Legislative Bulletin: New State Housing and HCBS Advocacy Opportunities

End of Session Update
The Legislative Session is winding down with only seven scheduled days left. This week brought a lot of conversation about rent regulations and stabilization, with the Governor threatening to keep lawmakers in Albany until expiring rent regulations are voted on. These last few days are important for advocates who have lined the halls of the Capitol to meet with their lawmakers on their remaining priorities including LeadingAge NY and the association’s counsel, Hinman Straub. We encourage you to take part in the advocacy opportunities listed below to help ensure our concerns are addressed in Albany throughout these remaining critical days:

Attention Housing Members: Oppose legislation that would hinder supportive housing growth in NYC: This legislation, A.2553-A (Benedetto)-S. 4542-A (Klein), would give unprecedented power to local Community Boards to block important community facilities and residences. The bill would potentially harm constituents by making it nearly impossible to develop supportive senior housing, assisted living and a huge range of other important community assets in New York City. This bill has already passed in the Senate and remains in the Assembly Cities Committee. Please email your Assemblymembers now, urging them to oppose this legislation.
TBI/NHTD waiver delay: LeadingAge NY supports this legislation, A.7598 (Gottfried)-S.5535 (Hannon), which would delay the transition of consumers receiving Traumatic Brain Injury (TBI) and Nursing Home Transition and Diversion (NHTD) waiver services into managed care until April 1, 2017. The legislation also seeks to establish a workgroup under the Commissioner of Health that will allow stakeholders to have input in the continuity of care provisions; rates; and workforce requirements necessary to ensure that consumers are transitioned smoothly into managed care. This bill has been placed on the Assembly Ways & Means Committee Agenda and the Senate Finance Committee Agenda for next week. LeadingAge NY urges members to send a memo of support to their Senators, using the template for A.7598 (Gottfried)-S.5535 (Hannon), available here.
Hospice isolated patient: This legislation, A.2150 (Gottfried)-S.1153 (Hannon), would allow an attending physician to elect hospice care for the “isolated patient.” Hospice care provides medical, spiritual and emotional care to individuals with life-threatening illnesses with a prognosis of six months or less to live. Currently, under the Family Health Care Decisions Act, “isolated patients,” typically nursing home residents, who lack capacity and are without a surrogate, go without access to their hospice benefit. This bill has already passed in the Assembly and was placed on the Senate Calendar for debate. LeadingAge New York supports A.2150 (Gottfried)-S.1153 (Hannon), and urges members to send a memo of support to their Senators, using the template for A.2150 (Gottfried)-S.1153 (Hannon), available here.
Increase the Supplemental Security Income (SSI) and Personal Needs Allowance (PNA) rates for low-income seniors in ACFs: This legislation is part of an ongoing effort to get an increase in the State portion of the SSI rate for ACFs, along with a built in future cost of living adjustment to prevent the rate from getting so far away from the cost of providing care. The bill has been moved to Assembly Ways & Means and remains in the Senate Finance Committee. Please email your lawmakers now, urging them to co-sponsor and pass A.7393-A (Brindisi)-S.5151 (Little).
Amend EQUAL language to enable the expenditure of funds retrospectively, within the fiscal year: This initiative is part of LeadingAge NY's ongoing advocacy efforts to resolve an issue in the recently enacted budget, which disallowed EQUAL funds to be used for expenses incurred prior to the release of the application and funding. This legislation would resolve the issue so that, consistent with past practice, EQUAL funds can be used for expenses incurred within the fiscal year, even if they are retrospective, as long as they are consistent with the EQUAL program objectives and approved by the organization's resident council. This bill was reported the Assembly Rules Committee and is on the Senate Calendar where it is expected to be taken up for debate. Please email your lawmakers now, urging them to co-sponsor and pass A.7502 (Gottfried)-S.5346 (Hannon).
Oppose Nurse Staffing Ratios: Known as the Safe Staffing for Quality Care Act, this legislation would create specific staffing ratios for nurses and other direct-care staff in hospitals and nursing homes. LeadingAge NY opposes the legislation, which if enacted, would cost an estimated $1.06 billion to implement in nursing homes and would require more than an hour of additional staff time per resident per day when compared to current staffing. Please email to your lawmakers now, urging them to oppose this legislation.

