Legislative Bulletin: Session coming to an end

End-of-Session issues beginning to close

It’s been a whirlwind of a week for the Legislature – with session scheduled to end on Thurs., June 20. Bills are moving out of committees quickly and making their way onto the Assembly and Senate calendars to be debated. The governor is also advancing some of his priorities, including casino gambling, which came to fruition yesterday when he and the Seneca Nation of Indians struck a deal that would bring tribal casino revenue to the state and allow for three more casinos to be placed in areas such as the Catskills, Binghamton area and Capital region. Gov. Cuomo’s Women’s Equality Act has been facing opposition, particularly from Senate Republicans and anti-abortion groups who are not in favor of the 10th of the nine points made in the governor’s legislation, which addresses abortion rights. The governor has also introduced his Tax-Free NY initiative that would offer new businesses to invest in Upstate New York by the operating completely tax-free, while partnering with public and private higher education institutions.

Cuts to DD organizations to be restored
In a big win for the developmental disabilities community, the governor and legislative leaders reached agreement on legislation, A.6692-C (Weisenberg)-S.4777-D (Golden), that will protect non-profit organizations that provide services for people with developmental disabilities from possible cuts to their reimbursement rates. You may recall that the 2013-14 NY State Budget included a $90 million cut to developmental disability services. The agreement ensures that part of the budget cut will be rolled back if the state cannot generate enough administrative savings and other efficiencies to avoid reducing payment rates to providers.

Your last chance for advocacy
LeadingAge New York, along with our counsel Hinman Straub, has been working around the clock to ensure that our end-of-session goals are met. With only four session days remaining, it is critical that we end the session with a strong advocacy push. There is something for everyone to advocate for, so please take a look at the bills below and help us in our advocacy efforts. Lawmakers are in their districts, today, making now the perfect opportunity to discuss the following bills:

• The Safe Patient Handling Act A. 2180-B (Gunther)-S.1123-B (Maziarz): This legislation would create a Statewide Safe Patient Handling Policy for all health care facilities in New York State, and require facilities to establish the Safe Patient Handling Work Group to assist with compliance and training requirements reflecting the statewide policy. This bill was amended again yesterday, but does not yet address our concerns.  The newly amended bill now includes language that requires that safe patient handling policies consider “whether use of such devices is consistent with a patient's or resident's plan of care or treatment.” However, this language is open to interpretation and we do not believe it goes far enough to ensure that a nursing home resident’s individualized care plan will prevail if it is in conflict with the required safe patient handling policy. If this is not explicitly stated, we are very concerned that a direct care worker could refuse to assist facility residents, without fear of reprisal, and leave them without the care they need. This bill is on the Assembly Calendar to be debated and in the Senate Finance Committee, where the chair of the committee, Sen. DeFrancisco, is not in favor of this bill. We urge you to call your lawmakers as soon as possible to discuss legislation. To contact your lawmakers, please refer to our Legislative Action Center, and use this memo of opposition to guide you in your discussion.
   
• Life Care at Home A.4611 (Schimminger)-S.2118 (Ranzenhofer): This legislation would provide affordable, accessible, continuing care services to seniors living at home through their local Continuing Care Retirement Community (CCRC). The bill passed the Senate for the second year in a row, but we have struggled to get it out of the Assembly Health Committee. LeadingAge New York and Hinman Straub have met with the Chair of the Health Committee, Assemblyman Gottfried, several times over the past few days, and we were asked to address a number of his questions and concerns. The Assemblyman believes that any amendments to the bill are unlikely to be worked out before session ends next week. In actuality, any final amendments to the bill would have to be in print by next Monday in order for the Legislature to pass the bill on the final day of session. This is because a bill needs to “age” three days before it can be passed so that legislators have enough time to review it. LeadingAge New York and Hinman Straub will continue to work with the Assemblyman on this bill and will keep members up-to-date with any new information. LeadingAge New York supports this legislation.
   
• Staffing Ratios A.6571 (Gottfried)-S.3691-A (Hannon): This bill would require all acute care facilities and nursing homes to meet standards for appropriate staffing ratios of nursing and unlicensed direct care staff. This bill remains in Assembly Ways and Means and Senate Health Committees. Our advocacy efforts have been incredibly effective, and we believe the bill will not be passed this year. LeadingAge New York opposes this legislation.
   
• ALP Retention Standards (2-person assist) A.7755 (Gottfried)-S.5096 (Golden): This bill would enable Assisted Living Programs (ALPs) to admit or retain residents who are medically stable, but require more assistance, known as the two-person assist, with transferring. Enabling the two-person assist would help prevent unnecessary nursing home placement for some individuals who want to remain in the assisted living setting. The bill is on the Assembly Calendar to be taken up for debate, but has not yet moved from the Senate Health Committee. LeadingAge New York supports this legislation, and urges you to call your lawmakers urging them to pass this legislation.
   
• Streamlining ACF/Assisted Living Applications A.7835-A (Gottfried)-S.5628-A (Hannon): This bill would direct DOH to develop a streamlined application and review process for Adult Care Facility (ACF) and assisted living operators who are in good standing. This bill has been placed on the Senate Calendar to be taken up for debate, and remains in the Assembly Codes Committee. LeadingAge New York supports this legislation, and urges you to call your lawmakers urging them to pass this legislation.
   
• Criminal history record checks in ACFs A.5476-A (Cymbrowitz)-S.4926 (Hannon): This bill would require the review of the criminal history of prospective employees of adult care facilities. This bill passed in the Senate and has been referred back to the Assembly Health Committee. LeadingAge New York supports this legislation, and urges you to call your Assemblymember, urging them to pass this legislation.