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Governor Signs Several LTC-Related Bills Into Law Ahead of New Year

On Dec. 22nd, Governor Hochul took required action on a list of bills that were passed by the Legislature during the 2021 Legislative Session. A brief review of several bills related to long term care (LTC) is provided below. The review includes new requirements and relevant dates that members should be aware of:

  1. Health Equity Certificate of Need – A.191-A (Gottfried)/S.1451-A (Rivera) – Requires a health equity impact assessment to be included in the review of any certificate of need (CON) application submitted by a health care facility.

The bill requires nursing homes to submit a health equity impact assessment as part of the review of any CON application.

This bill is effective 180 days after the date of signing, which means that these requirements will be effective in June 2022. Additionally, the Governor issued an approval memo on the bill indicating that she and the Legislature came to an agreement on chapter amendments related to this legislation. LeadingAge NY has not yet seen those amendments, but we will keep members apprised as we learn more. Our letter to the Governor opposing the signing of A.191-A (Gottfried)/S.1451-A (Rivera) is available here.

 

  1. Reimagining LTC Task Force – A.3922-A (Cruz)/S.598-B (May) – Establishes an LTC task force to examine the state of facility-based, home-based, and community-based LTC services in the state and consider potential opportunities for improvement.

The bill establishes an LTC task force that shall:

  • study the state of LTC services, options, and challenges for older New Yorkers;
  • reimagine how the State can better meet the existing and projected needs of older adults in ways that prioritize safety, affordability, and enhancing the quality of life for those requiring care;
  • consider the full continuum of care available to older adults, including, but not limited to, community-based services, consumer-directed services, independent living, assisted living, and skilled nursing facility care;
  • study the limitations currently hampering quality care both in home-based and facility-based settings and consider potential models for improvement;
  • study the challenges and issues generated by the COVID-19 pandemic, including infection control protocols and enforcement, staffing shortages, lack of federally mandated crisis plans, visitation bans, and other factors that exacerbated the pandemic’s toll on residents and staff of skilled nursing and other adult care facilities;
  • utilize the findings of its study to formulate recommendations on how LTC service providers can better care for and protect the overall well-being of residents and clients in any future emergency;
  • include LeadingAge [NY] in the LTC task force membership, along with other groups and individuals broadly representing LTC and senior-related interests; and
  • report the findings of its study to the Governor, the Temporary President of the Senate, and the Speaker of the Assembly.

This bill is effective immediately and requires no action from members. Additionally, the Governor issued an approval memo on the bill indicating that she and the Legislature came to an agreement on chapter amendments related to this legislation. LeadingAge NY has not yet seen those amendments, but we will keep members apprised as we learn more. Our letter to the Governor supporting the signing of A.3922-A (Cruz)/S.598-B (May) is available here.

 

  1. LTC Ombudsman Reform ActA.5436-B (Clark)/S.612-B (May) – Enacts a series of reforms to the State LTC Ombudsman Program and related programs to increase accessibility for residents of nursing home and residential care facilities.

The bill has three distinct parts, with separate effective dates:

  • Part A requires the Office of the State LTC Ombudsman to facilitate and implement an awareness program to promote the LTC Ombudsman Program, using educational and informational materials such as media advertising, billboards, social media, and the official Ombudsman Program website. This part is effective immediately.
  • Part B requires the Department of Health (DOH) to establish policies and procedures for staff and volunteers of the LTC Ombudsman Program to report issues identified or witnessed that may adversely affect the health, safety, and welfare of residents at residential health care facilities. Such policies shall include a telephone hotline and reporting form on the Department's website. This part is effective 90 days after the date of signing, which means that these requirements will be effective in mid-March 2022.
  • Part C requires nursing homes and residential health care facilities to provide all residents access to State LTC Ombudsman Program staff and volunteers at no cost to the resident. This part also requires nursing homes to grant Ombudsman Program staff access to the facility. This part is effective immediately.

Additionally, the Governor issued an approval memo on the bill indicating that she and the Legislature came to an agreement on chapter amendments related to this legislation. LeadingAge NY has not yet seen those amendments, but we will keep members apprised as we learn more.

 

  1. Infection Control in Quality Assurance Plans – A.5846 (Kim)/S.1784-A (Skoufis) – Requires adult care facilities (ACFs) to incorporate standards for infection control in each facility's quality assurance (QA) plan, and requires such plans to include a quality improvement committee.

The bill requires ACFs to:

  • include infection control in QA activities; and
  • create a QA committee that must meet at least every six months to review summary findings from monitoring of the facility’s QA plan, evaluate the effectiveness of corrective action policies, and identify trends and improvement activities. The committee must include the administrator/operator, resident council president or other resident representative, and representatives from frontline employees from each area of operation.

This bill is effective 90 days after the date of signing, which means that these requirements will be effective in mid-March 2022. LeadingAge NY's letter to the Governor opposing the signing of A.5846 (Kim)/S.1784-A (Skoufis) is available here.

