Legislative Bulletin: Final Budget Bills are in Sight, but Not in Print

May 2, 2025

Final Budget Bills are in Sight, but Not in Print

The New York State Budget is officially one month late. This week, State legislators returned to Albany to continue budget talks and resume regularly scheduled legislative activities.

On Monday, the Governor announced that a State Fiscal Year (SFY) 2026 budget agreement had been reached with the Legislature. While the Governor announced agreement on several key policy issues, some specific funding actions, including those pertaining to long-term care and housing, appeared unsettled for most of the week. Yesterday, the Legislature and Governor approved one last budget extender to carry budget work through May 7 and maintain state funding at SFY 2024-25 levels for another week. The extender was the tenth of its kind, and hopefully the last of this year’s state budget work.

As of this writing, there are no final state budget bills in print. LeadingAge NY suspects that some finer details of the budget are being settled, and we may see budget bills in print over the weekend, or perhaps on Monday, May 5.

LeadingAge NY will continue to closely monitor state budget developments and will keep members apprised as we learn more. Members can expect to receive a brief budget update from us in short order following the release of the Health and Mental Health (HMH) budget bill and bills most pertinent to our senior housing and aging services membership. A comprehensive final budget memo will also be provided in the week following the passage of the Final State Budget for SFY 2026.   

Members interested in continuing their advocacy while we await budget bills are encouraged to do so via social media! Keep in mind that LeadingAge NY offers a state budget social media toolkit, which provides pre-written social media posts, along with graphics and videos created by members, residents and staff.

Thank you to all our members who have advocated with us for the last several months! We are nearing the finish line!

 

ACTION ALERT: Oppose New Unfunded Mandates on Nursing Homes!

While LeadingAge New York works tirelessly to advocate for necessary state budget measures, we are also monitoring and advocating on all state legislative activity.

Unfortunately, a bill which LeadingAge NY strongly opposes was approved by the Senate Health Committee this week and was reported to the Senate Finance Committee. The legislation, A.1365-A (Paulin)/S.15-A (Skoufis), would require nursing homes to develop and submit to the Department of Health (DOH) a plan for a designated location for the storage of bodies of deceased persons who pass while living in a nursing home, in the event of a declared disaster emergency. While the bill has been amended to require a plan for emergency response, this legislation will ultimately impose new, costly requirements on most nursing home providers, many of which are already experiencing financial distress. 

First and foremost, LeadingAge NY and our members believe that the remains of all individuals deserve the utmost respect and courtesy upon passing, even in an emergency. Under current and normal circumstances, there is no need for this kind of designated storage in nursing homes. This bill, however, was conceived because of shortages of funeral home and municipal morgue space that arose in the New York City area during early weeks of the COVID-19 pandemic. It was a tragic and intensely devastating time for all who were impacted, including the providers and dedicated staff who cared for the residents.

The issues with securing decedents that arose during COVID were largely due to insufficient capacity in funeral homes and municipal morgues. As a response to that tragic circumstance, this bill would impose on nursing homes alone, a new and costly responsibility that should instead be borne by state and municipal authorities. 

Bill A.1365-A (Paulin)/S.15-A (Skoufis) is now in Senate Finance Committee and has already been passed by the Assembly. Therefore, we must strengthen our advocacy against this new, unfunded mandate on nursing home providers!

Please click here to email your State Senators and the Governor against this legislation!

In addition, if your State Senator sits on the Senate Finance Committee we strongly recommend you call their Albany office to vocalize your opposition to this bill! You can share our LeadingAge NY memo of opposition to this bill, available here.  

Call your State Senator with the below talking points on the decedent remains storage bill. Check to see if your Senator sits on the Senate Finance Committee here!

• I am calling you today to oppose S.15-A, a bill that is reported to Senate Finance Committee.
• The bill would impose another unfunded and costly mandate on nursing homes that are already struggling to stay afloat, and I urge you to oppose the bill.
• I am with XXX organization, serving the XXX region of New York.
• Inadequate Medicaid funding is already making it difficult for nonprofit and public nursing homes like mine to find staff and continue to operate.
• This bill would require us to divert our limited resources to create or modify space or contract with mobile storage units to facilitate the storage of the remains of individuals who pass away while living in a nursing home.
• A viable plan, such as those required by the bill, will require ongoing costs for our home – regardless of state emergency status – and will divert funding away from staffing efforts and the quality care we aim to provide to our residents.
• We agree that deceased residents deserve to be treated with the utmost respect, and under current and ordinary circumstances, this is accomplished without dedicated storage units.
• The responsibility of managing decedent remains during emergencies is not unique to nursing homes, but this bill places the burden – and the costs associated – on only us. 
• This bill’s goal and the costs associated should be borne by state and municipal authorities, who are better positioned to respond to emergencies. 
• The burden of this legislation should not be placed on nursing homes and our residents.
• I urge you to oppose this bill, S.15-A.

 

ACTION ALERT: Oppose Requiring Written Consent for Antipsychotic Medications

The Legislature was busy this week, taking up several priority bills related to long-term care and aging. Another bill which LeadingAge NY opposes was approved by the Assembly Health Committee this week and was reported to the Assembly Codes committee. The bill, A.1461-A (Paulin), would require an enhanced level of informed consent before antipsychotic medications can be prescribed for residents of skilled nursing facilities (SNFs). The legislation makes two major changes to state laws in an effort to reduce the use of antipsychotic medications:

1. Requires health care professionals to receive written consent from the resident or the resident’s “lawful representative” before initiating an antipsychotic medication; and
2. Requires that written consent be renewed every 12 months.

