Legislative Bulletin: Governor Releases 30-Day Amendments
30-Day Budget Amendments
The Governor released his 30-day Amendments to the SFY 2021-22 Executive Budget today. The amendments include a number of proposals intended to strengthen oversight of nursing homes and ACFs. LeadingAge NY has compiled a high-level summary of amendments to the Governor’s proposed budget that would impact long-term care and senior services providers.
We will be continuing our advocacy for restoration of Medicaid cuts and pandemic relief funds, and in opposition to duplicative and counterproductive oversight measures.
New Budget Advocacy Letters Now Available!
Now that the Governor has released his 30-day amendments, the Legislature will be ramping up its work on each chamber’s respective one-house budgets. The one-house budgets are an important piece of the overall state budget process. In order to have a budget ask included in the final enacted budget, it must be included in the Senate one-house, the Assembly one-house or the Executive Budget Proposal.
This is a critical time for legislators to hear from you! Please use the links below to send messages to your legislators and the Governor TODAY!
Oppose Proposed Cuts to Nursing Homes
Oppose Proposed Cuts to ACF/AL Providers
Oppose Proposed Cuts to Home and Community-Based Services
Ensure Access to Safe and Affordable Senior Housing in this Year’s Budget
Action Alert: New Staffing Legislation Added to Senate Health Agenda
The State Senate is poised to vote on a bill on Monday that may impose new costs on non-profit nursing homes. The bill, S.4336-A (Rivera), would require at least 70 percent of aggregate nursing home revenue to be spent on the direct care of residents and at least 40 percent on staff wages and benefits and contracted staffing services. Any facility that fails to meet these patient care and staff wage expenditure ratios would be required to rebate to all payers the difference between the actual direct care expenditures and the amounts required to achieve the ratio. Importantly, a similar requirement is included in the Governor’s 30-day amendments.
Please call your State Senator TODAY and tell them that you oppose S.4336-A.
When speaking with your Senator’s office, describe the impact of the COVID pandemic on your facility’s financial condition, and if applicable, explain why the ratio does not reflect the true amount you spend on resident care (e.g., you have high revenues attributable to your non-nursing home services, you have high capital costs, you’re spending substantial sums on PPE and testing, or you incur physician costs that are not included in the direct care ratio). As appropriate, highlight your high 5 Star ratings, especially on the staffing measure, and explain that the ratio contained in the legislation does not necessarily relate to quality. Of course, if you are aware of the potential financial impact on your facility, make sure to share that with your Senator as well.
Click here to look up your Senator’s phone number and contact information.
Governor Announces Reopening Nursing Home Visitation
Today, in a press conference, Gov Cuomo said he would allow nursing homes to open for visitation, subject to visitor testing. During the presentation, the Gov. indicated that visitation may proceed based on CMS/CDC guidance.
The CMS guidance provides that indoor visitation may occur if: “There has been no new onset of COVID-19 cases in the last 14 days and the facility is not currently conducting outbreak testing.” https://www.cms.gov/files/document/qso-20-39-nh.pdf. Under the CMS/CDC guidance, it appears that outdoor visitation may occur even if the facility has COVID cases. DOH has often been more restrictive than this, but until we get further guidance from DOH on this new announcement, this is all we have to turn to.
We have reached out to the DOH seeking immediate guidance as we know that you will begin hearing from families as soon as this hits the local media. We have urged that this guidance be released today. We are also asking for clarification on if this applies to ACFs as well. We will alert members as soon as we get additional information.
In the meantime, if families contact you asking about the Governor's announcement on visitation, feel free to ask them to call the Department of Health directly for more information. The DOH public information phone number is 518-474-7354.
Advocacy Engagement Form Now LIVE
LeadingAge NY wants to hear about your legislative meetings! If you have met with your elected officials over the last few weeks, for our virtual advocacy days or otherwise, please take a moment to fill out our new Advocacy Engagement Form! This form will now be available on our advocacy website year-round, and we encourage members to make a habit out of filling it out after interacting with their legislators.
This new tool will allow LeadingAge NY to best support members in their advocacy and enhance the overall impact by streamlining follow up and targeting legislators interested in specific issues. We hope you find it helpful. If you have any suggestions or questions, please contact Sarah Daly at sdaly@leadingageny.org.
