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Breaking: Assembly Budget Proposal Raises COLA to 11%, Rejects Permanence, Several Expansions of Kendra’s Law

March 13, 2022 by The Alliance for Rights and Recovery

The NYS Assembly released a budget proposal last night that addresses 2 major priorities for NYAPRS members: a substantial increase in funding for community providers and a rejection of permanence and several expansions of Kendra’s Law’s authority, priorities that had been the major themes of last Thursday’s highly publicized NYAPRS Legislative Day. While this is only the start of what will ultimately be 3 way negotiations between the Assembly, Senate and the Administration, it’s a very good one. Stay tuned for what you can do along the way.

In doing so, the Assembly: 

  • raised the level of the COLA from 5.4% to 11% for OMH, OPWDD, OCFS, ODTA and OASAS provider and made it permanent, (e.g. a COLA will be afforded each year forward as determined by the Consumer Price Index of the previous year). The COLA will apply to the following programs: clinic, CDT and IOP programs, outreach, crisis residence, stabilization and respite beds, MCT, CPEP, family care, SRO, community residence, on site rehabilitation, employment, recreation, respite, transportation, psychosocial club, ACT, case management, care coordination including those associated with health home plus, LGU administration, monitoring and evaluation, SPOA, school based mental health services, family support for children and youth, recovery centers, transition management services, bridgers, HCBS, self-help, consumer service dollars, ongoing integrated supported employment services, MICA networks, PROS, children and family treatment and support, geriatric demonstration programs; community-based mental health family treatment and support; coordinated children’s service initiative; homeless services; and promises zone. I may have missed some programs here. The $3,000 incentive bonuses will no longer apply to community providers. 

  • rejected permanent authorization for Kendra’s Law, requiring legislative and public review of the program in 2027. It rejected a proposal that would have allowed individuals to be put back on an involuntary AOT order within 6 months of an expired order merely on the ambiguous basis that the person has experienced a “substantial increase” in mental health symptoms. It also rejected another proposal that would have allowed county mental health departments to compel providers to release confidential patient information of an individual on an AOT order using equally vague standards, e.g. when that director “deems it necessary to discharge duties.” Third, It permits physicians/psychiatrists to testify virtually in support of a proposed involuntary AOT order provided they demonstrate diligence to provide such testimony in person and provided there is patient consent. 

It also provided:   

$4 million for the expansion  of crisis intervention services and  diversion  programs,  including training,  implementations  and evaluation of  police  crisis  intervention teams, b)regional Mental Health First Aid  Training for  police,  including an evaluation of local diversion centers,  to  determine  any  programmatic changes  necessary to facilitate the planning and implementation  of  alternative diversion   programs  that  would  provides support for crisis intervention teams  and police related diversion services

 $6 million for Crisis Intervention Teams

 $1 million for suicide prevention efforts  for  high-risk  populations,  including  Latina   adolescents, Black  youth, members of the Lesbian, Gay, Bi-sexual, Transgender, and Queer community and Rural Communities

It does not currently include the Governor’s proposal to re-bid managed care contracts. 

More details shortly.

Next steps: we are expecting the Senate to release their proposal in the next few days, to be followed by joint Assembly/Senate deliberations and negotiations with the Administration that will lead to a final agreement, hopefully by March 31.

Filed Under: eNews Bulletin Updates Tagged With: eNews

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