Legislative Bulletin: What to Expect from Remainder of 2021 Legislative Session
April 16, 2021
LeadingAge NY Publishes Comprehensive Final Budget Overview
Late last week, the State Legislature completed their work on the final budget for State Fiscal Year (SFY) 2021-22, effective for the period April 1, 2021 through March 31, 2022. The final budget includes significant investments to support recovery from the COVID-19 pandemic and home and community-based services (HCBS), as well as other major policy initiatives, including nursing home direct care spending ratios, legalization of adult recreational use of marijuana and mobile sports wagering. Last night, LeadingAge NY published a comprehensive final budget overview reviewing the key final budget items impacting aging services, long-term/post-acute care (LTPAC) and senior housing providers.
Throughout the budget process, LeadingAge NY mobilized our members around critical issues and saw extraordinary engagement in advocacy efforts. We were successful in averting proposed cuts and securing new investments in long term care services. Our efforts led to the inclusion of over $1.6 billion for HCBS and over $64 million in new State-share Medicaid funding for nursing homes. We were also able to prevent several onerous and harmful proposals, while modifying others to mitigate the impact on our membership.
These outcomes demonstrate the effectiveness of the considerable sustained advocacy efforts of the LeadingAge NY membership. However, we have more work ahead, as some budget initiatives will be implemented through legislation or regulations to be adopted subsequent to the budget process. We will continue to keep members apprised of these developments and any needed advocacy action items. In the meantime, we thank all LeadingAge NY members for your diligent and consistent advocacy. Our final budget successes would not have been possible without your engagement in the process. Thank you!
What to Expect from Remainder of 2021 Legislative Session
Now that the Legislature has completed their budget work, lawmakers are turning their attention to their remaining policy priorities and the legislative work still ahead. The Legislature is scheduled to return to session on Monday and is expected to continue their work for the next few months, concluding the 2021 Legislative Session on June 10th.
While we are pleased with the outcome of the State Budget and were successful in avoiding many onerous and burdensome proposals that would have negatively impacted our members, it is clear that long-term care and aging services issues remain front-of-mind for legislators. The COVID-19 pandemic has highlighted for lawmakers the need to improve New York’s aging services and the care available to seniors. This focus is likely to persist for the remainder of session. In many ways, this presents an opportunity for our long-standing policy initiatives such as medication technicians in the nursing home, role of the nurse in assisted living, resident assistants in affordable senior housing, chronic underfunding of LTC, etc. However, this attention simultaneously bears the risk of the Legislature passing bills aimed at increasing provider penalties, increasing oversight and/or other potential burdensome proposals to come.
We ask members to please stay engaged with us on all legislative updates and action alerts that will come over the next several months. As we prepare for the Legislature’s return to session next week, there are several bills on the Senate and Assembly calendars that could be passed on any session day. Please take a moment to send your lawmakers the below pre-written letters, opposing legislation that would increase penalties for adult care facilities (ACF) and further restrict the use of psychotropic medications in nursing homes and ACFs:
- Urge Lawmakers to Reject an Increase in Penalties for Adult Care Facilities - Memo of Opposition
- Oppose Further Restrictions on Psychotropic Medications in Nursing Homes and ACFs - Memo of Opposition
Two other bills that are poised for passage as early as next week are: A.192 (Gottfried)/S.1577 (Rivera), a bill we support that would allow individuals receiving Traumatic Brain Injury (TBI) and Nursing Home Transition and Diversion (NHTD) waiver services to continue to receive such services outside of managed care programs; and A.191 (Gottfried)/S.1451 (Rivera), a bill that would require hospitals, nursing homes or diagnostic and treatment centers seeking any type of certificate of need (CON) approval to submit a health equity impact assessment along with its application.
Thank you in advance for your continued engagement in advocacy and legislative updates. If you have any questions regarding the status of existing legislation, please contact Sarah Daly at sdaly@leadingageny.org.
