2023 New York Laws › SOS - Social Services › Article 5 - Assistance and Care › Title 11 - Medical Assistance for Needy Persons › 367-X - Payment for Violence Prevention Programs.

§  367-x. Payment for violence prevention programs. 1. As used in this
section, the following terms shall have the following definitions:
(a) "Community  violence"  means  intentional  acts  of  interpersonal
violence  committed by individuals who are not intimately related to the
victim.
(b) "Community violence prevention services" means  evidence-informed,
trauma-informed,      culturally      responsive,     supportive     and
non-psychotherapeutic  services  provided  by   a   qualified   violence
prevention  professional  for  the  purpose of promoting improved health
outcomes, trauma recovery, and positive  behavioral  change,  preventing
injury  recidivism  and reducing the likelihood that individuals who are
victims  of  community  violence  will  commit   or   promote   violence
themselves.  "Community  violence  prevention  services" may include the
provision  of  peer  support  and   counseling,   mentorship,   conflict
mediation,  crisis  intervention, targeted case management, referrals to
certified or licensed  health  care  professionals  or  social  services
providers,  case  management,  community  and  school  support services,
patient  education  or  screening  services  to  victims  of   community
violence.
(c)  "Prevention  professional"  means  an  individual  who  works  in
programs aimed to  address  specific  patient  needs,  such  as  suicide
prevention,  violence prevention, alcohol avoidance, drug avoidance, and
tobacco prevention. The goal of such individual's work is to reduce  the
risk of relapse, injury, or re-injury of the patient.
(d)  "Qualified  violence  prevention professional" means a prevention
professional who meets all of the conditions  specified  in  subdivision
five of this section.
2.  Within  thirty  days  of  the  effective date of this section, the
commissioner shall apply to the federal government for  approval  of  an
amendment  to  the  Medicaid  state  plan  to  make  community  violence
prevention services available, to the extent permitted by  federal  law,
to any Medicaid beneficiary who has:
(a)  been  exposed to community violence, or has a personal history of
injury sustained as a result of an act of community violence; and
(b) been referred by a certified or licensed health care  provider  or
social  services  provider  to  receive  community  violence  prevention
services from a qualified violence prevention professional,  after  such
provider determines such beneficiary to be at elevated risk of a violent
injury or retaliation resulting from another act of community violence.
3.  The  commissioner  shall  seek  any federal approvals necessary to
implement this section, including, but not limited to,  any  state  plan
amendments  or  federal  waivers by the federal Centers for Medicare and
Medicaid Services.
4. Once federal approval has  been  appplied  for,  the  commissioner,
shall,  in  consultation  with  violence  intervention organizations and
local community-based and hospital-based violence prevention programs:
(a) issue  guidance  on  the  use  of  community  violence  prevention
services  for  beneficiaries who access these services under the medical
assistance program; and
(b)  determine  maximum  allowable  rates   for   community   violence
prevention   services   based   upon   the  medical  assistance  program
fee-for-service outpatient rates for the same or  similar  services,  or
any other data deemed reliable and relevant by the commissioner.
5.  Any  prevention  professional seeking certification as a qualified
violence prevention professional shall:
(a) complete at least six months of full-time equivalent experience in
providing community violence prevention services  or  youth  development

services  through employment, volunteer work or as part of an internship
experience;
(b)  complete  a  training  and  certification program approved by the
department of health for qualified  violence  prevention  professionals,
approved  in  accordance  with  subdivision  six  of  this section, by a
provider approved by the commissioner;
(c) complete annually at least four hours of continuing education,  by
a  provider  approved  by  the  commissioner,  in the field of community
violence prevention services;
(d) complete prevention professionals training for the  population  of
patients with whom they work; and
(e)  satisfy  any  other requirements established by the commissioner,
for certification as a qualified violence prevention professional.
6. Within ninety days of the  effective  date  of  this  section,  the
department  of  health  shall  approve  at  least  one  governmental  or
nongovernmental accrediting body with expertise  in  community  violence
prevention  services  to  review  and approve training and certification
programs  for   qualified   violence   prevention   professionals.   The
accrediting  body  shall  approve programs that such body determines, in
its discretion, will adequately prepare individuals to provide community
violence prevention services to individuals who are victims of community
violence. Such programs shall include  at  least  thirty-five  hours  of
training, collectively addressing all of the following:
(a)  the  profound  effects  of  trauma and violence and the basics of
trauma-informed care; and
(b) community  violence  prevention  strategies,  including,  but  not
limited  to,  conflict  mediation  and retaliation prevention related to
community violence; case management and advocacy practices; and  patient
privacy  and the federal Health Insurance Portability and Accountability
Act of 1996, P.L. 104-191, as amended from time to time, (HIPAA).
7. Any entity that employs or  contracts  with  a  qualified  violence
prevention   professional   to  provide  community  violence  prevention
services shall:
(a) maintain documentation  that  the  qualified  violence  prevention
professional  has met all of the conditions described in subdivision six
of this section; and
(b) ensure that the  qualified  violence  prevention  professional  is
providing  community violence prevention services in compliance with any
applicable standards of care, rules, regulations and  governing  law  of
the state or federal government.
8.  Nothing  in this section shall alter the scope of practice for any
health care professional  or  authorize  the  delivery  of  health  care
services in a setting or in a manner that is not currently authorized.
9.  This  section shall be implemented only to the extent that federal
financial  participation  is  available,  and  any   necessary   federal
approvals have been obtained.