N.Y. Mental Hyg. Law § 16.35

§ 16.35 Developmental disabilities services quality improvement\n demonstration program.\n (a) For purposes of this section "facility" means any not-for-profit\nor public agency regulated by the office that provides services funded\nin whole or in part by the state.\n (b) Notwithstanding any law, rule or regulation to the contrary, the\ncommissioner shall, within amounts appropriated, including federal\nfinancial participation if available, establish a demonstration program\nto improve the quality of care for facility clients through the increase\nor improvement of direct care staff at such facilities. In furtherance\nof such demonstration program for facilities selected through a\ncompetitive process, rates of payment or state aid shall be adjusted\naccordingly. Requests for proposals for eligible projects shall be\nissued by the commissioner.\n (c) Such eligible projects shall be designated by the commissioner and\nmay include:\n (1) an increase in direct care staff, either facility wide or targeted\nat a particular area of care or shift;\n (2) increased training and education of direct care staff, including\nallowing direct care staff to increase their level of licensure or\ncertification relevant to facility care;\n (3) efforts to decrease staff turn-over through wage, employee benefit\nimprovements, or other means; and\n (4) other efforts related to the recruitment and retention of direct\ncare staff that will effect the quality of care at such facility.\n (d) The commissioner shall consider, in selecting projects, the\nlikelihood that such project will improve the care for the residents of\nthe facility, the financial need of the facility and such other matters\nas the commissioner deems appropriate.\n (e) Adjustments to rates of payment or state aid made pursuant to this\nsection shall be subject to available appropriations and shall not, in\naggregate, exceed five million dollars annually. The program shall\ncommence on April first, two thousand seven and end on March\nthirty-first, two thousand ten.\n (f) On or before June thirtieth, two thousand ten, the commissioner\nshall contract with an independent consultant to evaluate and report to\nthe commissioner, the speaker of the assembly and the temporary\npresident of the senate on the impact that the demonstration project has\nhad upon direct care staff recruitment, retention and quality of\nservices provided.\n