LeadingAge New York supports the goal of this legislation – to further reduce the inappropriate use of antipsychotic medications in nursing homes. However, the strategy this bill would deploy – enhanced consent in writing – is misguided and could negatively impact residents and families.

Requiring residents or their representatives to sign a written consent document will present unnecessary barriers to care. In addition, there are already ample federal and state guardrails in place to safeguard against the unnecessary use of antipsychotics.

It is reasonable and appropriate to require oral consent; however, written consent poses barriers to care for residents of nursing homes and their families.

Please click here to email elected officials in opposition to this legislation!

In addition, if your State Assembly Member sits on the Assembly Codes Committee we strongly recommend you call their Albany office to vocalize your opposition to this bill! You can share our LeadingAge NY memo of opposition here.

Call your Assembly Member with the below talking points on the antipsychotic bill. Check to see if your Assembly Member sits on the Assembly Codes Committee here!

• I am calling you today to oppose A.1461-A, a bill that requires nursing homes to obtain written consent prior to prescribing and administering antipsychotic medications.
• I am with XXX organization, serving the XXX region of New York.
• To be clear, it is important for residents and families to provide informed consent for the use of these medications.
• However, requiring written consent would impede nursing home residents’ access to necessary medications and cause distress for residents and their families. 
• Generally, nursing home residents or their authorized representatives provide oral consent to treatment, after discussing treatment options with the nursing home’s clinical team.  Their oral consent is then documented by the clinical team in the medical record. 
• There are ample state and federal regulations that deter the use of unnecessary antipsychotics and ensure informed consent, while ensuring access to effective treatment for individuals who need them.
• However, requiring residents or their representatives to sign a written consent document, as this bill proposes, will create unnecessary barriers to care for residents whose representatives do not visit the facility frequently or are unable to manage digital signature documents, as is often the case for the family members who make health care decisions for nursing home residents.
• Please oppose this bill in its current form (Version A).  Request the bill be amended to remove the requirement that consent be provided in writing and renewed every 12 months.

 

Assembly Approves Medical Aid in Dying Act

A focus of healthcare-related legislative activity this week was undoubtedly the Assembly’s legislation to permit Medical Aid in Dying (MAID). The Act would allow certain terminally ill individuals – those who have received a terminal diagnosis and a prognosis of six months or less to live – to seek medication to end their life. Two doctors, including the patient’s attending physician, would need to agree that the person is of sound mind and qualifies under the law.

The sensitive proposal has been considered and advocated by legislators and stakeholders for many years, but this is the first time the bill has been passed in either house. The bill ultimately passed the Assembly with 81 voting in favor and 67 voting against. The vote followed about four hours of debate, with another hour spent as lawmakers took time to cast and explain their votes. A number of Democrats, along with all Republicans, voted against the measure.

The bill is now referred to the Senate Health Committee, where advocates and stakeholders will turn their focus to see if the Senate will opt to advance it. LeadingAge New York is neutral on this legislation but will continue to monitor its activity as it relates to our membership and the individuals in your care.  

 

ACTION ALERT: Tell Congress that Cuts to Medicaid are Unacceptable

As we have reported in recent weeks, Congress is currently writing its budget reconciliation bill. The House plans to vote on a bill before Memorial Day. The Senate would then take up the House measure after Memorial Day recess. Whether you have contacted your members of Congress already or not, please take action now to remind Congress that cuts to Medicaid are unacceptable!

Many Congressmembers are committed to achieving at least $1.5 trillion in savings over the next 10 years via this reconciliation bill to help pay for tax cuts and other spending increases (also in the bill). Given the significant amount of cost reductions sought, Medicaid is likely to be a mathematically necessary source of cuts. 

Extensive reductions to federal Medicaid funding would put massive financial strain on state budgets, which would force states to make up the losses through a variety of actions including cutting access to services and lowering provider reimbursement rates.

Bottom line: New York’s health care system depends upon federal contributions to the Medicaid program. Medicaid cuts/changes will impact all New Yorkers and will harm older adults and those who serve them.

Please click here to tell Congress: Cuts to Medicaid are Unacceptable! Now is the time to advocate Federally!

 

Need to Know: Top State & Federal Budget Advocacy Resources

There is a lot of activity right now at the State and Federal level that will affect the funding available for LTC and aging services providers in New York. To keep things as simple as possible, below is a simple list of the most salient advocacy actions and resources we ask members to implement as we advocate to protect and increase the funding available for our membership. Your advocacy is critical, and we thank you for all your efforts!

1. Social Media Toolkit – Take your advocacy to social media and tag elected officials!
2. LeadingAge National Action Center – Advocate Federally to protect tax exempt bonds, Medicaid and other funding!
3. National Issue Briefs: All Service Lines – To inform conversations and advocacy with members of Congress
4. State Digital Budget Advocacy Letters – Keep up the pressure on State Legislators and the Governor!
5. State Budget Issue Briefs – All Service Lines – To inform phone calls to State Legislators
6. Contribute to LeadingAge NY PAC Today! – Support our relationship building with elected officials

Contact: Sarah Daly; 518.867.8845; sdaly@leadingageny.org