What's happening
This bill creates a pilot program to credential direct support professionals, aiming to improve recruitment, retention, training, and career advancement in New York.
Why it matters
Elevates the Direct Support Profession. By creating a formal credentialing and education program, the bill aims to professionalize the direct support workforce, which could lead to higher standards of care for individuals with developmental disabilities and increased recognition for workers.
Focus on Workforce Stability. The bill addresses chronic issues of recruitment and retention in direct care by providing career advancement opportunities, which may help reduce turnover and improve continuity of care for vulnerable populations.
Advisory Council with Diverse Perspectives. The inclusion of an advisory council—featuring direct support professionals, higher education representatives, self-advocates, and regional workforce leaders—ensures that the program’s design and implementation reflect the needs and experiences of both workers and those they serve.
Data-Driven Policy Development. By requiring a comprehensive report on outcomes—such as credentialing rates, wage impacts, recruitment/retention data, and service quality—the bill sets the stage for informed decisions on whether to expand or modify the program, potentially shaping future statewide policy.
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Who cares
Direct support professionals
Selected workers at state-operated facilities and licensed or certified nonprofit providers would receive credentialing, education and training aimed at building advanced skills and career opportunities.
Nonprofit developmental disability service providers
The pilot would target workforce recruitment and retention, with a report comparing participating providers’ results with those of nonparticipating providers.
People with intellectual or developmental disabilities and self-advocates
The pilot would aim to improve health, safety and services, and a self-advocate or self-advocacy association representative would serve on its advisory council.
Office for People With Developmental Disabilities
The office would implement the pilot within available appropriations, select participants in consultation with regional partners and report on results and potential statewide expansion.
Headline styles
Certify Direct Support Workers
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to mental health and developmental disabilities
- Reported and committed to finance
- Referred to mental health and developmental disabilities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Credential Program for Care Workers
In Assembly Committee · Ways And Means · Sponsor Aileen Gunther
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3757
2019-2020 Regular Sessions
IN SENATE
February 13, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to establishing a credentialing pilot program for direct support professionals
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The mental hygiene law is amended by adding a new section 13.44 to read as follows: § 13.44 Direct support professional credential pilot program.
(a) Within the amounts appropriated, the office shall implement a professional credentialing pilot program to assist and enhance the field of direct care support.
(b) The pilot program participants shall be selected by the commissioner, in consultation with the regional offices under his or her jurisdiction and the regional centers for workforce transformation. Such pilot program participants shall include individuals employed by stateoperated facilities under the auspices of the office and not-for-profit providers licensed and/or certified by the office. Pilot program participants shall be geographically disbursed throughout the state, and as determined by the commissioner, in regions of the state with the greatest need.
(c) (1) When implementing the pilot program, the office shall focus on assisting individuals in the field of direct support by advancing initiatives that: (i) promote direct support work as a career, with a focus on creating opportunities for career advancement within the profession, (ii) further professionalize the field by developing advanced skills and competencies, (iii) promote the health, safety and well-being of the people being served, and (iv) enhance workforce recruitment and retention efforts, with a focus on direct support professional positions.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01778-01-9
S. 3757 2
(2) Such initiatives shall include but not be limited to:
(i) a credentialing and education program for direct support professionals which shall utilize best practices including but not limited to New York state direct support professional competencies, certification programs offered by institutions of higher learning, and direct support professional credentialing and education initiatives in other states; and
(ii) a comprehensive training program which may include on-line training, mentorships, and support group components. To develop the training program, the pilot may utilize national direct support professional competency programs or credentialing standards and trainings.
(d) (1) There is hereby established within the office an advisory council for direct support professional credentialing, which shall advise, oversee and assist with the implementation of the pilot program established pursuant to this section.
(2) (i) The council shall consist of the commissioner or his or her designee, who shall chair the council and twenty-one additional members. Seven members shall be appointed upon the recommendation of the commissioner, seven members shall be appointed upon the recommendation of the temporary president of the senate and seven members shall be appointed upon the recommendation of the speaker of the assembly. (ii) The composition of the council shall be as follows:
(A) five individuals from the direct support professional credential technical report advisory group, at least two of whom shall be not-forprofit providers of services;
(B) five individuals from the direct support professional credential technical report advisory group project staff identified by the commissioner, at least one of whom is from an institute of higher learning;
(C) six individuals from the office's regional center for workforce transformation; each individual shall represent one of the six regions covered by the regional center for workforce transformation;
(D) four direct support professionals, of whom two shall be credentialed direct support professionals; and
(E) a self-advocate or a representative of a self-advocacy association for individuals with intellectual or developmental disabilities.
