March 14, 2023
The NYS Senate has released a Senate Budget Resolution that briefly summarizes some of the proposals it wants to see in a final enacted state budget. Importantly, the text from the actual budget bills is not out yet, but as you can see below, the Senate appears to support an 8.5% COLA for the MH, SUD workforces. Note: This is not an exhaustive list of state agencies where the workforce COLA proposal is for 8.5% COLA. More to follow.
Mental Hygiene, Department of (OPWDD, OMH, OASAS)
State Operations (S.4000-B)
* The Senate modifies the Executive All Funds recommendation of $600 million as follows:
o Adds $500 million appropriation to support 8.5 percent COLA.
Article VII Proposal (S.4007-B)
* PART DD — The Senate modifies the Executive proposal to provide a 2.5 percent cost-of-living adjustment by increasing the cost-of-living adjustment to 8.5 percent and indexing future cost-of-living adjustments to the consumer price index (Part of S.1291).
* PART EE — The Senate modifies the Executive proposal extending the managed long-term care statute for the Office of People with Developmental Disabilities (OPWDD) by reducing the extension to one year.
* PART FF — The Senate accepts the Executive proposal to increase flexibility in delegating nursing tasks by allowing direct support
staff in OPWDD community-based programs to perform certain tasks, if under the instruction of the service recipient or their representative, and supervised by a registered professional nurse.
* PART GG — The Senate intentionally omits the Executive proposal to create a “qualified mental health associate” credential for paraprofessionals who provide services for the Office of Mental Health.
* PART HH — The Senate accepts the Executive proposal to allow the Office of Mental Health and the Office of Addiction Services and Supports to jointly license certified community behavioral health clinics and create an Indigent Care Pool to compensate providers who suffer losses due to uncompensated care.
* PART II — The Senate accepts the Executive proposal to require commercial insurance coverage of certain behavioral health services, exempt certain behavioral health services and substance use disorder drugs from preauthorization or utilization review, require payment parity for telehealth mental health services, create penalties for payment parity violations, and require DFS to promulgate regulations related to behavioral health and substance use disorder network adequacy.
* PART JJ — The Senate modifies the Executive proposal to enhance the authority of the Commissioner to impose penalties on providers for failing to comply with operating certificates or the Mental Hygiene Law by including protections for attempts made in good faith to comply with applicable operating certificates and the law.
* NEW PART EEE — The Senate advances language to direct the Commissioner to establish a maternal mental health workgroup to study and issue recommendations related to maternal mental health, perinatal, and postpartum mood and anxiety disorders (S.2359).
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Addiction Services and Supports, Office of
State Operations (S.4000-B)
* The Senate concurs with the All Funds recommendation of $174.6 million.
Aid to Localities (S.4003-B)
* The Senate modifies the Executive All Funds recommendation of $968.6 million as follows:
o Adds $40 million to support the Opioid Settlement Fund with appropriation language to support programs recommended by the Opioid Advisory Board. The Senate is open to further discussions on further supporting harm reduction strategies.
o Adds $34 million to support an 8.5 percent Cost of Living Adjustment.
o Adds $5 million to support Legislative Grants.
-$3 million to support restoration of prior year Legislative Grants.
Capital Projects (S.4004-B)
* The Senate concurs with the Executive All Funds recommendation of $92 million.
Article VII Proposal (S.4007-B)
* NEW PART MM — The Senate advances language to allow for the expansion of treatment services provided at the Office of Addiction Services and Supports treatment centers to include treatment for mental health and physical health care needs of the individual (S.3525).