§ 367-X — Payment for violence prevention programs

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