(3) Members of the taskforce shall serve without compensation, but may be reimbursed for actual costs incurred for participation on such taskforce.
(4) The council shall meet at least four times in each full calendar year or at the request of the chair or commissioner.
(5) The council may establish committees as it deems necessary to particular subjects of importance related to the implementation of the pilot program.
(6) The council may consider any matter relating to initiatives advanced as part of the pilot program and shall advise and provide recommendations to the office on any such matter, including, but not limited to:
(i) ensuring the program is person-centered, accessible, applicable and relevant for people and families who reside in the state of New York; and
(ii) providing recommendations and assistance to the office to: (A) seek approval from the federal centers for Medicare and Medicaid services for the statewide credentialing program to be included in the state's 1115 demonstration waiver, as approved by the commissioner; (B) collaborate with managed care organizations to ensure the statewide credentialing program is incorporated into managed care contracts for
S. 3757 3
long term services and supports; and (C) develop the report required pursuant to subdivision (e) of this section.
(e) The office in consultation with the participants of the pilot program and the advisory council established pursuant to this section, shall issue a report no later than November fifteenth, two thousand twenty-two to the governor, the temporary president of the senate, the speaker of the assembly, the assembly chair of the committee on mental health, and the senate chair of the committee on mental health and developmental disabilities, detailing the progress of the pilot program, all relevant data and information taking into consideration any privacy concerns or confidential restrictions to share such information, and recommendations which shall include but not be limited to:
(1) rate of recruitment and retention for direct support professionals of providers participating in the pilot program compared to the rate for non-participating providers;
(2) number of direct support professionals credentialed;
(3) enhancement of quality supports and services to individuals with developmental disabilities;
(4) correlation between how wage increases for credentialed individuals demonstrates commitment to the profession, leadership qualities, retention in the field, improved supports and services, and family and individual satisfaction;
(5) identified barriers to meeting the pilot programs goals and objectives and recommendations on how to eliminate such barriers; and
(6) any recommendation related to achieving a successful implementation of a statewide credentialing program including but not limited to continuing and/or expanding the operation of the credentialing pilot program or additional investment of resources required by the state.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to establishing a credentialing pilot program for direct support profes- sionals
Purpose or general idea of bill
To promote the direct support professional position in the intellectual and developmental disabilities (I/DD) field with a focus on creating career opportunities within the profession.
Summary of provisions
The bill authorizes the NYS Office for People with Developmental Disa- bilities (OPWDD) to implement a professional credential pilot program for direct support professionals in the I/DD field.
The pilot will build on the use of existing core competencies, skills building and other educational resources. Comprehensive training may include on-line Glasswork, mentorships and other educational components.
An Advisory Council for direct support professional credentialing will be established to advise, oversee and assist with the implementation of the pilot. The Commissioner of OPWDD shall chair the council. Represen- tatives of the Regional Centers for Workforce Transformation and indi- viduals who served on the direct support professional credential techni- cal report advisory group will also serve as members of the credentialing Advisory Council. The Advisory Council shall meet at least four times a year
Justification
In 2015, the New York State Legislature and Governor Cuomo charged OPWDD to provide recommendations for the design and implementation of a Direct Support Professional credential program. OPWDD engaged in a comprehen- sive project to research and review the efficacy of establishing a statewide direct support professional credential. Structured focus groups of stakeholders, distribution of a statewide survey, and research and analysis to gather input on the utility, design and implementation were key facets of the project which produced a technical report with recommendations to implement the credentialing program.
According to the report, "well-designed credentialing programs provide targeted educational opportunities that help people master increasingly specialized or rapidly changing content areas in professions without necessarily investing in a longer-term degree program." Credentialing also improves the quality outcomes and affordability of long-term supports and services. At a time when the human services sector is facing workforce shortages, credentialing is an important tool to attract applicants into the direct support professional field, create a necessary bridge to a higher educational opportunity and increased wages for the lower paid workforce and has the potential to decrease turnover and vacancy rates.
Prior legislative history
2017-18: A10785 referred to Codes
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become law provided that, effective immediately, the addi- tion, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.