Relates to direct care services performed by state employees after retirement from state service

1 Co-sponsor

• Andrew J. Lanza

Title of bill

An act to amend the public officers law, in relation to providing that a retired state officer or employee shall not be barred from providing direct care or other services to an individual for whom those services were provided by such person while a state officer or employee

Purpose of the bill

This bill would create an exemption to the two-year and lifetime service bars for State employees performing direct care or other related support duties.

Summary of provisions

Section 1 of this bill would create a new Public Officers Law (POL) § 73(8-c) to exempt those performing direct care, clinical care, case management, service coordination, or other related support duties from both the two-year and lifetime POL bars when such employees: (i) leave State service; and (ii) then perform those same services for individuals formerly in their care.

Section 2 of the bill would provide for an immediate effective date.

Statement in support

Employees providing direct services to individuals in the care of New York State are barred from providing services to these individuals if they leave State service and work for a not-for-profit provider serving the same individuals. Moreover, those employees who may need to appear before their former agency to perform their duties for those same individuals may be barred from doing so for two years after leaving State service.

Often there are long-standing relationships between individuals with disabilities and those who support them in direct care, clinical or service coordination capacities. By creating this exemption to POL § 73, individuals would be able to continue to provide these beneficial supports to the same individuals if they leave State service and work for a provider entity. The need for this exemption will only continue to grow as OPWDD and OMH continue to move away from the large-facility service delivery model to supporting more individuals in the community where services have historically been provided primarily by not-for-profit providers. This exemption will promote greater continuity of services for individuals and a more experienced workforce in the community.

Prior Legislative History:

None

Fiscal implications

This bill is not expected to have a material impact on State finances.

Local impact

This bill is not expected to have a material impact on local finances.

Effective date

This bill would take effect immediately.