Legislative Bulletin: Advocate During Memorial Day Recess

Please Advocate During Memorial Day Recess!

Memorial Day weekend has finally arrived, and the need for your advocacy has never been greater. Members of the Assembly, Senate, and Congress will be in their districts all next week for recess, and it is imperative that they hear from you! LeadingAge NY urges you to call your representatives and schedule meetings with them, either on your campus or in their offices. There are a host of state and federal issues currently under discussion, and important updates and alerts are provided below.

President Trump Unveils FY 2018 Budget Proposal

On Tuesday, President Trump unveiled a $4.1 trillion, “Taxpayer First” budget for FY 2018. The plan prioritizes balancing the federal deficit within 10 years and contains $3.6 trillion in spending reductions to do so. LeadingAge National and LeadingAge NY are deeply disappointed that seniors and aging services providers shoulder a large portion of these proposed cuts.

According to LeadingAge National, the budget proposal “resurrects the $839 billion, ten-year cut in Medicaid spending” that was included in the amended American Health Care Act (AHCA) and “adds $647 billion in cuts to the program over the next decade.” Home and community-based services (HCBS) would be adversely impacted as well, with funding for Community Services Programs, Social Services Block Grants, and the Low Income Home Energy Assistance Program (LIHEAP) completely eliminated. In the affordable housing arena, funding for the Department of Housing and Urban Development (HUD) would be cut by more than 15% compared to its enacted funding level for FY 2017.

Fortunately, this proposal is just the first step in establishing the final FY 2018 budget. It is now up to Congress to develop legislation that will appropriately fund essential aging services and programs, and as the budget process gets underway, lawmakers need to know your priorities. When you meet with your representatives, please emphasize that they should:

• Oppose cuts to Medicaid, and ensure that the program is not changed to per capita caps or block grants;
• Support full funding for HUD programs for FY 2018, expansion of HUD’s Rental Assistance Demonstration for Section 202 properties to help preserve these communities, and expansion of affordable housing resources for older adults;
• Support level funding for OAA Title III B Supportive Services, Title III C Nutrition, and Title III E National Family Caregiver Support Program, the Older Americans Act programs that fund Meals on Wheels, Adult Day Services, and in-home care; and
• Oppose further cuts to Medicare home health and hospice.

Action Alert: Ask Your Congressional Representative to Support Nursing Home Regulatory Reform

Calling all nursing home members! As LeadingAge NY previously reported, Rep. Glenn Grothman (R-WI) is asking his House colleagues to join him in signing a letter to the Centers for Medicare and Medicaid Services (CMS) supporting nursing home regulatory reform. Specifically, the letter asks CMS to suspend implementation and enforcement of Phases II and III of the final Requirements of Participation (RoPs) rule issued in September 2016. It also requests that CMS give nursing homes adequate time to prepare for whatever parts of the rule are ultimately implemented.

Rep. Grothman has extended the sign-on deadline to mid-June to get as many signatures as possible. Please urge your congressional representative to join the letter! Although CMS has expressed interest in reviewing parts of the new rule, it is important for them to know that members of Congress are aware of the issue and support these efforts. LeadingAge National has provided a customizable draft letter for you to quickly and easily send to your lawmakers.

CBO Releases Score for Amended AHCA

On Wednesday evening, the nonpartisan Congressional Budget Office (CBO) released its analysis of the revised AHCA. Under the amended bill, which passed the House of Representatives on May 4^th, the number of uninsured Americans would increase by roughly 23 million over the next decade. This is slightly lower than the CBO’s initial estimate of 24 million under the original legislation. Additionally, through its cuts to Medicaid and private insurance subsidies, the new plan would reduce the cumulative federal deficit by $119 billion over the same period – a $32 billion decrease from the estimated net savings for the previous version.

LeadingAge NY remains strongly opposed to the AHCA, which would strip health insurance from millions of New Yorkers, profoundly restructure and cut billions of dollars from the New York State Medicaid program, and cut reimbursement to the state’s already financially fragile health care providers. As the bill moves to the Senate, where it could ultimately be passed with only 51 votes, it is critical that we use every opportunity to connect with all Republican senators and urge their opposition. LeadingAge National has compiled a list of priority senators, which can be accessed here. Please help us stop this harmful legislation!