Nursing Home Consolidation Bill Delivered to the Governor
Earlier this week, A.5684-A (Gottfried)/S.4893-A (Rivera) was delivered to the Governor, requiring Executive action by Saturday, April 24th. The bill carries concerns for LeadingAge New York and our membership, as it would place new requirements around the approval of nursing home acquisitions and consolidations. While we support the intent of the bill to ensure that only those individuals and entities that meet high standards of character and competence are approved to operate nursing homes, we are concerned that this bill may delay or prevent consolidations among not-for-profit nursing homes and may delay necessary contractual arrangements for management or staffing services.
LeadingAge New York will be sending a letter to the Governor’s office, expressing the concerns outlined in our memo of opposition and urging that the bill be vetoed. If members have concerns about this bill, they can also contact the Governor’s office in opposition via this link.
Days Away from LeadingAge National Lobby Day!
We are just days away from the 2021 LeadingAge National Lobby Day! Congressional lobby days serve as great opportunities to meet with elected officials and advocate for issues that are important to aging services. Importantly, with new Senate Majority Leader Chuck Schumer leading the Senate and House Democrats maintaining their majority, New York is well positioned to be particularly influential on the national level at this time.
We strongly encourage LeadingAge NY members to take advantage of our strategic position and join us in engaging with Federal lawmakers! This year, as aging services providers begin the process of rebuilding in a post-crisis world - it is more critical than ever to make our voices heard.
LeadingAge’s Congressional Lobby Day is scheduled for Wednesday, April 21st, and you can still join us!
We have some great New York meetings scheduled for the lobby day, including a meeting with Leader Schumer’s office and Senator Gillibrand’s office. On Wednesday, LeadingAge National hosted a “Know Before You Go” Lobby Day training to help members prepare for their meetings. If you plan to join us for lobby day and you missed the training, a video recording is available here. Advocacy meeting materials and other information on lobby day is available here.
Additionally, LeadingAge New York will be hosting our own Lobby Day Planning Call on Tuesday, April 20th at 11 AM. This call will be used to plan out the flow of the meetings with our U.S. Senators, dictate which LeadingAge NY staff will be joining each of the meetings, review materials, and answer any other questions members may have. Zoom meeting information for this planning call has been sent directly to members registered for National’s Lobby Day. If you did not register for the National Lobby Day, but would like to join us for meetings, please contact Sarah Daly at sdaly@leadingageny.org.
Urge Congress to Sign Letter for Investment in Affordable Senior Housing!
President Biden has introduced his $2 trillion “American Jobs Plan” which would substantially increase funding for affordable housing and home and community-based services (HCBS). The infrastructure plan calls attention to the severe shortage of affordable housing options in America, and calls for $213 billion to “build, preserve, and retrofit more than two million homes and commercial buildings” through the following approaches:
- Produce, preserve, and retrofit more than a million affordable, resilient, accessible, energy efficient, and electrified housing units
- Build and rehabilitate more than 500,000 homes for low- and middle-income homebuyers
- Eliminate exclusionary zoning and harmful land use policies
- Address longstanding public housing capital needs
- Put workers back to work upgrading homes and businesses
It is difficult to say exactly how this proposal will play out in negotiations, however, the President’s proposal provides the perfect opportunity for us to make sure New York Congressional representatives understand the critical need for increased investment in affordable senior housing!
LeadingAge NY has created this new Federal Issue Brief on Affordable Housing, highlighting our asks for HUD funding, capital investments and related items such as internet access and age-friendly retrofits. Members are encouraged to contact their members of Congress, relay these requests and explain how your region and the seniors that live there would benefit from proper investment in affordable senior housing.
Additionally, House Committee on Financial Services Chairwoman Maxine Waters (D-CA) is circulating a sign-on letter to her House colleagues in support of strong rental assistance funding levels for several HUD programs. Please call your Representatives and urge them to sign this important letter by its April 21st deadline. House offices can sign onto the letter by contacting Sarah Bassett in Chairwoman Waters’ office at sarah.bassett@mail.house.gov.
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