Section 16.35. Mental retardation and developmental disabilities services quality improvement demonstration program

(a) For purposes of this section "facility" means  any  not-for-profit
  or  public  agency regulated by the office that provides services funded
  in whole or in part by the state.
    (b) Notwithstanding any law, rule or regulation to the  contrary,  the
  commissioner  shall,  within  amounts  appropriated,  including  federal
  financial participation if available, establish a demonstration  program
  to improve the quality of care for facility clients through the increase
  or  improvement  of direct care staff at such facilities. In furtherance
  of  such  demonstration  program  for  facilities  selected  through   a
  competitive  process,  rates  of  payment or state aid shall be adjusted
  accordingly. Requests for  proposals  for  eligible  projects  shall  be
  issued by the commissioner.
    (c) Such eligible projects shall be designated by the commissioner and
  may include:
    (1) an increase in direct care staff, either facility wide or targeted
  at a particular area of care or shift;
    (2)  increased  training and education of direct care staff, including
  allowing direct care staff to  increase  their  level  of  licensure  or
  certification relevant to facility care;
    (3) efforts to decrease staff turn-over through wage, employee benefit
  improvements, or other means; and
    (4)  other  efforts related to the recruitment and retention of direct
  care staff that will effect the quality of care at such facility.
    (d) The  commissioner  shall  consider,  in  selecting  projects,  the
  likelihood  that such project will improve the care for the residents of
  the facility, the financial need of the facility and such other  matters
  as the commissioner deems appropriate.
    (e) Adjustments to rates of payment or state aid made pursuant to this
  section  shall  be subject to available appropriations and shall not, in
  aggregate, exceed five  million  dollars  annually.  The  program  shall
  commence   on   April  first,  two  thousand  seven  and  end  on  March
  thirty-first, two thousand ten.
    (f) On or before June thirtieth, two thousand  ten,  the  commissioner
  shall  contract with an independent consultant to evaluate and report to
  the  commissioner,  the  speaker  of  the  assembly  and  the  temporary
  president of the senate on the impact that the demonstration project has
  had  upon  direct  care  staff  recruitment,  retention  and  quality of
  services provided.