Reminder: LeadingAge National’s Save HUD 202 Rally Set for June 27^th

Don’t forget to register for LeadingAge National’s Save HUD 202 Rally, co-hosted by Selfhelp Community Services! The event will be held on Tues., June 27^th from 1-2 pm on the grounds of the U.S. Capitol. 202 housing providers, seniors, nonprofit leaders, and other advocates will be rallying around one simple goal: preserve every 202 home we have, and bring affordable housing to every older adult who needs it. All participants must register to attend. To register yourself or your group, please fill out LeadingAge National’s online registration form. If you are bringing a group, please list the names of all individuals on this separate form and email it to Marsha Padilla-Goad at mpadilla-goad@leadingage.org, or fax it to 202-783-7225.

Help Build Support for LeadingAge NY’s Priority Bills

With only 11 days of session remaining, time is running out to advance priority legislation in the Assembly and Senate. As you meet with your lawmakers next week, be sure to ask them to sign on as co-sponsors of LeadingAge NY’s key bills. They will not move forward without more support!

• Role of the Nurse in Adult Care Facilities: A.2736-A (Gottfried)/S.4398-A (Hannon) would allow all adult care facilities (ACFs) and assisted living providers that employ nurses the option to provide nursing services directly. LeadingAge NY’s memo of support is available here, and you can engage with your legislators quickly and easily by clicking here. There are still only seven Assembly co-sponsors: Dinowitz, D’Urso, Galef, Lifton, Lupardo, McDonald, and Sepulveda. There are no Senate co-sponsors.
• ALP CON Process: A.7727-A (Lupardo)/S.5840 (Hannon), legislation which would convert the Assisted Living Program (ALP) to a certificate of need (CON) process, was reported out of the Senate Health Committee on Tuesday and is now on its second reading! Following its third reading, the bill will be placed on the Senate Floor Calendar for debate. LeadingAge NY’s memo of support can be accessed here, and we urge you to contact your representatives and ask them to sign on to this legislation by clicking here. There is now one Assembly co-sponsor: Assembly Health Chair Richard Gottfried. There are still no Senate co-sponsors.
• Capital Funding for Assisted Living Programs: A.1612-A (Magnarelli)/S.6319 (Hannon), a bill which would enable ALPs to access Vital Access Provider (VAP) and Health Care Facility Transformation Program funds allocated in the final 2017-18 State Budget, was also reported out of the Senate Health Committee on Tuesday and has advanced to second reading. Click here for LeadingAge NY’s memo of support and here to connect with your lawmakers. There are still no Senate or Assembly co-sponsors.
• SSI Increase for ACFs: A.6715-A (Brindisi)/S.2137-A (Serino), legislation which would increase the Supplemental Security Income (SSI) rate by $20 per resident per day over five years, advanced on Tuesday from the Senate Social Services to the Senate Finance Committee. LeadingAge NY’s memo of support is available here, and we urge you to call your legislators and ask them to co-sponsor this bill. With the addition of Senator Pamela Helming this week, there are now 20 Senate co-sponsors: Amedore, Avella, Croci, DeFrancisco, Funke, Gallivan, Golden, Griffo, Hannon, Helming, LaValle, Little, Marcellino, Murphy, Ortt, Ranzenhofer, Ritchie, Robach, Savino, and Valesky. There are still no Assembly co-sponsors.
• CCRC Revitalization Act: A.6450 (Schimminger)/S.5172 (Hannon) would reform Continuing Care Retirement Community (CCRC) laws and regulatory oversight, eliminating many of the current barriers to developing, expanding, and efficiently operating CCRCs in New York State. Click here to access LeadingAge NY’s recent report on the economic benefits of the CCRC model, here for our memo of support, and here to contact your legislators. There are still only three Assembly co-sponsors: Gottfried, Lupardo, and Morelle. There are no Senate co-sponsors.
• Affordable Senior Housing and Services Program: With $125 million for senior housing included in the final 2017-18 State Budget, A.6804 (Cymbrowitz)/S.5141 (Little) would establish an Affordable Senior Housing and Services Program with its own rules and scoring criteria and would also provide for optional basic healthy aging services for senior housing residents. LeadingAge NY’s memo of support is available here, and we urge you to engage with your lawmakers here. There are still no Assembly or Senate co-sponsors.
• TBI/NHTD Carve-out of Medicaid Managed Care: A.2442 (Gottfried)/S.1870 (Hannon) would make the two-year delay of the transition of the Traumatic Brain Injury (TBI) and Nursing Home Transition and Diversion (NHTD) waivers into Medicaid managed care a permanent carve-out. Click here to access LeadingAge NY’s memo of support and here to contact your legislators. There are still only six Assembly co-sponsors: D'Urso, Lopez, Lupardo, Lupinacci, Raia, and Ramos. There are five Senate co-sponsors: Boyle, Brooks, Larkin, Marchione, and Phillips.

