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Legislative Bulletin: 2020 Legislative Session - A Long, Strange Trip

August 7, 2020

NH and ACF Testing Requirements Extended to September 4th 

On Wednesday, August 5th, the Governor issued Executive Order 202.55 which extends previously enacted Executive Orders to September 4th, including the required COVID testing of personnel in nursing homes and adult care facilities.

More specifically, the following two Executive Orders were extended to September 4, 2020:

  1. Executive Order 202.30 Requires that the operator and administrator of all nursing homes and all adult care facilities test or make arrangements for the testing of all personnel, including all employees, contract staff, medical staff, operators and administrators, for COVID-19, twice per week.  This is the initial EO which sets forth the testing requirement. 
  2. Executive Order 202.40 - Changes the requirement of twice weekly testing at nursing homes to once weekly testing for those facilities that are in regions that have entered Phase II of reopening.

All provisions under EO 202.30 were also extended and include: facility compliance with rules and regulations, penalties for non-compliance, suspension and revocation and appointment of receiver for noncompliance, prohibition of personnel refusing to test, and hospital discharge to nursing homes only upon negative test. 

 

2020 Legislative Session: A Long, Strange Trip

While lawmakers remain busy with joint legislative hearings, district work, and preparing for a rapidly approaching general election, it is becoming more and more clear that legislative work for the 2020 Session has concluded…. we think. The Legislature’s July session was adjourned at the call of the Speaker and Temporary President, meaning the Legislature can technically reconvene at any time they deem necessary. All typical legislative work has been accomplished. However, there are several influential factors that could potentially bring the Legislature back to Albany yet again.

The State is facing a mounting budget gap. There is no clear indication of what, if any, federal relief the State can expect to receive. Federal lawmakers are currently in a stalemate as they are negotiating the next federal relief package. It is understood that absent substantial federal aid, the State will potentially be looking at cuts of up to 20% for sectors such as health care and education.

This afternoon, Governor Andrew Cuomo, Senate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl Heastie today sent a joint letter to New York's Congressional Delegation outlining the urgent need for federal aid for state and local governments in the anticipated relief package. The State needs $30 billion in aid over the next two years to meet its financial obligations and avoid detrimental cuts.

We are living in uncertain times which is directly reflected in the unusual legislative session that we have seen unfold over the last 7 months. Naturally, the State’s fiscal position is front of mind for legislative leaders, as is the potential need for additional COVID-19 related legislative action.

After this week, Legislative Bulletin will be taking a brief break, but will return upon the announcement of any substantial legislative news. LeadingAge NY will continue to monitor all legislative activity and will inform members of noteworthy developments.

In the meantime, it is critical that LeadingAge members stay connected with local, state and federal lawmakers over the coming months. State legislators are up for re-election in November and they want to hear from you! There are also several open Senate and Assembly seats, which means there may be new candidates running in your district that need to be educated on long term care. It is vital that all lawmakers, old and new, understand the issues that are impacting long-term care providers.

If you would like to connect with an elected official or a new candidate running for and Assembly or Senate seat, but are not sure how to get started, contact Sarah Daly at sdaly@leadingageny.org. Additionally, you can find your lawmakers here!

 

Governor Cuomo Signs Bill Narrowing Health Care Provider Immunity

On Monday evening, Governor Cuomo signed bill A.10840 (Kim)/S.8835 (Sepulveda), which narrows the scope of the protections offered by the Emergency or Disaster Treatment Protection Act. The bill is effective immediately and is prospective, meaning care provided or actions taken from March 2020 to August 5th, 2020 are still protected by the Act.

LeadingAge NY issued a comprehensive memo of opposition when the bill was introduced and alerted LeadingAge NY members to advocate in opposition, however, despite our best efforts the bill was passed in both houses and is now in effect.

Although the passing of this bill is discouraging and unfortunately narrows reasonable and well-deserved protections for health care providers, thanks to your advocacy a different version of the bill which would have been retroactive and repealed the Act all-together failed to advance. We thank our members for your continued participation in advocacy!

