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Legislative Bulletin: Executive Budget Proposal Expected Next Week

The Governor is expected to deliver his Executive Budget Address on Tuesday. In the meantime, lawmakers got to work on a package of limo safety bills and discussed changes to the bail reform laws enacted in 2019.

Assembly and Senate Get Right to Work

State lawmakers returned to Albany on Monday for a three-day session week comprised of committee meetings and more debate on bail reform. Senate and Assembly Republicans continue to voice their concerns around the new law that ended cash bail requirements for those with misdemeanors and non-violent felonies known. Meanwhile, Democratic lawmakers in both the Assembly and Senate have introduced bills designed to alter the new law, such as allowing judges to determine whether a person is too dangerous to be released. But for now, Senate Majority Leader Andrea Stewart-Cousins has said her conference is assessing the options.

Another legislative focus this week was a package of limo safety laws, which was passed in the Assembly on Wednesday. The package of bills was prompted by a tragic limousine crash in Schoharie that claimed the lives of 20 people in 2018. The legislation passed on Wednesday is designed to make sure that drivers and passengers of for-hire stretch limousines are safer while they are on the road.

 

Prevailing Wage and Psychotropic Medications Legislation Move in the Assembly

The Assembly is moving once again on two pieces of legislation which LeadingAge NY opposed throughout the 2019 session. First, A.1261 (Bronson)/S.1947 (Ramos) would impose public works “prevailing wage” requirements on most types of private sector projects receiving any level of financial support from state or local entities, including bond issuances, grants, tax abatements, and other government assistance. Prevailing wage requirements could increase labor costs by 25 percent or more.

The bill was laid out for consideration in the Assembly on Wednesday afternoon, but was promptly laid aside, meaning that the bill will be debated or subject to negotiations. We made great progress on the issue of prevailing wage last year, but we need your help to ensure that legislators continue to hear our concerns. Please click here to urge your lawmakers to oppose prevailing wage for non-profit projects.

Second, A.1033 (Gottfried)/S.5441 (Sepulveda), a bill that would require an enhanced level of informed consent before psychotropic medications could be prescribed for residents of nursing facilities or adult care facilities (ACFs), was also laid aside after being brought up for consideration in the Assembly. While LeadingAge NY recognizes the importance of informed consent, this bill has several provisions rendering it impractical and potentially harmful to residents of these facilities.

Last year, the psychotropic medications legislation was passed in the Assembly, but it failed to advance in the Senate. This year, we need to ensure that Assemblymembers hear our concerns about this bill loud and clear. Please click here to ask your legislators to oppose further restrictions on psychotropic medications in nursing homes and ACFs.

 

Executive Budget Proposal Expected Next Week

Another week has come and gone without the unveiling of the State Fiscal Year (SFY) 2020-2021 Executive Budget Proposal. Although there had been rumors since the first of the year that we would be seeing an early budget, it appears that 2020 will fall in line with years past. It was announced on Wednesday that the Governor’s Executive Budget Address will take place on Tuesday, Jan. 21st at 1 pm. We expect that the details of the budget will be made public shortly after that address, at which point LeadingAge NY staff will work diligently to review its contents and assess the potential impact on long-term and post-acute providers.

As has been widely reported, this will be a uniquely challenging budget year due to a $6 billion deficit, $4 billion of which is attributed to rising costs of the Medicaid program. The State has already moved forward with a 1 percent across the board (ATB) cut to all Medicaid providers effective Jan. 1st, and it’s possible that we will be seeing more ATB cuts in the Executive Budget Proposal. Additionally, we are hearing that there is potential for Managed Long Term Care (MLTC) plans to see some changes in eligibility and/or cuts to rates. The Consumer Directed Personal Assistance Services (CDPAS) program may also see some changes due to the extensive growth, and therefore increase of costs, in that program.

LeadingAge NY will issue a brief budget overview within 24 hours of the budget’s release. We then will distribute a comprehensive memo on the Executive Budget Proposal, covering all service lines, no later than Tuesday, Jan. 28th.

 

LeadingAge NY Holds Pre-Budget Virtual Press Conference

On Monday morning, LeadingAge NY hosted a virtual press conference to raise awareness of the challenging environment in which long-term care providers are currently operating. Ami Schnauber, V.P. of Advocacy and Public Policy was on the mic shedding light on New York’s aging demographic, declining workforce, and unsustainable Medicaid rates. Ami also used the time to propose several solutions to these challenges, including implementing the resident assistant model in senior housing, providing an increase to Supplemental Security Income (SSI), enabling nurses to work within their full capacity in ACF and assisted living settings, allowing medication technicians in nursing homes, and providing funding for workforce development.

Following the press conference, LeadingAge NY issued a press release to major news outlets. We were pleased to have The Associated Press, The Wall Street Journal, and Crain’s participate in this first virtual press conference, and we anticipate hosting another during budget negotiations to ensure that LeadingAge NY members’ concerns are heard.