In addition, LeadingAge NY continues to be strongly opposed to A.1532 (Gunther)/S.3330 (Hannon), which would create specific staffing ratios for nurses and other direct care staff in hospitals and nursing homes at a cost of approximately $1.06 billion to nursing homes statewide. We have developed a cost template to assist you in determining the financial impact of this legislation on your facility, which will be powerful information to share with your lawmakers. Click here for LeadingAge NY’s memo of opposition and here to contact your legislators.

There are currently 104 Assembly co-sponsors: Abbate, Abinanti, Arroyo, Aubry, Barnwell, Barron, Benedetto, Bichotte, Blake, Brabenec, Brindisi, Bronson, Buchwald, Butler, Byrne, Cahill, Carroll, Colton, Cook, Crespo, Cusick, Cymbrowitz, D'Urso, Davila, De La Rosa, DenDekker, Dilan, Dinowitz, Englebright, Errigo, Fahy, Farrell, Galef, Gjonaj, Glick, Gottfried, Graf, Harris, Hevesi, Hooper, Hunter, Hyndman, Jaffee, Jean-Pierre, Jenne, Johns, Jones, Joyner, Kavanagh, Kearns, Kim, Lavine, Lentol, Lifton, Lupardo, Lupinacci, Magee, Magnarelli, Mayer, McDonough, McKevitt, M.G. Miller, M.L. Miller, Montesano, Mosley, Niou, Nolan, O'Donnell, Ortiz, Otis, Paulin, Peoples-Stokes, Perry, Pheffer Amato, Pichardo, Pretlow, Ra, Ramos, Richardson, Rivera, Rosenthal, Rozic, Ryan, Santabarbara, Seawright, Sepulveda, Simon, Simotas, Skartados, Skoufis, Solages, Steck, Thiele, Titone, Titus, Vanel, Walker, Wallace, Walsh, Weprin, Williams, Woerner, Wright, and Zebrowski.

There are 23 Senate co-sponsors: Addabbo, Alcantara, Avella, Bailey, Bonacic, Breslin, Brooks, Carlucci, Comrie, Hamilton, Hoylman, Kaminsky, Kennedy, Krueger, Latimer, Murphy, Parker, Peralta, Persaud, Sanders, Serino, Serrano, and Stavisky.

If your representatives are listed, it is especially important that you educate and encourage them to remove their names from the bill.

ACF Safety Violations Bill Laid Aside in Assembly

Because of your advocacy, A.2743 (Gottfried), a bill relating to safety violations in ACFs, was laid aside in the Assembly on Wednesday and did not go to a vote as planned. LeadingAge NY supports efforts to address egregious violations of resident rights and actions that bring harm to ACF and assisted living residents, but we opposed this legislation because it would have imposed unduly aggressive penalties for violations which already carry significant consequences. This is a major victory – thank you for making your voice heard!

HCR Commissioner Appears Before Senate Housing Committee

On Wednesday, New York State Homes and Community Renewal (HCR) Commissioner RuthAnne Visnauskas appeared before the Senate Housing Committee. In her remarks, the Commissioner expressed concerns about the impact of President Trump’s proposed budget on housing programs, namely the Department of Energy’s (DOE) Weatherization Assistance Program. She also noted that under the proposal, senior housing residents would have to spend a larger percentage of their income on housing.

When asked about low income housing tax credits at the federal level, the Commissioner voiced her support for increasing credits for residents with a low Area Median Income (AMI) percentage and mentioned attempts to recycle and use bonds for economic development projects. In addition, she explained that the Rental Assistance Demonstration (RAD) program has been expanded nationwide, which will allow states to use federal funds for specifically targeted projects.

Democrats Win Big in Two Special Elections

Lastly, Democrats emerged victorious in the two state-level special elections held on Tuesday. In the race to fill New York City Councilman Bill Perkins’ former Senate seat, Brian Benjamin cruised to victory with 91.3 percent of the vote, compared to 2.7 percent for Republican Dawn Simmons and 2 percent for Reform Party candidate Ruben Vargas. The more surprising result occurred on the Assembly side, however, with Christine Pellegrino scoring an upset victory over Republican Thomas Gargiulo in the race to represent the 9^th Assembly District. With all precincts reporting, Pellegrino garnered 58 percent of the vote to Gargiulo’s 42 percent. President Trump won the district by 23 points last year, and the seat, held most recently by Town of Oyster Bay Supervisor Joseph Saladino, had been solidly Republican for decades.

Contacts:

Ami Schnauber, aschnauber@leadingageny.org, 518-867-8854

Jeff Diamond, jdiamond@leadingageny.org, 518-867-8821