9539 2 1 (d) "Qualified violence prevention professional" means a prevention 2 professional who meets all of the conditions specified in subdivision 3 five of this section. 4 2. Within thirty days of the effective date of this section, the 5 commissioner, in conjunction with the commissioner of health, shall 6 amend the Medicaid state plan to make community violence prevention 7 services available, to the extent permitted by federal law, to any Medi- 8 caid beneficiary who has: 9 (a) been exposed to community violence, or has a personal history of 10 injury sustained as a result of an act of community violence; and 11 (b) been referred by a certified or licensed health care provider or 12 social services provider to receive community violence prevention 13 services from a qualified violence prevention professional, after such 14 provider determines such beneficiary to be at elevated risk of a violent 15 injury or retaliation resulting from another act of community violence. 16 3. The commissioner, in conjunction with the commissioner of health, 17 shall seek any federal approvals necessary to implement this section, 18 including, but not limited to, any state plan amendments or federal 19 waivers by the federal Centers for Medicare and Medicaid Services. 20 4. The commissioner, in conjunction with the commissioner of health, 21 shall, in consultation with the Health Alliance for Violence Inter- 22 vention (HAVI) and local community-based and hospital-based violence 23 prevention programs: 24 (a) issue guidance on the use of community violence prevention 25 services for beneficiaries who access these services under the medical 26 assistance program; and 27 (b) determine maximum allowable rates for community violence 28 prevention services based upon the medical assistance program fee-for- 29 service outpatient rates for the same or similar services, or any other 30 data deemed reliable and relevant by the commissioner. 31 5. Any prevention professional seeking certification as a qualified 32 violence prevention professional shall: 33 (a) complete at least six months of full-time equivalent experience in 34 providing community violence prevention services or youth development 35 services through employment, volunteer work or as part of an internship 36 experience; 37 (b) complete a training and certification program approved by the 38 department of health for qualified violence prevention professionals, 39 approved in accordance with subdivision six of this section, or be 40 certified as a violence prevention professional by the Health Alliance 41 for Violence Intervention prior to the effective date of this section; 42 (c) complete annually at least four hours of continuing education, 43 offered by the Health Alliance for Violence Intervention or any other 44 provider approved by the commissioner, in conjunction with the commis- 45 sioner of health, in the field of community violence prevention 46 services; 47 (d) complete prevention professionals training for the population of 48 patients with whom they work; and 49 (e) satisfy any other requirements established by the commissioner, in 50 conjunction with the commissioner of health, for certification as a 51 qualified violence prevention professional. 52 6. Within ninety days of the effective date of this section, the 53 department of health shall approve at least one governmental or nongov- 54 ernmental accrediting body with expertise in community violence 55 prevention services to review and approve training and certification 56 programs for qualified violence prevention professionals. The accredit-S. 9539 3 1 ing body shall approve programs that such body determines, in its 2 discretion, will adequately prepare individuals to provide community 3 violence prevention services to individuals who are victims of community 4 violence. Such programs shall include at least thirty-five hours of 5 training, collectively addressing all of the following: 6 (a) the profound effects of trauma and violence and the basics of 7 trauma-informed care; and 8 (b) community violence prevention strategies, including, but not 9 limited to, conflict mediation and retaliation prevention related to 10 community violence; case management and advocacy practices; and patient 11 privacy and the federal Health Insurance Portability and Accountability 12 Act of 1996, P.L. 104-191, as amended from time to time, (HIPAA). 13 7. Any entity that employs or contracts with a qualified violence 14 prevention professional to provide community violence prevention 15 services shall: 16 (a) maintain documentation that the qualified violence prevention 17 professional has met all of the conditions described in subdivision six 18 of this section; and 19 (b) ensure that the qualified violence prevention professional is 20 providing community violence prevention services in compliance with any 21 applicable standards of care, rules, regulations and governing law of 22 the state or federal government. 23 8. Nothing in this section shall alter the scope of practice for any 24 health care professional or authorize the delivery of health care 25 services in a setting or in a manner that is not currently authorized. 26 9. This section shall be implemented only to the extent that federal 27 financial participation is available, and any necessary federal 28 approvals have been obtained. 29 § 2. This act shall take effect immediately.