Senate Releases Regulatory Reform Report

Yesterday afternoon, the Senate Majority Coalition issued a comprehensive report, "identifying 2,219 specific rules, regulations and practices that put New York’s businesses at a competitive disadvantage.” This report is a product of nine industry-specific public forums that the Coalition held throughout the fall and winter months to discuss regulation reform in New York State, and how burdensome regulations impact the state’s economy and job growth. The forums focused on areas such as medical technology and health; agriculture; manufacturing; construction; hospitality and tourism; small business; financial services; manufacturing; and biotechnology. Over 100 business owners, advocacy organizations and individuals participated in the forums, including LeadingAge New York. LeadingAge New York submitted testimony related to CCRC Regulation 140 at the forum on Insurance, Banking and Financial Services. A summary of the testimony is located on page 86 of the report and included as a recommendation to review the investment limitations for CCRCs. You can read the full report here.

The report does not include a specific action plan that will address the regulations and statute mentioned throughout the report, rather it summarizes the concerns brought forth by the agencies and individuals who submitted ideas for regulation reform. The report includes many areas of interest to LeadingAge New York members, which are listed briefly below. Considering a formal action plan has yet to be determined by the Coalition, LeadingAge New York will now have an opportunity to talk with lawmakers and regulators about the items we think are important. Gov. Cuomo did mention in his State of the State Address, that he plans to “work the Legislature to create a Joint Executive-Legislative Commission to Reduce Regulatory Barriers on Business.” While this is not clear whether this will be done by statute, Executive Order or some other means, LeadingAge New York will continue to monitor the progress of the commission, as well as the Senate Majority Coalition.

For member-related purposes, below are regulatory items identified by the Senate as being burdensome and needing additional review:

• Review investment limitations on Continuing Care Retirement Communities
• Repeal the Annual Wage Notification provision of the 2010 Annual Wage Theft Prevention Act
• Review regulations that hinder home-care managed care delivery systems
• Streamline regulations concerning the sale of county nursing homes
• Reconsider large fines imposed for small mistakes
• Provide for public comment during the initial development, preparation and promulgation of rules and mandates that state agencies reach out to regulated persons who may be adversely affected by any proposed rule
• Review the process requiring providers to submit outstanding Department of Health statistical reports
• Phase out the requirement for personal care providers to complete annual cost reports
• Review the requirement that Medicaid providers must participate in the Actual Acquisition Cost Survey and report invoice prices for all drug products to avoid duplicative reporting
• All unvaccinated personnel in health care/residential facilities must wear surgical masks during times the Department of Health determines influenza is present
• Review limits on executive compensation and administrative expenses for covered provider using state funds for operating expenses
• Review Certificate of Need (CON) requirements
• Review medical malpractice insurance rates
• Review regulatory assessment fees charged to providers of health care services
• Utilization review determinations; review the requirement of notification by telephone
• Consider option to amend the definition of “disaster emergency response personnel” to include staff of home health and hospice agencies
• Review legislation that directs the Department of Health to create a health technology assessment committee to advise the Commissioner on coverage of health technology under Medicaid

Agency Timelines: State agencies are not held accountable to timely perform tasks, including:

• Grants for nonprofit organizations
• Notice for prevailing wage violations
• Background checks through the Office of Mental Health

Affordable Care Act

• Due to recent changes in health care as a result of the Affordable Care Act, regulations should be examined to ensure uniformity
• Review managed care organizations
• Review health maintenance organizations
• Market stabilization mechanisms for individual and small group health insurance and Medicare supplement insurance

Proposed legislation that is problematic:

• Staffing Ratios
• Safe Patient Handling

If you have any questions or concerns about this report or the items listed above, please contact Ami Schnauber or Alyssa Lovelace at 518-867-8383. In the meantime, we will be sure to keep members notified of any further action regarding regulation reform.