Governor Announces Affordable Housing Grants
Governor Cuomo announced earlier this week, $11 million in grants to build, improve and preserve affordable housing for seniors, low- and moderate-income New Yorkers. The grants were given to 61 municipalities and not-for-profit organizations across the State to support community initiatives; keep people in their homes; and expand affordable housing. The grants are an extension of the Governor’s House NY program, a $1 billion initiative to expand affordable housing across the State. The House NY program also preserves Mitchell-Lama units.

Legislature Passes CARE Act
The Assembly passed the CARE Act, earlier this week, legislation that allows hospital patients to appoint a friend or family member as a caregiver to help with post hospital discharge-related tasks. The bill passed the Senate at the end of May and is now expected to be signed into law by the Governor. The CARE Act was AARP's biggest legislative priority for this session; having gained the support of a number of organizations. According to a press release issued by AARP, "The bill would help as many as 2.8 million New Yorkers who provide unpaid care to family and loved ones at any time, plus as many as 1.6 million adult New Yorkers who are discharged home from hospitals every year. The value of this unpaid care is estimated at $32 billion a year."

Federal Advocacy Alert! Fix Medicare Observation Stays
Please take 60 seconds to tell your senator to support the “Improving Access to Medicare Coverage Act of 2015”. This simple bill would count any time that a Medicare beneficiary spends in a hospital toward Medicare’s 3-day stay requirement. The bill will ensure that when older Americans are transferred from a hospital to a skilled nursing facility for further care, they are able to focus on their recovery instead of on technicalities that could lead to foregone care or sky high medical bills. Please urge the Senate Finance committee to take action on this common sense bill that will help many older Americans facing significant health-related challenges. – LeadingAge

LeadingAge NY, Other Associations Urge Congress to Oppose Cuts to Medicare under Trade Package Deal
LeadingAge NY, along with 10 other associations representing hospitals, health systems, physicians, home care providers, nursing homes and other long term care providers, sent a letter to the New York State Congressional Delegation urging them to oppose the Senate-passed Trade Adjustment Assistance (TAA) program. The legislation would extend the Medicare sequestration through 2024 to assist in paying for the TAA program. According to the Congressional Budget Office, this would increase the cut to Medicare by $700 million. In addition, extending the Medicare sequestration reductions would undermine the strength of the Medicare Trust Fund, as well as the ability of the providers mentioned above to care for those they serve. Read the joint letter sent to Congress, here.

Housing Members: Did You Fill Out Your PRAC Survey?
LeadingAge NY is part of the Section 202 PRAC preservation workgroup that was established by LeadingAge to research the current and future physical needs of Section 202 PRAC inventory, develop a comprehensive preservation strategy for these properties, prepare a legislative proposal for members of Congress and engage in an education and advocacy campaign to secure support. To support our work, LeadingAge has developed a survey to collect crucial data from members to help quantify the issues that cannot be funded under the PRAC projects' current reserve plan and funding. In a recent workgroup meeting we learned that based on recent REAC results, HUD does not think there is a significant capital need. Help us tell your capital needs story by filling out this short survey by Tues., June 30. The survey will only take you a few minutes to fill out but will provide us with valuable information for our advocacy on PRAC preservation. You can access the survey here.

Support Your PAC
The LeadingAge NY Political Action Committee, or “PAC,” makes financial contributions to the election campaigns of the legislative leaders, committee chairs and individual legislators who have shown a strong commitment to continuing care. Your donation builds and maintains political connections by funding attendance at political events. Our success depends on members’ contributions. The more money we have, the more we can donate to the campaigns of and attend fundraisers for elected officials who support our political agenda. Contributors at the $1,000 level will receive exclusive rewards at upcoming events and in marketing materials. Learn more about the PAC or make your donation by visiting the LeadingAge NY PAC website. If you have any questions or would like to find out how you can become involved with the PAC, 2016 Annual PAC Golf tournament or Founders Club, contact Alyssa Lovelace at 518-867-8844.

Contact: Alyssa Lovelace, alovelace@leadingageny.org, 518-867-8844