N.Y. Comp. Codes R. & Regs. tit. 9 § 4.186

Current through Register Vol. 46, No. 36, September 4, 2024
Section 4.186 - Executive order no. 186: creating a task force on the skills, training and career advancement of direct care workers providing services to individuals with disabilities

WHEREAS, the quality of life of children and adults with disabilities is linked to the existence of quality jobs for direct service workers and other paraprofessional staff in the disability fields;

WHEREAS, there have been recent developments in the disability field, including new legal mandates, demographic trends, therapeutic advances, new philosophical approaches and changes in funding mechanisms;

WHEREAS, these recent developments have increased the need for a well-trained and highly educated direct service work force, with increased responsibilities and decision-making, working in partnership with a diverse consumer population, in more decentralized and individualized settings;

WHEREAS, the ability of provider agencies to implement new mandates and programs requires the support of direct service workers, who represent over one-half of the work force in the disability field, and who share the same environments and spend the most time with individuals with disabilities;

WHEREAS, there are emerging new career opportunities for the direct service work force in areas such as the prevention of disabilities, early intervention, case management, home habilitation, personal care assistance, transition services, supported employment, advocacy, aging and disability, psychiatric rehabilitation, community support services, family support services, inclusive education and assistive technology;

WHEREAS, high rates of staff turnover can interrupt the close relationship between staff and consumers and may adversely affect the quality of care offered in the system;

WHEREAS, the ongoing changes in the service delivery system have clarified the need for a stable, highly trained direct service work force, with opportunities for career advancement through continuing and higher education and demonstrated skill competency;

WHEREAS, the ability of provider agencies to attract and retain a highly skilled direct service work force is in part dependent upon providing innovative training and a continuum of educational opportunities;

WHEREAS, voluntary providers are private businesses and should be allowed a maximum level of management flexibility while ensuring economic and efficient delivery of services;

WHEREAS, the State and private provider agencies have worked collaboratively and effectively with educational institutions, private foundations, unions, non-profit organizations and consumer groups to establish innovative training and educational programs for direct care practitioners; and

WHEREAS, there continues to exist a need to expand and build on these collaborative efforts, to better coordinate initiatives among the State agencies, private provider agencies and other interested groups, and to design work force policies that lead to career advancement opportunities for workers and improved services for individuals with disabilities;

NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order as follows:

A. Creation of Task Force
1. There is hereby created a Task Force to study and report on the skills, training and career advancement of direct care workers who provide health, education and other human services to New York State residents with disabilities.
2. The Deputy Secretary to the Governor for Human Services shall be the Chair of the Task Force. The Task Force shall consist of up to twenty-five members and shall include representatives of institutions of higher education such as the New York State Consortium for the Study of Disabilities, non-profit organizations such as Reaching Up, Inc., public and private provider agencies, unions, consumer groups, direct service workers, professional associations, other interested individuals and organizations;
3. The Deputy Secretary to the Governor for Human Services, the Commissioner of the Office of Mental Retardation and Developmental Disabilities, the Commissioner of Mental Health, the Commissioner of the Office of Alcoholism and Substance Abuse Services, the Commissioner of Education, the Deputy Commissioner for Vocational and Educational Services for Individuals with Disabilities, the Commissioner of Health, the Commissioner of Social Services, the Director of the Governor's Office of Employee Relations, the Commissioner of Civil Service, the Director of the Budget, the Executive Director of the Developmental Disabilities Planning Council and the Executive Director of the Council on Children and Families, or their designees, shall serve as ex officio members of the Task Force.
B. Powers and Duties of Task Force
1. The Task Force shall study the skills, training and career advancement of direct care workers who provide health, education and other human services to New York State residents with disabilities. The issues to be considered by Task Force shall include but not be limited to:
a. the possibility of developing a tracking system to allow State agencies to monitor the amount of funds currently being spent on the training of direct service workers, how it is being spent, who is receiving training, and the outcomes of such training;
b. creative ways to facilitate interagency cooperation in the training of direct service workers, such as coordinating the development of federally mandated comprehensive systems of personnel development at the Department of Health and the State Education Department, and expanding those systems into a broader, interagency personnel planning process encompassing additional agencies such as the Office of Mental Retardation and Developmental Disabilities and the Office of Mental Health;
c. creative ways of financing career ladder training for direct service workers;
d. the impact of career ladders on job titles, job designs, staffing patterns, and the organizational structure and culture of provider agencies;
e. possible standards for the accreditation of "master-workers" and the possibility of standardizing existing certification requirements for direct service workers across related delivery systems;
f. the possibility of developing a comprehensive system of occupational skill standards and certification for human service workers in partnership with the newly created National Skill Standards Board;
g. opportunities for career mobility across related delivery systems;
h. proposals for regulatory reform that will improve the delivery of individualized services by modifying the minimum qualifications and required training of direct care practitioners;
i. the impact of career ladders on the diversity of the work force;
j. the impact of career ladders on the quality of care and on the professional relationship between consumers and direct service workers;
k. the possibility of modifying current reimbursement methodologies to strengthen career ladder training;
l. the possibility of a training voucher system tied to consumers and/or direct service workers;
m. ways to minimize disincentives and increase incentives for agencies to train their workers, including removing methodological and other barriers to provider management flexibility, and ways for workers to take advantage of training opportunities; and
n. ways in which public and private colleges and other organizations such as the New York State Consortium for the Study of Disabilities can play a better role in the delivery of career ladder training to direct care practitioners in disability related fields.
C. Report to the Governor
1. The Task Force shall issue a final report to the Governor on or before June 1, 1995. This report shall include specific recommendations to strengthen the direct service work force as a way to improve services to individuals with disabilities and their families. The Task Force may issue such interim reports as it shall deem appropriate.

Signed: Mario M. CuomoDated: September 6, 1994

[FN*] [Revoked by Executive Order No. 31 (George E. Pataki), infra.]

[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.186