 

  1. Antimicrobial Stewardship Program – A.5847 (Woerner)/S.2191 (Kavanagh) – Requires hospitals and nursing homes to establish an antimicrobial stewardship program and ensure that appropriate personnel receive antimicrobial resistance training.

The bill requires nursing homes to:

  • establish and implement an antimicrobial stewardship program that meets or exceeds federal Medicare and Medicaid conditions of participation for antimicrobial stewardship programs;
  • incorporate an ongoing process to measure the impact of the program, including annual review of antimicrobial utilization data;
  • develop response plans for high or increasing utilization; and
  • establish and implement training regarding antimicrobial resistance and infection prevention, or ensure that such training has taken place.

The bill is effective 90 days after the date of signing, which means that these requirements will be effective in mid-March 2022. Additionally, the Governor’s approval memo on the bill indicates that she and the Legislature came to an agreement on chapter amendments related to this legislation. LeadingAge NY has not yet seen those amendments, but we will keep members apprised as we learn more. Our letter to the Governor opposing the signing of A.5847 (Woerner)/S.2191 (Kavanagh) is available here.

 

  1. Infection Control Competency Audit – A.6057-A (Burke)/S.1783-A (Skoufis) – Requires DOH to establish and implement an infection control competency audit, establish infection control competency standards, and require implementation of a checklist for nursing homes.

The bill requires DOH to:

  • establish and implement an infection control competency audit;
  • establish infection control competency standards; and
  • require implementation of a checklist for residential care facilities and nursing homes, which will incorporate core competencies related to infection control, personal protective equipment (PPE), staffing, clinical care, communication, and reporting.

Nursing homes will be required to meet at least 85 percent of the criteria on the checklist to be scored as “proficient” in infection control competency. Homes that do not satisfy 85 percent of the required criteria will be subject to re-inspection, which will be monthly for facilities that meet less than 60 percent of the criteria.

This bill is effective 90 days after the date of signing, which means that these requirements will be effective in mid-March 2022. Additionally, the Governor issued an approval memo on the bill indicating that she and the Legislature came to an agreement on chapter amendments related to this legislation. LeadingAge NY has not yet seen those amendments, but we will keep members apprised as we learn more. Our letter to the Governor opposing the signing of A.6057-A (Burke)/S.1783-A (Skoufis) is available here.

 

  1. Posting of Information on LTC Ombudsman ProgramA.6222 (Wallace)/S.4377 (May) – Requires DOH to translate the nursing home residents’ bill of rights into the six most common non-English languages spoken in New York State.

The bill requires nursing homes to:

  • post and make available to all residents a statement provided by DOH translating the nursing home residents’ bill of rights into the six most common non-English languages spoken in New York;
  • prominently post contact information for the state and regional offices of the LTC Ombudsman Program in the room of each resident, as well as the contact information for the facility’s representative; and
  • provide updated contact information for the state and regional offices of the LTC Ombudsman Program and facility representatives to all residents and their families twice a year.

The requirements in this bill are effective 120 days after the date of signing, which means that they will be effective in mid-April 2022. Additionally, the Governor issued an approval memo on the bill indicating that she and the Legislature came to an agreement on chapter amendments related to this legislation. LeadingAge NY has not yet seen those amendments, but we will keep members apprised as we learn more.

 

  1. Investing in Care Act – A.6590-B (Kelles)/S.4652-B (May) – Requires the Commissioner of Economic Development to study, develop, and propose how to implement a long-term strategy to support the growth of the caregiving industry in New York State.

Such strategy shall be based on an analysis of financial support needed for:

  • the growth of the caregiving industry businesses and non-profits;
  • workforce development, recruitment, and retention needs in the caregiving industry; and
  • innovation and new modes of caregiving delivery in the caregiving industry.

Within one year of the legislation’s effective date, the Commissioner of Economic Development is required to submit a report on his or her findings, recommendations, and strategy to the Governor, the Temporary President of the Senate, and the Speaker of the Assembly.

This bill is effective immediately. LeadingAge NY's letter to the Governor supporting the signing of A.6590-B (Kelles)/S.4652-B (May) is available here.

 

LeadingAge NY will share more information with members regarding these new requirements as new details become available. While we know that members have always prioritized areas such as QA, infection control, and health equity, we were sure to raise all of our concerns around the above legislation with the Governor’s Office while the bills were on her desk awaiting action. Our relevant letters to the Governor are linked above under each respective bill.

We share your concerns and frustrations around the imposition of new requirements while providers are already so operationally and financially stretched. It should be noted that we effectively fought off efforts to add more onerous provisions to many of these bills, including an effort to add increased penalties and fines to ACFs to A.5846 (Kim)/S.1784-A (Skoufis).

Contact: Sarah Daly, sdaly@leadingageny.org, 518-867-8845