Legislative Bulletin: TAKE ACTION - Gov.'s 30 day amendments released!

Gov. Cuomo released his 30 day amendments, yesterday, which generate $500 million in health care savings, including $180 million from accelerating Medicaid Redesign Team initiatives and delaying investments; leveraging $200 million in current-year under spending to generate 2013-14 savings; and $120 million from a 6 percent reduction to OPWDD Medicaid rates for not-for-profit providers. There is a lot of discretion left to the Commissioner of Health and the Division of the Budget, in consultation with provider organizations, to find savings under the Medicaid cap. The amendments of concern to LeadingAge New York members include:

• a reduction to OPWDD rates of reimbursement – a 6 percent across-the-board cut to not-for-profit providers providing Medicaid eligible residential and nonresidential services and support due to a reduction in Federal aid of $1.1 billion. This amendment effectively rescinds the 6 percent in rate increases/healthcare enhancements OPWDD providers have received since 2008-09;
• removes language limiting the expansion of Assisted Living Program (ALP) beds to New York City;
• clarifies technical pieces related to scope of practice for home health aides including: only an agency or program that is approved by SED may participate in the demonstration program and not all tasks within the scope of nursing are assignable to an advanced home health aide.
• adds language to allow the Commissioner of Health, in consultation with the Director of the Budget, to annul implementation of two percent across-the-board Medicaid reimbursement reductions; and
• adds language to delay investments in regard to allowing certified social workers to bill Medicaid; establishing health home infrastructure governance support grants; and rate increases for the integration of mental health, substance abuse and physical health services in a single location.

The good news here is that there are not any hard cuts to providers and there is the potential for the removal of the 2% across-the-board cut. LeadingAge New York will take part in the Medicaid Global Cap Workgroup meeting this afternoon and get a more thorough briefing on these changes and the department’s plans for managing these cuts under the cap.

Budget negotiations will continue to intensify as the Legislature’s March 21 deadline approaches. We will continue to keep members up-to-date. In the meantime, if you have any questions or concerns, please contact Ami Schnauber at 518-867-8854. We also encourage you to take part in the advocacy opportunities available below.

Advocacy Alert:

Today marks the last February Friday letter writing campaign day, so please take some time to send letters to your representatives. To date, we have less than 200 letters sent and some legislators have received no letters! A new letter regarding assisted living has been posted to our Legislative Action Center, and is ready to send to lawmakers.  Please take five minutes out of your day today and urge your colleagues and those you serve to join in on this crucial advocacy initiative.

• Help Expand the Assisted Living Program! Urge your lawmakers to expand the ALP and include a capital component in Medicaid rates.
• Save New York’s Nursing Homes & Protect our Seniors! Urge your lawmakers to protect nursing home providers, caregivers and those receiving services.
• Reject Medicaid Cuts & Save our Seniors! Urge your lawmakers to oppose additional budget cuts and unfunded mandates in this year’s budget.
• Support Funding for Affordable Housing and Support Services for Seniors! Educate your lawmakers about the need for additional affordable senior housing and LeadingAge New York’s New York State Supportive Senior Housing Services Program.

The Legislature remains on recess until Wed., Feb. 26 – that means you still have a couple of days left to connect with your representatives while they are back in their districts. If you need assistance with connecting with your lawmakers or would like more information on advocacy opportunities, please contact Alyssa Lovelace or Ami Schnauber at 518-867-8383.

Federal Sequestration imminent

Barbara Gay, from LeadingAge in Washington reports that they are continuing to advocate for delay in the automatic spending cuts due to take effect on March 1, and for Congress to develop a responsible alternative. And you can never say never with Congress because sometimes they do pull a last-minute solution out of the legislative hat.

However, at present it looks unlikely that sequestration will be avoided. Both houses of Congress are in recess now for the President’s Day district work period. When they return on Mon., Feb. 25, there will only be four days left for any action to prevent the automatic spending cuts.

The U.S. Senate majority leadership has announced a sequestration alternative involving a 30% tax rate on millionaires and cuts in farm price supports and defense spending.