Urge Congress to Pass Expanded COVID Relief!
We are hearing that members of the NY Congressional Delegation and the U.S. Senate have not heard from many LTC providers specifically on the need for COVID-relief. It is critical that our federal representatives understand the financial strains you are experiencing from the COVID-19 pandemic.
Members can engage in national advocacy TODAY and click here to send a message to Congress, urging them to act on a new relief bill that will help with a national vaccine distribution program, ensure access to testing and PPE, strengthen our aging services workforce, and increase provider relief funds to help control the staggering costs of providing care and services during the pandemic.
Raise your voice TODAY by asking your members of Congress to support a new COVID-19 relief bill that prioritizes older adults and those who care for them!
2021 Virtual Advocacy Resources
While our official advocacy days have concluded, our 2021 grassroots advocacy work is just getting started. Our 2021 Virtual Advocacy website will remain active as it provides relevant information members can use to continue having successful meetings with lawmakers. Tools include our Virtual Meeting Scheduling Guide, budget issue briefs, as well as a recording of our Budget and Advocacy Day Briefing.
Additionally, Sarah Daly, Government Relations Analyst at LeadingAge NY, is available to help you make an advocacy plan for the weeks and months of critical advocacy still ahead. We are happy to help schedule meetings and consider what other lawmakers would be worthwhile for your organization to connect with. Sarah can be reached via email at sdaly@leadingageny.org.
Thank you, as always, for your participation in advocacy at this critical time.
Urge Lawmakers to Support Long-Term Care Providers Still Fighting COVID-19
Since the beginning of the COVID-19 Public Health Emergency in March of 2020, aging services providers, including nursing homes, assisted living, home care, and senior housing, have faced numerous challenges in keeping the people they serve and their staff safe from COVID-19.
LeadingAge NY has drafted two advocacy letters, urging lawmakers to support long-term care providers that are still fighting COVID-19. The letters remind lawmakers what providers have endured for the last 11 months and implores them to ensure proper funding and resources for aging services.
Use the links below to contact your elected officials TODAY! After you send your letter, be sure to share the link with colleagues, board members, residents and families.
Family/Resident Letter - Urge Lawmakers to Support LTC Providers Still Fighting COVID-19
Provider Letter - Urge Lawmakers to Support LTC Providers Still Fighting COVID-19
Urge Lawmakers to Prioritize Senior Housing for COVID-19 Vaccine
Elderly New Yorkers living in senior housing are at high risk for COVID-19 and have not been appropriately prioritized by the State of New York or the Federal Government for COVID-19 vaccination. These seniors are often in their 80s, and many need assistance from outside caregivers with activities of daily living. An estimated 38% of all residents currently living in the Department of Housing and Urban Development’s (HUD) Section 202 Housing for the Elderly program could be considered “frail” or “near-frail" putting them at risk of severe implications from coronavirus.
With the importance of these individuals being vaccinated in mind, senior housing providers should have the opportunity to work with the Department of Health and Regional Vaccination Networks to begin planning vaccination clinics that can occur on site.
LeadingAge & LeadingAge NY Coronavirus Resources
LeadingAge NY continues to closely follow all COVID-19 news and we are doing our best to keep members informed of updates, recommendations and guidelines from the Department of Health (DOH).
LeadingAge NY and LeadingAge National Member resources are linked below.
LeadingAge NY Coronavirus Resources
LeadingAge NY COVID-19 Weekly Update calls – Mondays at 11 a.m. Click here to join the call from your computer, android or apple device. Or you can join the call by dialing in: 877 853 5257 (Toll Free); Webinar ID: 852 964 255.
LeadingAge National Coronavirus Resources Page
LeadingAge National Pandemic Playbook
COVID-19 Group in the MyLeadingAge Member Community
Coronavirus Daily Member Update calls – Mondays, Wednesdays and Thursdays from 3:30-4:30 p.m. Past call recordings are available here and you can register here for future calls.
Contact: Ami Schnauber; 518.867.8854; aschnauber@leadingageny.org
Sarah Daly; 518.867.8845; sdaly@leadingageny.org