Legislative Bulletin: September 2016 Update
Happy September! The LeadingAge NY Advocacy and Public Policy staff have been busy since you last heard from us, and with fall approaching, we are already looking toward the start of the 2017 Legislative Session. Below are a few important updates, reminders, and things to look forward to in 2017:
2017 Budgetary, Legislative and Regulatory Agenda
LeadingAge NY is seeking your organization’s key budgetary, legislative and regulatory priorities for the upcoming Legislative Session and calendar year 2017. Please fill out this form and send it to Jeff Diamond at jdiamond@leadingageny.org or fax it to 518-867-8384 by Fri., Sept. 23rd.
N/NORC Bill Signed by the Governor
We are pleased to report that the Governor has signed A.10201 (Harris)/S.7851 (Golden), which makes it easier for low and moderate income areas to meet the match requirement for state funding of a classic or Neighborhood Naturally Occurring Retirement Community (NORC). The bill lowers the required match of state program funding from 100% to a minimum of 25%, with half of those matching dollars coming from the community served by the program. This eases the challenge of matching funds for N/NORC providers and ensures the continued support of the community. This is an important victory – thank you for your advocacy efforts!
Advanced Home Health Aide Bill Awaiting Governor’s Signature
Legislation authorizing 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 is still waiting to be signed into law by the Governor. LeadingAge NY was previously successful in advocating for the removal of language that would have required staffing ratios. Please send a letter to the Governor urging him to sign the Advanced Home Health Aide bill.
E-Prescribing Requirements Exemption Bill Also Awaiting Governor’s Signature
A bill providing a permanent exemption from the electronic prescribing requirements for certain oral prescriptions is also awaiting the Governor’s approval. Regulations mandating electronic prescribing for all medications went into effect earlier this year, but the Department of Health issued a delay until March 2017 due to the significant implementation problems in the nursing home setting. These problems, if left unaddressed, could cause medication errors, delays in medication administration, increased hospitalizations, or other negative outcomes. Please send a letter to the Governor urging him to sign the e-prescribing requirements exemption bill.
Action Items for the 2017 Session
Throughout the fall, we encourage you to meet with your lawmakers to educate them and build support for some key advocacy issues in advance of next year’s Session. Legislators are in their districts for the rest of the year, making this the perfect time to invite them to your organization or bring your group to their office. Educate them about the challenges you face and ask them to support our agenda. To assist your advocacy efforts for these items, LeadingAge NY has created Advocacy Action Plan and Advocacy Action Plan – Issue Breakdown resources and included links to our legislative position memos.
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. LeadingAge NY’s memo of support is available here.
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 statewide. LeadingAge NY has developed this cost template to assist you in determining the financial impact of the proposed staffing ratio legislation on your facility. This will be powerful information to share with your lawmakers about the true impact of mandated staffing ratios. Union representatives are currently making the rounds interviewing candidates and pushing them on staffing, so now is a critically important time to engage. LeadingAge NY’s memo of opposition is available here.
CCRC Revitalization: Continuing Care Retirement Communities (CCRCs) provide a full range of services, including independent housing, Adult Care Facility (ACF)/assisted living, and nursing home care to residents in a campus setting as their needs change. While the number of CCRCs has grown considerably across the nation, only 12 CCRCs are currently operating in NY. Comprehensive statutory and regulatory reforms are needed in order to modernize the CCRC laws in NY and eliminate barriers to their development, expansion, and efficient operation. A.10657 (Schimminger)/S.7778 (Hannon), the CCRC Revitalization Act, would ensure that this important long term care model is available to seniors in NY. LeadingAge NY’s memo of support is available here.
SSI Increase for ACFs: A.10224 (Brindisi)/S.7333 (Serino) 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. LeadingAge NY's memo of support is available here.
Save the Date: 2017 Advocacy Day
Lastly, the 2017 LeadingAge NY and Adult Day Health Care Council Annual Advocacy Day will be held in Albany on Tues., Feb. 7, 2017. Registration and additional information is forthcoming.
Contact: Jeff Diamond, jdiamond@leadingageny.org, 518-867-8821