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Legislative Bulletin: Several ACF/AL Bills Moving Through Legislature

Advocacy Alert: Several ACF/AL Bills Moving in Senate

Much like the temperature this week, legislative activity in the Capitol is quickly heating up! Several of LeadingAge NY’s priority bills relating to adult care facilities (ACFs) and assisted living have been placed on Senate committee agendas for next week. These bills, as you will see below, have very few co-sponsors and will not advance without more support. Your advocacy can make the difference!

  • ALP CON Process: LeadingAge NY is very pleased to report that A.7727-A (Lupardo), legislation which would establish a certificate of need (CON) process for the Assisted Living Program (ALP), was introduced in the Assembly late last week. We would like to thank Assembly Aging Chair Donna Lupardo for her sponsorship of this critically-needed bill. On Tuesday of next week, S.5840 (Hannon), the bill’s Senate companion, will come before the Senate Health Committee. Click here for our memo of support on A.7727-A (Lupardo)/S.5840 (Hannon) and here to contact your lawmakers, urging them to sign on to this legislation. There are currently no Senate or Assembly co-sponsors.
  • Capital Funding for Assisted Living Programs: S.6319 (Hannon), legislation enabling ALPs to access Vital Access Provider (VAP) and Health Care Facility Transformation Program funds allocated in the final 2017-18 State Budget, is also on the agenda for Tuesday’s Senate Health Committee meeting. LeadingAge NY’s memo of support on A.1612-A (Magnarelli)/S.6319 (Hannon) and A.1650 (Magnarelli) is available here. To reach out to your legislators and request their co-sponsorship of this bill, please click here. There are currently no Senate or Assembly co-sponsors.
  • SSI Increase for ACFs: S.2137-A (Serino), a bill which would increase the Supplemental Security Income (SSI) rate by $20 per resident per day over five years, has been placed on the Senate Social Services Committee agenda for Tuesday. With this year’s budget failing to include an increase in SSI, it has now been 10 years since the last increase. Such infrequent, unpredictable increases have made it extremely difficult for ACFs to serve low income seniors. If ACFs close or can no longer afford to serve SSI recipients, those residents are likely to go to a nursing home unnecessarily, at great cost to the state’s Medicaid program. An increase in the SSI rate will ultimately save Medicaid dollars and ensure that seniors have the highest quality of life possible. LeadingAge NY’s memo of support on A.6715-A (Brindisi)/S.2137-A (Serino) is available here, and we encourage you to call your lawmakers and ask them to sign on to this vital legislation. There are currently 19 Senate co-sponsors: Amedore, Avella, Croci, DeFrancisco, Funke, Gallivan, Golden, Griffo, Hannon, LaValle, Little, Marcellino, Murphy, Ortt, Ranzenhofer, Ritchie, Robach, Savino, and Valesky. There are no Assembly co-sponsors.

ACF Safety Violations Bill Placed on Assembly Floor Calendar

Action alert! After being reported out of the Assembly Codes Committee on Tuesday, A.2743 (Gottfried), legislation relating to safety violations in ACFs, has been placed on the Assembly Floor Calendar for Mon., May 22nd. It specifically would require an annual audit of facilities receiving funds under the EQUAL program, increase maximum civil penalties for ACF violations from $1,000 per day to $5,000 per violation per day, and authorize a pre-hearing suspension or limitation of an ACF’s operating certificate in cases of imminent danger to residents. LeadingAge NY needs your help stopping this bill. While we are supportive of efforts to address egregious violations of resident rights and actions that bring harm to residents of adult care and assisted living facilities, we are concerned that this bill imposes unduly aggressive penalties for violations which already carry significant consequences.

Please contact your Assemblymember TODAY and ask him or her to oppose A.2743 (Gottfried) when it comes up for a vote. We also encourage you to email or fax your representative a copy of our opposition memo.

Comptroller DiNapoli Releases Budget Report

On Thursday, State Comptroller Thomas DiNapoli released his report on the 2017-18 Enacted State Budget. While the report praises the budget’s inclusion of important criminal justice reforms and “increased resources for education, clean water, affordable housing, and other essential programs,” it criticizes the budget process for failing to meet certain standards of transparency and accountability. The Comptroller points specifically to the large amounts of lump sum spending that “allow taxpayer dollars to be spent with minimal disclosure” and the budget’s enactment before the public and legislators had time to review important elements.

The report also goes on to address the “unpredictable nature of federal budget and policy discussions,” particularly as they relate to health care and other services. According to the Comptroller, while the budget does create a process to manage potential cuts to federal aid, it leaves uncertainty as to how the adjustments would impact entities relying on state funding.

To access the full report, please click here.

LeadingAge Announces June 27th Date for Save HUD 202 Rally

Mark your calendars! LeadingAge National’s Save HUD 202 Rally, co-hosted by LeadingAge NY member Selfhelp Community Services, has been scheduled for Tues., June 27th from 1-2 pm in Washington, DC. The Save HUD 202 campaign, as previously reported, seeks to prevent cuts to the Department of Housing and Urban Development (HUD) Section 202 Housing for the Elderly program, maintain 100% funding for those currently served by affordable housing, and expand funding to create new affordable housing for older adults. 202 housing providers, seniors, nonprofit leaders, and other advocates plan to assemble on Capitol Hill to demonstrate support for the program, and we hope you will join.

