Final Governor Actions on 2023 Legislation
On Dec. 23rd, Governor Hochul acted upon eight of the remaining long term care-related bills that were passed by the Legislature in 2023. Then, on Dec. 29th, the Governor also acted upon and vetoed one final bill that would have expanded the damages recoverable in a wrongful death action. Of these final nine bills, LeadingAge NY supported seven and opposed two. LeadingAge NY letters of support and opposition were sent on select bills deemed to be most relevant to members.
Please find below a review of executive actions taken on the final nine priority bills that were passed by the Legislature, and that LeadingAge NY monitored and advocated on in 2023. As a reminder, LeadingAge NY posted a complete end-of-session bill summary in June, reviewing all of the bills that were passed by the Legislature in 2023, as well as dozens of bills that were not passed. The bills that did not pass in 2023, or were otherwise vetoed by the Governor, could be back again for potential passage in the 2024 Legislative Session beginning on Wed., Jan. 3rd.
Recently Approved and Signed by Governor:
A.6291-A (Burdick)/S.264-A (Stewart-Cousins) – Emergency Evacuation Plan Requirements
- Approved by Governor on Dec. 23rd; chapter amendment required.
- Approval memo
- Establishes an emergency evacuation plan for individuals with disabilities. Establishes $500 fine for a knowing failure to comply with such standards.
- LeadingAge NY opposed, advocated for specific amendments to exclude long term care/aging services providers and address tenant privacy concerns. Letter to Governor is available here.
A.7328 (Paulin)/S.6897 (Rivera) – Changes to Nursing Home Direct Care Spending Requirements
- Approved by Governor on Dec. 22nd; chapter amendment required.
- Approval memo
- Makes changes to nursing home minimum spending requirements by excluding capital reimbursement from revenue. Establishes a four-year demonstration project that would reduce recoveries from non-compliant providers if they reduce contract staff utilization. During the demonstration, only Medicaid revenue would be considered when compliance with 70/40 spending requirements is calculated for homes whose contract staff use is below specified thresholds.
- LeadingAge NY monitored, did not take a position.
A.7365 (Paulin)/S.6641-A (Rivera) – Reimbursement for Home Health Services
- Approved by Governor on Dec. 22nd; chapter amendment required.
- Approval memo
- Allows a nurse to visit the home and provide a core public health service, without being subject to licensure, so long as it follows statutory requirements and is not intended to serve as nursing services. The Department of Health (DOH) may determine if the services exceed the limits of the scope of public health services, as well as establish the requirements for reimbursement.
- LeadingAge NY monitored, did not take a position.
A.7218 (Kim)/S.7211 (Cleare) – Resolution of Ombudsmen-Reported Issues (Agency Requirement)
- Approved by Governor on Dec. 23rd; chapter amendment required.
- Approval memo
- Relates to the reporting and resolution of issues at residential health care facilities. Requires long term care ombudsmen to receive training in cultural competency and diversity. Establishes an outreach and awareness program to promote and recruit long term care ombudsmen.
- LeadingAge NY monitored, did not take a position.
A.4332 (Gunther)/S.2930 (Rivera) – DNR Orders in Mental Hygiene Facilities
- Approved by Governor on Dec. 22nd; chapter amendment required.
- Approval memo
- Repeals Public Health Law Article 29-B – Orders Not To Resuscitate (DNR) For Residents Of Mental Hygiene Facilities. Provides that DNR decisions for patients in psychiatric hospitals and units are governed by the Family Health Care Decisions Act (FHCDA), as they are for hospitals and nursing homes.
- LeadingAge NY monitored, did not take a position.
Recently Vetoed by Governor:
A.6698 (Weinstein)/S.6636 (Hoylman-Sigal) – Wrongful Death
- Vetoed by Governor on Dec. 29th.
- Veto message
- Expands the damages recoverable in a wrongful death action to include compensation for grief or anguish, loss of love and companionship, loss of services and support, and loss of nurture and guidance.
- LeadingAge NY opposed. Letter of opposition (from 2022) is available here.
A.6021-A (Paulin)/S.3146-A (Mannion) – Quality Incentive for Managed Care Providers
- Vetoed by Governor on Dec. 23rd.
- Veto message
- Establishes a quality incentive program for managed care providers that is distributed based on managed care providers' performance in meeting quality objectives.
- LeadingAge NY supported. Letter of support is available here.
A.7511 (Burdick)/S.7038 (Harckham) – Residential Health Care for Medically Fragile Young Adults
- Vetoed by Governor on Dec. 22nd.
- Veto message
- Expands the residential health care for children with medical fragility in transition to young adults and young adults with medical fragility demonstration program.
- LeadingAge NY supported. Letter of support is available here.
A.5381 (Paulin)/S.6075 (Skoufis) – Development of Managed Care Reimbursement Rates
- Vetoed by Governor on Dec. 22nd.
- Veto message
- Requires notice and additional review for managed care providers of the methodologies and fee schedules and other materials used for determining Medicaid reimbursement rates.
- LeadingAge NY supported.
Please reach out to Sarah Daly at sdaly@leadingageny.org with any questions about these bills or LeadingAge NY priority legislation.
Contact: Sarah Daly, sdaly@leadingageny.org