BILL NUMBER: S4907
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to requiring the
office for people with developmental disabilities to create a staffing
plan for workforce emergencies when experiencing staffing shortages
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require the Office for People with Devel-
opmental Disabilities develop a staffing plan in case of workforce shor-
tages.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill would require that the Office for People with
Developmental Disabilities develop an emergency staffing plan that would
be triggered if staff vacancy rate is lower than 90%.
Section 2 of this bill provides that shall take effect on the one
hundred twentieth day after it shall have become a law.
 
JUSTIFICATION:
The Office for People with Developmental Disabilities, in addition to
coordinating and certifying supports and services for individuals with
developmental disabilities, also is a provider of these services.
Several years of stagnant funding has led to staffing shortages at state
operated homes and facilities. More than 90 state operated facilities
are temporarily suspended or in the process of closing. Hundreds of New
Yorkers are facing displacement. For many individuals, this is detri-
mental for their personal growth and relationships that they have devel-
oped with their housemates and direct care staff.
According to the 2019 National Core Indicators Staff Stability Survey
report, the annual turnover rate of DSPs in New York State is 36.2%. At
the Senate Disabilities Committee hearing on workforce issues in Septem-
ber 2021, OPWDD testified that in 2019, 11.5% of all staff hours are
overtime hours.
The State must take immediate action to address workforce shortages by
creating an emergency staffing plan which is triggered by more than 10%
vacancies in direct care and clinical staff in any region. OPWDD already
has emergency plans for snow and natural disasters, as well as imple-
mented an emergency staffing plan during the height of the COVID-19
pandemic. The low level of staffing warrants an emergency staffing plan
to be developed and implemented as necessary to keep individuals with
disabilities living fulfilling and meaningful lives.
 
LEGISLATIVE HISTORY:
2021-22: S.8054
2022-23: S.3118/A.134
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:ò
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

Statutes affected:
S4907: 13.17 mental hygiene law