While the leadership managed to gain promises of support from members of his own party, it seems unlikely that the plan would get 60 votes on the Senate floor. And, it’s even more unlikely that the plan would pass the U.S. House of Representatives.

The House leadership points to measures the House has passed to avoid sequestration, which have not found favor in the Senate.

So, with the 2 houses and 2 parties apparently at an impasse, federal agencies are beginning to prepare for the automatic spending cuts.

To review, aging services programs will feel the following impact:

• Senior housing funding cut 5.1%.
• Older Americans Act home and community-based services funding cut 5.1%.
• 2% cut in Medicare reimbursement.
• No effect on federal Medicaid spending.

Sen. Schumer to co-sponsor legislation on observation stays

After hearing a story about an elderly couple’s plight regarding a recent observation stay, and the hefty bill that was associated with it, Sen. Schumer announced that he and Sen. Sherrod Brown of Ohio will file the Improving Access to Medicare Coverage Act of 2013 – counting observation stays toward the three-day minimum. In recent years, Sen. John Kerry introduced similar legislation that was not taken up. The Improving Access to Medicare Coverage Act would amend title XVIII of the Social Security Act. Without being involved in billing technicalities between the hospitals and Medicare, Schumer’s plan would ensure that patients 65 and older are eligible for coverage for their rehabilitation services, as long as they are in the hospital for three days. Read more about this bill and Sen. Schumer’s concerns with observation stays here. LeadingAge New York will be sending a letter to Sen. Schumer thanking him for introducing the bill. We encourage members to reach out to Sen. Schumer and thank him for addressing this growing concern and for his work on this legislation.

Submit your nomination for Leading Age New York Awards Program today!

Today is the deadline to submit your nominations for the 2013 LeadingAge New York Employee of Distinction Awards Program. If you have outstanding people working for your organization please take action today and recognize your stars! Employees of Distinction are honored by the New York State Legislature through a Resolution and LeadingAge New York staff along with your local representatives will come to your program/facility to personally deliver the award. This is a great opportunity to showcase your organization and your staff to your legislators and your community. Follow the links below to submit your nomination for the:

• 2013 LeadingAge New York Employee of Distinction Awards
• 2013 LeadingAge New York Annual Awards

Click here for more information about the 2013 LeadingAge New York Annual Awards Program or contact Nancy Caban at 518-867-8383.

Support your PAC!

A well-funded PAC allows us to support candidates and lawmakers who oppose cuts to long-term care services and enables us to be involved in both the legislative and political process. Help us raise our voices in the Legislature by supporting our PAC – contribute today!

A special thank you to this year’s Founders Club Members, who have contributed $1,000:

• Loren Ranaletta
• Mary Frances Barrett
• Stuart Kaplan
• David Gentner
• Michael Keenan
• Michael Rosenblut

Register today for the PAC golf tournament!

The Annual LeadingAge New York PAC Golf Tournament will be held on Mon., May 20 at Saratoga Spa Golf Course!

This year’s tournament offers a new format, including a shotgun start at 11:45 a.m. for the 18-hole competition and 1 p.m. start for the nine-hole competition and pro-golf clinic. At 4:30 p.m., we will meet back at the 19^th hole for a cocktail reception, prizes and giveaways!

Click here for registration and sponsorship information or contact Alyssa Lovelace at 518-867-8844 for more details.

Committee updates

Reported out of Senate Health and placed on the Senate Floor Calendar:

• A.4811 (Schimminger)/S.2118 (Ranzenhofer) – This legislation will provide affordable, accessible, continuing care services to seniors living at home. With the support of a case manager, seniors will be able to choose from a menu of services based upon their individual needs. LeadingAge New York supports this bill. Send a letter to your lawmakers, urging them to support this legislation!

The Senate Social Services Committee will consider the following legislation:

• S.1662 (Grisanti) – This legislation will strengthen the enforcement powers of the Department of Health and distinguish violations that endanger residents from those that do not in adult homes and adult care facilities. LeadingAge New York opposes this legislation because it eliminates opportunity for the Department of Health (DOH) to consider important factors about the history and character of the operator in certain circumstances, and removes important protections for providers.