It is important that all participants register to attend the rally. 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.

For more details on the Save HUD 202 Rally, please click here. Additional information about the campaign, including resources to help you engage on Facebook and Twitter, can be accessed here.

Reminder: Connect with State and Federal Lawmakers During Memorial Day Recess

Don’t miss a critical opportunity to connect with your state and federal lawmakers! Members of the Legislature and Congress will be back in their districts during Memorial Day week, and with several issues affecting seniors and aging services providers under consideration, your advocacy is needed. Please call your lawmakers during the recess and encourage them to tour your community, or schedule appointments to meet with them in their district offices. It is incredibly important that they know your priorities and concerns.

As you engage with your Assembly and Senate representatives, please educate them on LeadingAge NY’s key bills and urge them, if they have not already, to sign on as co-sponsors:

  • Affordable Senior Housing and Services Program: The final 2017-18 State Budget allocated $125 million for the development or rehabilitation of 100% senior housing, targeted to low income seniors aged 60 and above. 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. This program would help address the demand for safe, decent affordable housing for seniors, while also ensuring that seniors are not unnecessarily placed in more costly and restrictive institutional settings. Click here for LeadingAge NY’s memo of support and here to contact your lawmakers. There are currently no Assembly or Senate 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. LeadingAge NY’s memo of support is available here, and you can send a pre-written letter to your representatives by clicking here. Our recent report on the economic benefits of the CCRC model will be a valuable tool to share with lawmakers as well. There are currently three Assembly co-sponsors: Gottfried, Lupardo, and Morelle. There are no Senate co-sponsors.
  • Role of the Nurse in Adult Care Facilities: A.2736 (Gottfried)/S.4398 (Hannon) would allow all ACFs and assisted living providers that employ nurses the option to provide nursing services directly. Simply allowing nurses to be nurses in the ACF setting would not only improve outcomes and quality of life for seniors, but would also result in significant Medicaid savings. Click here to review LeadingAge NY’s memo of support and here to engage with your lawmakers. There are currently seven Assembly co-sponsors: Dinowitz, D’Urso, Galef, Lifton, Lupardo, McDonald, and Sepulveda. There are no Senate co-sponsors.
  • TBI/NHTD Carve-out of Medicaid Managed Care: The Department of Health (DOH) agreed in a side letter issued last month to delay the transition of the Traumatic Brain Injury (TBI) and Nursing Home Transition and Diversion (NHTD) waivers into Medicaid managed care until Jan. 1, 2019. A.2442 (Gottfried)/S.1870 (Hannon) would make this delay a permanent carve-out. There are no cost savings associated with moving TBI/NHTD into managed care, and given the significant programmatic changes absorbed by Medicaid managed care and Managed Long Term Care plans in recent years, LeadingAge NY believes that the interests of all stakeholders would be best served by focusing on current populations and benefits. Click here to access our memo of support and here to contact your legislators. There are currently six Assembly co-sponsors: D'Urso, Lopez, Lupardo, Lupinacci, Raia, and Ramos. There are five Senate co-sponsors: Boyle, Brooks, Larkin, Marchione, and Phillips.

When you connect with your congressional representatives, be sure to ask them to oppose cuts to Medicaid, any proposals to impose block grants or per capita caps on the Medicaid program, and further cuts to Medicare home health and hospice. LeadingAge NY’s issue brief on the American Health Care (AHCA) will be a valuable resource for you to share. In addition, it is critical that lawmakers support the expansion of affordable housing resources for older adults and level funding for the Older Americans Act programs that fund Meals on Wheels, Adult Day Services, and in-home care.

LeadingAge NY Staff to Provide State Legislative and Budget Update at Annual Conference

Attention LeadingAge NY Annual Conference attendees! On Wed., May 24th, Dan Heim, Executive Vice President, and Ami Schnauber, Vice President of Advocacy and Public Policy, will be presenting a session on the current legislative and budget issues facing members. This will be a valuable opportunity to learn about the latest developments in Albany and what is in store for the rest of the Legislative Session. We hope you will be able to join us!

Click here for more information on the Annual Conference & Exposition, which will be held next week at the Saratoga Hilton and Saratoga Springs City Center.

Two Special Elections to Be Held Next Week

Lastly, special elections to fill two vacancies in the Legislature are set to be held next Tues., May 23rd. On the Assembly side, Democrat Christine Pellegrino and Republican Thomas Gargiulo will face off for the seat formerly held by Joseph Saladino, who in January became supervisor of the Town of Oyster Bay on Long Island. On the Senate side, Democrat Brian Benjamin, Republican Dawn Simmons, and Reform Party candidate Ruben Vargas are competing to fill the seat formerly held by Bill Perkins, who was elected to the New York City Council in February.

Contacts:

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

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