Legislative Bulletin: 13 Legislative Session Days Remain

As we head into the Memorial Day Weekend, keep an eye out for your legislative representatives showing up in your communities - either taking in a parade or marching in one. There is plenty for you to talk to them about as the Legislature moves to wind down the session by June 19.

Nursing Home Providers Rally Against Nurse Staffing Ratios
LeadingAge NY nursing home members came to Albany on Wednesday to meet with lawmakers about legislation that would mandate nurse staffing ratios. The legislation, known as the Safe Staffing for Quality Care Act, would create specific staffing ratios for nurses and other direct-care staff in hospitals and nursing homes. The NYS Nurses Association along with a number of other unions were also in attendance advocating in favor of the bill. The bill advanced out of the Assembly Health Committees on Tuesday, but not before a lengthy debate. Thanks to all our members who reached out to their representatives who sit on the Assembly Health Committee. Six Assembly members voted against reporting the bill, including: Schimminger, Galef, Hevesi, Goodell, Walter and DiPietro. If one of these members is your representative, please call and say “Thank You!” The bill is now in the Assembly Codes Committee.

We met with many legislators who appreciated our concerns with the legislation and we are optimistic that the bill may not move any further. Nevertheless, it is important that we keep up the pressure to ensure that the bill does not pass by the end of session on June 19. If you have not yet discussed this legislation with your lawmakers, please do so. LeadingAge NY developed a number of tools to guide you in your discussions with lawmakers, including a memo of opposition; region-specific Issue Briefs, which include key points against staffing ratios and regional economic impact data; and a Staffing Ratio Cost Template, which can be utilized to determine the financial impact that the proposed staffing ratio legislation would have on your facility. Also, don’t forget to send a letter to your lawmakers, asking them to oppose this legislation.

Continuing Care at Home Legislation Awaits Senate Vote
Legislation that would allow Continuing Care Retirement Communities (CCRCs) to provide Continuing Care at Home contracts to seniors who live in their own homes was brought to the Senate floor for debate on Wednesday, but was laid aside to be taken up on another session day. LeadingAge NY met with Senate Minority Leader Andrea Stewart-Cousins yesterday about the bill and we were reassured that the bill is in fact expected to pass the Senate this year. The bill already passed unanimously in the Assembly and passed the Senate in 2012 and 2013. Please call your Senator and ask them to pass this legislation. You can share our memo of support with them. In anticipation of the bill’s passage, we have been in contact with the Governor’s office and the Department of Health in an effort to ensure the bill gets signed into law.

Attn: CCRC Members – Register Now
LeadingAge NY will host a CCRC Educational Luncheon on Mon., June 2 in Albany. The event will take place from 11:30 a.m. to 2 p.m. in the Albany Room located on Empire State Plaza in Albany. Legislators who represent CCRCs have been invited to partake in this educational luncheon to discuss the current status of CCRCs in New York, CCRC models in other states and the future of CCRCs in New York. We ask that you contact your lawmakers to follow up on the invitation sent out by LeadingAge NY on the CCRCs’ behalf. You can access your lawmakers’ contact information here, where you will be prompted to enter your ZIP code. If you need assistance with reaching out to your lawmakers, please contact Alyssa Lovelace at 518-867-8844. If you are not registered for this event, please do so here.

CCRCs in the News!
An op-ed written by LeadingAge NY President/CEO Jim Clyne was featured in the May 20 Times Union. The piece discusses the need for CCRC reform in New York considering the State’s stringent guidelines these providers must adhere to, in addition to information about CCRCs in neighboring state. Click here to read the article.

Federal Advocacy Opportunities

Veterans Aid & Attendance Benefits: Veterans accessing services from assisted living entities and adult care facilities are experiencing a significant delay in Aid and Attendance benefits owed to them by the VA. It is currently taking upwards of two years for applications to be approved, leaving the assisted living or adult care facility to subsidize the cost of care. Please send a letter to your members of Congress, asking them to urge the VA to approve these applications in a timely manner.
Third Party Liability (TPL): Certified Home Health Agency and Long Term Home Health Care Program providers need your assistance in urging CMS to resume use of a statistical sampling approach or other streamlined methods for purposes of determining Medicare TPL for home health services claims for dual eligibles that were originally paid by New York’s Medicaid program. Please send a letter to your members of Congress, urging CMS to suspend the current, administratively burdensome process for determining Medicare’s TPL for home health claims already reimbursed by Medicaid.
Older Americans Act (OAA): In 2013, OAA programs lost more than $103 million—a 5.5 percent cut from Fiscal Year (FY) 2012. These programs regained only half of that cut in FY 2014. Funding for FY 2015 is now at a critical point – nutrition programs were the only OAA programs that saw full funding restored in FY 2014 from prior year sequestration levels, and funding for nutrition programs have dramatically lagged behind inflation. Please send a letter to your members of Congress, urging them to restore OAA funding to previous levels.

Election Year Taking Shape
The State Republican and Democratic conventions have been held over the past two weeks with each party announcing their 2014 candidates. The State Republicans have nominated Westchester County Executive Rob Astorino as their gubernatorial candidate. Astorino selected Chemung County Sheriff Chris Moss as his running mate. Learn about the Republican candidates here. Gov. Cuomo accepted his nomination as the Democratic candidate for governor earlier today on the last day of the State Democratic Convention. Gov. Cuomo announced his running mate, yesterday, former Congresswoman Kathleen Hochul of Buffalo. Attorney General Eric Schneiderman and Comptroller Tom DiNapoli were also nominated for reelection. It was also announced yesterday that former Governor David Paterson will take over as chairman of the State Democratic Party.

Calling All Golfers!
The LeadingAge NY PAC Golf Tournament is a month from today! Tee off is at 12:45 on Mon., June 16 for the 18-hole tournament, followed by a 3 p.m. pro-clinic and 9-hole tournament. In addition, there are plenty of sponsor opportunities still available for purchase, including tee-sign sponsorships. Those who sponsor a tee-sign will receive their name and their organization/company’s name on a tee-sign located on the green. This sponsorship is available to provider-members, as well as associate members, vendors and non-members. Click here for registration and sponsorship opportunities.