Final Actions for Legislative Priorities

The 2013 Legislative Session is now behind us! Key legislation that LeadingAge New York has been working on has reached its conclusion. We are very pleased to report that some of the bills we advanced have passed both houses and legislation that we opposed have failed to pass. All-in-all, our strong advocacy efforts were effective and we are very grateful to all of you for your help!

LeadingAge New York Legislation:

• ALP Retention Standard (two-person assist) A.7755 (Gottfried) S.5096 (Golden) (memo of support): This bill passed both houses and will now move to the governor’s desk for approval. This bill would enable Assisted Living Programs (ALPs) to admit or retain residents who are medically stable, but require more assistance, known as the two-person assist, with transferring. Enabling the two-person assist would help prevent unnecessary nursing home placement for some individuals who want to remain in the assisted living setting.
• Streamlining ACF/Assisted Living Applications A.7835-A (Gottfried)-S.5628-A (Hannon) (memo of support): This bill passed both houses and will now move to the governor’s desk for approval. This bill would direct DOH to develop a streamlined application and review process for Adult Care Facility (ACF) and assisted living operators who are in good standing.
• Criminal history record checks in ACFs A.5476-A (Cymbrowitz)-S.4926 (Hannon) (memo of support): This bill passed in the Senate and remains in the Assembly Health committee. If enacted, this bill would require the review of the criminal history of prospective employees of adult care facilities.
• Continuing Care at Home (previously known as Life Care at Home) A.4611-A (Schimminger)-S.2118 (Ranzenhofer) (memo of support): This bill was passed by the Senate early in the year. We had the bill amended in an attempt to address the Assembly’s concerns. The bill was amended in both houses, but has failed to re-pass the Senate or move out of Assembly Health. However, we have received a firm commitment from the Legislature to work on the bill this fall for final passage next session. If enacted, this bill would allow individuals residing in the community to receive services through a case manager from their local CCRC through a continuing care at home contract.

Bills LeadingAge New York Opposes:

• Safe Patient Handling A.2180-B (Gunther)-S.1123-B (Maziarz) (memo of opposition): This bill passed in the Assembly and remained in Senate Finance Committee. This legislation would create a Statewide Safe Patient Handling Policy for all health care facilities in NYS, and require facilities to establish the Safe Patient Handling Work Group to assist with compliance and training requirements reflecting the statewide policy. The newly amended bill does not yet address our concerns and now includes language that requires that safe patient handling policies consider “whether use of such devices is consistent with a patient's or resident's plan of care or treatment.” However, this language is open to interpretation and does not go far enough to ensure that a nursing home resident’s individualized care plan will prevail if it is in conflict with the required safe patient handling policy. We are concerned that without language allowing the care plan to prevail, a direct care worker could refuse to assist facility residents, without fear of reprisal, and leave them without the care they need.
• Staffing Ratios A.6571 (Gottfried)-S.3691-A (Hannon) (memo of opposition): This bill failed to advance to the Senate or Assembly floors for debate, and remain in Assembly Ways and Means and Senate Health committees. This legislation would provide affordable, accessible, continuing care services to seniors living at home through their local Continuing Care Retirement Community (CCRC) through a case manager.

Next Steps: Educate and Advocate!

In the weeks ahead we will update you on any legislation impacting aging services providers that is before the governor for his consideration. LeadingAge New York government relations and policy staff are here to answer your questions and provide guidance related to any new laws impacting providers.

For those bills that failed to advance this year, we will take advantage of the off-session to educate lawmakers while they are in their districts. Please keep an eye out for opportunities to connect with your legislators. LeadingAge New York government relations staff will be traveling this summer and fall to visit with legislators and LeadingAge New York members throughout the state. If you are interested in participating in any joint visits with legislators, please let us know!

We also have developed a great session on how the Legislature works and how to best engage them – it has been well-received by resident councils and staff. Let us know if you would like us to present the session to your staff, family and residents.