 

LeadingAge NY and Other Affordable Housing Groups Outline 2020 Budget and Policy Priorities

On Jan. 15th, a coalition of 14 organizations issued a press release to unveil their proposals for funding affordable housing in this year’s budget and for a new Five-Year Housing Plan for 2022-2027. The coalition consists of groups representing senior housing, supportive housing, homeless services, and rural and affordable housing providers, including LeadingAge NY, the New York State Association for Affordable Housing, AARP New York, CHS, Center for NYC Neighborhoods, Enterprise Community Partners, Habitat for Humanity NYC, LISC NYC, LiveOn NY, New York Housing Conference, New York State Public Housing Authority Directors Association, New York State Rural Advocates, Regional Plan Association, and Supportive Housing Network of New York.

The proposals related to senior housing include:

  • Appropriating funding for the Affordable Independent Senior Housing Assistance Program ($2 million in the final year of the current five-year plan and $2 million annually in the new five-year plan). This program would provide for resident assistants for low-income seniors living in existing and new senior housing, affording them access to an array of services focusing on wellness and healthy aging so they may live independently in the community and avoid higher cost Medicaid services.
  • Investing $140 million over five years for the development of new affordable independent senior housing as part of a new five-year plan – an increase of $15 million over the current five-year funding plan.
  • Leveraging private financing with Section 8 by dedicating 200 project-based Section 8 vouchers to senior housing annually to support the development of units for very low-income seniors.

In a statement given with the release of the housing proposal, Ami Schnauber, V.P. of Advocacy and Public Policy for LeadingAge NY, stated, “New York’s senior population is on the rise, with the number of adults over age 65 increasing by 50 percent, and those over the age of 85 doubling over the next 20 years. This growth is driving a big demand in affordable senior housing, with current waiting lists up to seven years long. We are asking the Governor and the Legislature to dedicate funding for affordable senior housing development and support services to ensure New York’s seniors are able to live independently in the community and avoid higher cost Medicaid services.”

The release of the coalition’s housing proposal was covered by New York State of Politics. The article may be read here.

 

2020 Advocacy Days Quickly Approaching

LeadingAge NY’s first 2020 Advocacy Day is almost two weeks away! If you haven’t already started, now is the time to schedule Albany meetings with your lawmakers. Given the fiscal position of the State and the focus on Medicaid spending in particular, your advocacy is vital in accomplishing our budgetary and legislative goals.

We need your help educating lawmakers about the impact of budget cuts and mandates on your organization. We hope that you can join us for a full day of grassroots advocacy on either (or both) of the following dates:

  • Tuesday, Feb. 4th – Focused on Medicaid issues for Nursing Homes, MLTC, Home Care, Hospice, Adult Day Health Care – Register Now!
  • Tuesday, March 3rd – Focused on Assisted Living, Housing, Aging Services (Social Day, Naturally Occurring Retirement Community (NORC)/Neighborhood NORC (NNORC)) – Register Now!

Advocacy Days serve as an opportunity for providers to connect with their lawmakers in Albany, where many important budget decisions are made. LeadingAge NY is here to make it as easy as possible for you! If you are new to Advocacy Days and need assistance in setting up meetings with lawmakers, please do not hesitate to contact Sarah Daly at sdaly@leadingageny.org. Additional resources for members to use in setting up meetings include the Find Your Legislator tool and this simple scheduling guide to help you get on legislators’ calendars. Once your meetings are scheduled, please forward your meeting details to Sarah (sdaly@leadingageny.org). Members should visit the Advocacy Day page on the LeadingAge NY website for full event details.

 

Advocacy Day Prep Call Set for Jan. 31st

In preparation for Advocacy Day, LeadingAge NY and the Adult Day Health Care Council will be hosting a conference call for all attendees on Friday, Jan. 31st from 11 am to 12:30 pm. We plan to go over our materials (which will be distributed prior to the call), review important logistics, and answer any questions that participants may have. To join, please dial 1-888-475-4499 and enter the Meeting ID: 187-280-167. You can also join the call via this link.

LeadingAge NY staff are hard at work doing analysis and developing messaging about the financial condition of Medicaid providers and the year-over-year cuts and increased mandates they have faced. We will be sure that you are prepared to tell your story to the lawmakers from your region.

 

January Capitol Hill Insights Call Will Feature U.S. Senate Staffer

Join LeadingAge National for the next Capitol Hill Insights Call on Thursday, Jan. 23rd at 2 pm to hear from Conor Sheehey, lead health staff person for U.S. Senator Tim Scott (R-SC). Senator Scott is a cosponsor of the Certified Nursing Assistant (CNA) Lockout legislation, a LeadingAge priority, and Conor will be sharing his latest insights on the status of the bill and other updates.

Thursday’s call will also cover the latest updates from LeadingAge experts on aging services policy in Congress. Important topics will be discussed such as:

  • Update on the New CNA Lockout Bill in the U.S. Senate
  • Housing Funding and Policy Update
  • Home Health Payment Policy Legislation

This meeting will be interactive, and there will be a chance to ask questions via your computer or over the phone. Let LeadingAge National know that you plan to join by signing up for the call at this link!

 

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

               Sarah Daly; 518.867.8845; sdaly@leadingageny.org