Legislative Bulletin: Legislators Begin to Finalize One-House Budgets
March 5, 2021
Call Your Legislators TODAY to Discuss Key Budget Issues
We are at an exceedingly critical point in the State Fiscal Year 2021-22 State Budget process. The Health and Medicaid Budget Hearing concluded late last Thursday, and we are hearing that the Senate and Assembly will be finalizing their one-house budgets in the coming days.
LeadingAge NY is connecting with lawmakers regularly, but we are hearing from many that they need to hear directly from the providers in their districts. We sent out an action alert on Wednesday and had great participation, with over 2,300 letters sent this week alone! Thank you for your advocacy!
We need to keep up this momentum and make sure Legislators hear our budget concerns loud and clear. Please take a moment to CALL your State Senator and Assembly Member TODAY!
Our budget issue briefs provide great talking points and can be used to inform your conversations with lawmakers. Our General Budget Issue Brief would be particularly useful, but of course, there are also service line specific briefs that provide greater detail. Legislator contact information can be found here. After you make your calls, please encourage your board members and colleagues to do the same!
Thank you for your continued participation in advocacy.
Update: Legislative Action on Nursing Homes
The Legislature has been busy the last several weeks, introducing and passing several pieces of legislation aimed at addressing perceived issues around nursing homes and quality of care. As we reported last week, the Senate passed a package of nursing home legislation, aimed to “better support and protect nursing home residents”. Included in the package was stand-alone bill S.4336-A (Rivera) which would establish a direct patient care spending ratio for nursing homes. The Senate passed their comprehensive package of nursing home legislation in its entirety last week; however, it is possible that additional bills that are passed in the Assembly could still become a priority for the Senate.
This week, the Assembly began work on their own legislative package for nursing homes. While there is some overlap between the two packages, there are several bills that are outliers. Additionally, the Assembly is taking a different approach than the Senate, passing nursing home related legislation in smaller batches. The Assembly has not issued a formal press release on the bills they intend to pass.
At this point, the following noteworthy bills have been passed in both houses: Reimagining Long-Term Care Taskforce; Nursing Home Discharges; Publication of Nursing Home Ratings; Compassionate Care Visitation; and a bill related to transparency of violations.
We expect that the Assembly may be taking up more nursing home related legislation next week. More specifically, we are on the look-out for any movement of Assembly Member Gottfried’s direct care staff spending legislation A.5685. This bill has more implications for LeadingAge NY membership than the Senate’s direct care bill that was passed in the Senate last week. We encourage members to connect with Assembly Members on the issue of workforce and stress that any staffing measure must be paid for. Medicaid reimbursement is too low for any additional unfunded mandates.
Additionally, a bill that we have advocated against in years past related to the administering of psychotropic medications in nursing homes and adult care facilities was placed on the Assembly Floor Calendar this week and could be passed in the Assembly as early as Monday. LeadingAge NY Memo of Opposition is linked here.
Nursing Home Immunity Repeal Bill Passed in Assembly
Yesterday afternoon, the Assembly passed bill A.3397 (Kim)/S.5177 (Biaggi) that would repeal the Emergency or Disaster Treatment Protection Act. LeadingAge NY strongly opposes this bill, as the Emergency or Disaster Treatment Protection Act provides health care providers and professionals with reasonable immunity from liability during the COVID-19 pandemic emergency. The Act promotes public health, safety and welfare by removing the fear of reprisal for health care facilities, agencies and individual caregivers who are treating high-risk individuals while trying to contain the spread of a deadly virus.
Notably, in July of last year the Legislature passed and the Governor signed legislation A.10840 (Kim)/S.8835 (Sepulveda) which narrowed the scope of the protections offered by the Emergency or Disaster Treatment Protection Act. The bill was prospective, meaning care provided or actions taken from March 2020 until the bill’s effective date are still protected by the Act.
The Immunity Repeal bill, which is sponsored by Assembly Member Kim and Senator Biaggi, goes further than the bill that was passed in July. Because the bill has already been passed in the Assembly, it is important that Senators are hearing from nursing homes in their districts. We encourage members to call their Senators and express their opposition to A.3397 (Kim)/S.5177 (Biaggi). LeadingAge NY’s memo of opposition is linked here for reference and potential talking points.
Legislature Moves to Repeal Expanded Executive Powers
State lawmakers are taking legislative action today to repeal the expanded executive powers that were granted to Governor Cuomo as the State began to address the COVID-19 pandemic last year. The issue of the Governor’s executive powers has been on the mind of lawmakers for several months and was highlighted further by the controversial executive order for nursing homes to accept COVID-positive discharges from hospitals last spring.
The legislation A.5967 (Heastie)/S.5357 (Stewart-Cousins), which was introduced on Tuesday and is expected to pass in both houses later today, seeks to establish a new system for the implementation, extension and modification of Executive Orders during a declared state of emergency. Any modifications or renewals of current pandemic-related executive directives will be subject to legislative review.
When asked about the legislation in an interview, Senate Deputy Majority Leader Mike Gianaris said "we certainly don't want to take away the state's ability to respond to disasters of that kind…so we're just going back to the rules as they existed before COVID.” Existing requirements such as wearing masks in public places and the current limits on public gatherings will continue as previously issued by the Governor. As he did prior to the pandemic, the Governor will retain the ability to issue executive orders, however, local governments will have more control over how to issue their own pandemic guidelines - as long as their directives don’t conflict with state-wide executive order.
Importantly, this legislative session Democrats have a veto-proof majority in the Legislature. If passed today as expected, the bill could be signed into law as early as next week.
Connect with your Lawmakers on Social Media!
Social media is an effective way to amplify our advocacy message. Its public nature also encourages lawmakers to engage and holds them accountable to listen to the issues affecting providers in their districts. At this critical point in our budget advocacy, it is a great time to engage with lawmakers on Twitter, Facebook, or even Instagram!
Please take a moment to Tweet your lawmakers with the following message. Feel free to include a photo to draw added attention:
“.@Legislator The COVID pandemic has exacerbated the effects of chronic under-funding of long-term care. Providers continue to shoulder excessive, unreimbursed added costs of COVID, on top of already inadequate reimbursement. Seniors deserve more. Support LTC in one-house budgets!”
Legislator’s social media accounts can easily be found with our Find My Legislator tool.
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!
Send Budget Letters to Lawmakers TODAY!
As reported above, this Friday’s Legislative Bulletin marks a critical point in our state budget advocacy. The Senate and Assembly will be finalizing their one-house budgets in the coming days, and it is vital that each house moves to restore proposed cuts and properly funds long-term care providers and workforce initiatives.
If you have not already done so, please use the below links to contact 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
- Support CCRC's in This Year's Budget
Tell Us How Your Meetings Went
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 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 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