 

Urge Congress to Support Medicare Home Health and Hospice Providers

Leaders in Congress are negotiating the next major COVID-19 relief package. NOW is the time to make your voice heard to ensure that home health and hospice providers are supported in the final relief bill.

Home health and hospice providers’ critical needs that MUST be in the next relief package include:

  • Additional relief through the Provider Relief fund.
  • Funds for rapid and regular testing.
  • Support for home health telehealth reimbursement.
  • Authority for verbal orders for home health providers.
  • Support for expanded hospice respite care.
  • Permanent authority to perform the hospice face-to-face recertification via telehealth.

Additionally, Senator Brown and Senator Moore Capito have introduced the COVID-19 Hospice Respite Care Relief Act of 2020 (S. 4423), which will grant authority to waive the current 5-day maximum and allow respite care for up to 15 consecutive days. It will allow respite care to take place outside of inpatient settings during an emergency.
We need this piece of legislation, as well as the crucial needs listed above, to be a part of the next COVID-19 relief bill. Please click here send a message to Congress TODAY!
 

Nursing Home Hearing Sets the Stage for LeadingAge NY Testimony Next Week

The Senate Standing Committees on Health, Aging, and Investigations & Governmental Operations, and the Assembly Standing Committees on Health, Aging, and Oversight, Analysis, & Investigation held a joint public hearing on Monday via web conferencing. It was the first of two hearings intended to gain insight on the COVID-19 impact on nursing homes and other long-term care settings, as well as the State’s enacted policies and data processes. The committees received testimony from stakeholders with a focus on New York City, Long Island, and Westchester regions.

The hearing covered a range of topics, with testimony on the Department of Health (DOH) and the Executive's responses; the impact of the virus on facilities, workers, and residents; as well as future measures which would better equip nursing homes to handle crises. A significant portion of the hearing was dedicated to testimony from DOH Commissioner, Dr. Howard Zucker, which largely focused on the department's report on COVID-19 in nursing homes and the March 25th directive that barred nursing homes from refusing COVID patients returning from hospitals. Also testifying were advocates, nursing home staff members, labor relations representatives, and families of residents. Oral testimony and questions ran until after 9 PM on Monday. Archived video recordings of the lengthy hearing are saved in three installments on the Assembly website.

LeadingAge NY will be providing oral and written testimony at the next hearing, scheduled for Monday, August 10th at 10 AM. This hearing is intended to have a focus on upstate NY nursing homes and long-term care. The hearing will be streamed here.

 

Reminder: LeadingAge NY Weekly COVID-19 Call Rescheduled

Due to scheduling conflicts with the upcoming Joint Legislative Hearing on residential health care facilities and COVID-19, LeadingAge NY will be holding next week’s COVID-19 update webinar on Wednesday, August 12th at 11 AM.

As always, members can click here to join the call from your computer, android or apple device. Or you can join the call by dialing in: 888 475 4499 (Toll-Free); Webinar ID: 852 964 255.

 

LeadingAge & LeadingAge NY Coronavirus Resources

LeadingAge NY is closely following all COVID-19 news and doing our best to keep members informed of updates, recommendations and guidelines from the Department of Health (DOH).

LeadingAge NY and LeadingAge National Member resources are linked below.

LeadingAge NY Coronavirus Resources

LeadingAge NY COVID-19 Weekly Update calls – Mondays, 11 am – 12 pm. Click here to join the call from your computer, android or apple device. Or you can join the call by dialing in: 877 853 5257 (Toll Free); Webinar ID: 852 964 255.

LeadingAge National Coronavirus Resources Page

COVID-19 Group in the MyLeadingAge Member Community

Coronavirus Daily Member Update calls – Monday - Friday from 3:30-4:30 p.m. ET. Past call recordings are available here and you can register here for future calls.

 

Contact: Ami Schnauber; 518.867.8854; aschnauber@leadingageny.org

               Sarah Daly; 518.867.8845; sdaly@leadingageny.org