Legislative Bulletin: Preparing for the Remainder of Legislative Session
April 10, 2020
With the 2020-21 budget cycle behind us, we now look ahead to the remainder of the 2020 legislative session. It is unclear what the rest of session will look like under an extended State of Emergency, but LeadingAge NY is here to keep you informed.
Looking Ahead to the Remainder of 2020 Session
With the 2020-21 budget cycle behind us, the Legislature is now turning its attention to the remainder of session and determining how it will continue its work during the coronavirus outbreak. Right now, state lawmakers are on their April recess, a two-week break in session during which legislators return to their districts to reconnect with constituents. Session is scheduled to reconvene in Albany on April 20th, and so far, legislative leaders have not suggested any plan to the contrary.
Responding to a statement from the Governor suggesting the legislative session may be over, Assembly Speaker Carl Heastie released a statement denying such. The Speaker said in his press release that “[a]s always, the Assembly stands ready to protect and provide for the well-being of all New Yorkers. Last week we established a system for remote voting, and we are on call to perform our constitutional duties as a co-equal branch of government. The Assembly is in recess (session is not over) at the call of the Speaker.” Senator Gianaris has also confirmed via twitter that the Senate would return to session in some form, when appropriate.
While the specifics of potential virtual processes and legislative priorities are still unknown, it is clear that the Legislature does not believe their work is done. If they adhere to the legislative calendar as it currently stands, session will reconvene in late April and conclude on June 2nd ahead of the State's primary elections.
Health and Human Services Issues Provider Stimulus Money
Health and Human Services has begun issuing COVID-19 stimulus payments to Medicare providers. This first wave of CARES Act funding distributes $30 billion to facilities and providers that received Medicare fee-for-service revenue in 2019, including nursing homes, CHHAs and Hospice. No application is needed – the payments are distributed proportionately to all providers. This funding is a payment, not a loan, although providers will be required to sign the terms and conditions agreement (available here) within 30 days.
Some LeadingAge NY members are already seeing this transfer into their accounts. The money should appear in your organization’s bank account, presumably the same one into which your organization receives Medicare payments, via Optum Bank and should be identified as HHSPAYMENT or HHS STIMULUS in the payment description.
To calculate the estimated payment for your organization, divide your 2019 FFS Medicare revenue by $484 billion, then multiply that by $30 billion. This is an immediate distribution to all providers. We will keep members informed of any additional, targeted funding to come from the CARES Act and other stimulus packages.
Extended Deadline: NH and ACF/AL COVID-19 Cost Survey
In support of Department of Health (DOH) efforts to respond to provider needs, we and other associations are collecting information regarding the financial impact of the COVID-19 pandemic on providers.
Thank you to those who have completed the Nursing Home and Assisted Living cost surveys! These surveys provide critically important information that is required for the State to understand provider financial impacts of COVID-19. We understand that this is an exceedingly busy and stressful time for providers. Your time and attention to this request is sincerely appreciated.
For those that may not have had the opportunity to complete their survey, we will be accepting responses into early next week. They are linked below for easy access:
- Nursing Home COVID Cost Survey – to be completed by CFO/Director of Finance
- Assisted Living COVID Cost Survey – to be completed by Administrator
We understand that this is an added burden during a hectic time and thank members for making the extra effort to respond to this request. If you have questions, please address them to Ken Allison, kallison@leadingageny.org.
Absentee Voting Expanded Ahead of June Primaries
Governor Cuomo announced on Wednesday that he would broadly expand the eligibility criteria for absentee voting. The action is expected to come via executive order and is being taken in preparation for New York’s primary election day. Both State and Presidential primary elections will be held on June 23rd, and while social distancing measures appear to be reducing the spread of COVID-19, it is unclear for how long the precautions will be necessary.
Assemblyman Jeff Dinowitz, a Bronx Democrat backing the absentee ballot expansion move, praised Cuomo’s announcement, though noted the language of the executive order has not yet been released. “Nobody should be denied participation in our electoral process due to fear about personal or public health as a result of the coronavirus”, said Dinowitz.
Implementing New Emergency Paid Sick Leave and Paid FMLA Provisions
The Families First legislation passed March 18th created new federally funded paid leave policies that apply to LeadingAge members—unless you fit into two categories: health care business or small business. LeadingAge National has developed a tool to help members determine if they can claim these exemptions with three simple questions. To get started, click here.
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). We encourage members to keep an eye out for email updates as well as visit our Coronavirus Resources page for the latest news and guidance. We also have re-organized our Member Q&A website so members can more easily navigate and search by service line.
LeadingAge NY is hosting COVID-19 Weekly Update calls, which are held on Mondays from 11 am – 12 pm. You can 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 is also providing helpful resources to keep members informed of the latest. National resources include:
- Coronavirus Resources Page
- COVID-19 Group in the MyLeadingAge Member Community - LeadingAge members can hear from one another and share best practices for dealing with the coronavirus
- Coronavirus Daily Member Update calls at 3:30 pm ET. Past call recordings are available here and you can register here for calls scheduled through 4/26/20.
Contact: Ami Schnauber; 518.867.8854; aschnauber@leadingageny.org
Sarah Daly; 518.867.8845; sdaly@leadingageny.org