2016 Legislative Session to Conclude Today

The Legislature is still working today in an attempt to finalize agreement on a number of high-profile issues. There appears to have been agreement on a bill to help combat opioid/heroin addiction as well as legislation allowing for alcohol to be served earlier on Sundays, but leaders have yet to reach agreement on NYC mayoral control, campaign finance reform, pension forfeiture for officials convicted of crimes, or an MOU outlining spending for affordable housing.

A number of our priority issues have reached their conclusion, however. Below is an update on our top priority issues as the session comes to a close. We will send members a complete update next week summarizing and detailing the outcome on all the bills we have been following this year. We have many successes to be proud of, and we would not have accomplished them if it weren’t for your advocacy efforts – thank you for all of your help!

Final updates on our key advocacy issues.

1. Nurse Staffing Ratios: A.8580-A (Gunther)/S.782 (Hannon), 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 at a cost of approximately $1.06B to nursing homes state-wide. 

Outcome: While the nurse staffing ratios bill passed in the Assembly, it failed to advance in the Senate this year. It’s most likely that this bill will be taken up again next year, so we will focus on educating lawmakers this summer and fall. Thank you to all of our members who took part in numerous advocacy initiatives throughout the year to help us defeat this bill. In total, 592 letters in opposition were sent to members of the Legislature.

2. Advanced Home Health Aide Legislation: The Governor and legislative leaders negotiated an advanced home health aide bill, A.10707 (Glick)/S.8110 (LaValle), that will authorize Advanced Home Health Aides (AHHAs) to perform advanced tasks under the supervision of a registered nurse and pursuant to an authorized practitioner’s ordered care, effective in 2018.

Outcome: Passed both the Senate and Assembly, and is waiting to be signed into law by the Governor. LeadingAge NY was successful in advocating for the removal of language that would have required staffing ratios. We will be working with the state in the year ahead to implement this important legislation.

3. SSI Increase for ACFs: S.7333 (Serino)/A.10224 (Brindisi), which would implement an increase in the SSI rate for ACFs by $7.50 per day, phased in over two years. If passed, the first $2.50 per day increase would happen on Jan. 1, 2017, and then again on April 1, 2017. The third and final $2.50 increase would occur on April 1, 2018.

Outcome: Passed in the Senate and remained in the Assembly Ways and Means Committee. Passage of the bill in the Senate sends a strong message as we work to get an SSI increase in next year’s budget.

4. Memorandum of Understanding for Housing (MOU): Nearly $2B was approved in the state budget for affordable housing programs. The funds cannot be released until the Governor and legislative leaders agree on a plan for how to spend the funds. If an agreement is not reached, it could cause delays for affordable housing developments across the state.

Outcome: Still to be determined. Leaders have been unable to reach agreement on how to allocate the supportive housing funds. Last night, Gov. Cuomo offered to disburse $150 million of the funding to get things started, but there was significant pushback. At this writing, it appears that leaders will work to hammer out an agreement over the summer.

5. Integration of individuals with TBI into DD services in rural counties: The bill A.9146 (Russell)/S.6655 (Young) authorizes the integration of individuals with a Traumatic Brain Injury (TBI), sustained after the age of twenty-one, into programs within the developmental disabilities service sector.

Outcome: Passed in the Senate and remained in the Assembly Health Committee. Assemblywoman Russell worked hard to push the Assembly Health Committee to consider the bill, to no avail. We will work to make this bill become law next session.

6. Capital Funding for ALPs and hospice: A.10522 (Magnarelli)/S.7718 (Hannon) and A.10517 (Magnarelli)/S.7711 (Hannon) would enable ALPs and hospice providers the opportunity to access funds allocated in the budget.

Outcome: The bill remained in the Senate and Assembly Health Committees. We will build support for this legislation throughout the summer and fall and advocate for it to be addressed in next year’s budget.

7. Independent Senior Housing Resident Freedom of Choice Act: Bill A.10243 (Cymbrowitz)/S.2276-A (Young), also known as the Freedom of Choice Act, clarifies that individuals living in senior housing have the right to access and obtain the same services that they would if they were an individual residing in the community, from the provider of their choosing.

Outcome: Passed in the Assembly and remained in the Senate Rules Committee. This legislation, originally drafted by LeadingAge NY, saw increased interest this year in the Assembly. We will work to build on this momentum going into next year’s Session.

8. Role of the Nurse in an ACF: A.10384 (Gottfried)/S.7974 (Hannon) would allow all Adult Care Facilities (ACFs) and assisted living providers that employ nurses the option to provide nursing services directly. This is vital to prevent unnecessary spending for your facility.

Outcome: Remained in the Assembly and Senate Health Committees. LeadingAge NY and our ACF members worked hard to get this bill introduced this year – that alone was a heavy lift! We will work to build support for the bill among legislators in advance of next year’s Session.

9. Continuing Care Retirement Communities (CCRC) Revitalization Act: Bill A.10657 (Schimminger)/ S.7778 (Hannon) is crucial to ensure that the requirements and duplicative oversight of CCRCs are changed in the statute.

Outcome: Remained in Senate Aging and Assembly Health Committees. This summer and fall we will work to build support for the bill among legislators in advance of next year’s Session.

Partners in Quality

With the close of the 2015-2016 Legislative Session, now is the time to thank your lawmakers for their efforts. LeadingAge NY has created a special award for you to recognize your federal, state and local elected officials for their advocacy efforts on behalf of your organization and the individuals you serve.

Whether you already have a relationship with a particular official or want to build a new alliance, the Partners in Quality Award provides the opportunity to bring public recognition to office holders who are working to protect New York’s seniors. Your elected officials can play a vital role in your organization’s success, and building and maintaining a relationship with them is essential. If you have an elected official who has been particularly responsive and helpful, thank them with a Partners in Quality Award.

Visit our Partners in Quality page to find the nomination form and further information.

Legislative Bulletin on Hiatus

With the close of the Legislative Session, we will wind down our legislative news coverage. As always, we will keep you posted on any important legislative developments.

Your LeadingAge NY leadership team will also be on the road this summer and fall to present Employee of Distinction and Partners in Quality awards at our member organizations. Both award presentations offer a great opportunity for us to keep in contact with lawmakers and keep them informed of the good work you all are doing.

Now that lawmakers will be returning to their districts, we encourage you to meet with them throughout the remainder of the year – invite them to your organizations to meet your residents and caregivers, and thank them for their hard work in helping us pass and defeat our priority legislation.

If you have any questions or concerns about the bills mentioned in this document or would like to discuss any advocacy initiatives, please don’t hesitate to contact your Public Policy and Advocacy team at 518-867-8383.