Legislative Bulletin: Governor Hochul Delivers 2022 State of the State Address
January 7, 2022
Governor Hochul Delivers 2022 State of the State Address
On Wednesday afternoon, Governor Kathy Hochul delivered her first 2022 State of the State address from the Assembly Chamber floor. Setting the tone for the legislative session, she called for collaboration among elected officials, legislative and executive branches, and state and local officials. Her address was accompanied by a lengthy policy agenda for the coming year, entitled State of the State: A New Era for New York. LeadingAge NY was pleased that several of the proposals we had advanced to the Executive Branch on workforce, affordable senior housing, and long-term care models were included in the Governor’s policy agenda. In fact, Governor Hochul’s agenda demonstrates a more constructive focus on the needs of older adults and long-term care policy than any State of the State address in recent memory.
A substantial portion of the address was dedicated to rebuilding the state’s health care delivery system and its workforce. Of particular note for LeadingAge NY members, the Governor will issue a State Master Plan for Aging and invest $10 billion in the health care workforce and health care infrastructure needs. In addition, her policy agenda covered economic development, education, infrastructure, clean energy, and affordable housing. Following the address, LeadingAge NY shared with members a brief overview of some specific measures that were included in the State of the State.
The LeadingAge NY policy team will be thoroughly reviewing the Executive Budget Proposal legislation once it becomes available and will provide another high-level review of the proposal at that time. Then, approximately one week after the release of the budget bills, we will distribute a comprehensive memo on the Executive Budget Proposal, covering all service lines.
This is just the beginning of the State Fiscal Year (SFY) 2022-23 budget cycle, but we are pleased by the proposals we are seeing from the Governor thus far. Many of the proposals outlined in the State of the State are a result of the advocacy we all have done since the close of the 2021 Legislative Session. Thank you to all of our members for your continued advocacy on top of everything you are doing for the individuals in your care. Your voice is so appreciated and has allowed us to make the progress we have accomplished to date. However, there is a great deal of 2022 budget advocacy work still ahead, and we will need to keep the pressure on lawmakers to ensure all of our 2022 budget priorities are included in the Final SFY 2022-23 Budget.
Save the Date for 2022 Advocacy Days!
Due to the ongoing pandemic and the unprecedented challenges our membership is contending with, this year’s LeadingAge New York Advocacy Days will once again be virtual, focused on virtual Zoom meetings, phone calls and letter writing. Please SAVE THE DATE for our 2022 Advocacy Days scheduled for Feb. 9th, 10th, and 11th.
Virtual advocacy poses many unique benefits, including a reduced time commitment in order to participate in meetings and the inclusion of residents, staff, or board members in meetings. Virtual meetings with lawmakers can be organized, scheduled, and joined all from the comfort of your own workspace. Additionally, LeadingAge NY will be making it easy for members to send digital advocacy letters and make phone calls during advocacy days to get the attention of the Legislature. Member participation in virtual advocacy days may only take an hour or two of your time but will be the most impactful tool in drawing the Legislature’s attention to our 2022 budget priorities.
LeadingAge NY will be scheduling a handful of virtual meetings with key legislative leaders and legislative central staff for our advocacy days. However, to ensure we connect with as many lawmakers as possible during this critical time of the state budget process, members are strongly encouraged to begin setting up their own virtual meetings with your State Senator and Assembly Member as soon as possible. When providers and constituents schedule meetings themselves, there is a higher likelihood that the elected official themselves will join the meeting. Please note that LeadingAge NY policy staff will be available to join you for any of the meetings that you schedule. We are more than happy to join you for your meetings and be an additional, unified voice in our message to the Legislature.
You can find out who your lawmakers are by entering your information here. Once your meetings are scheduled, please send meeting details to Sarah Daly at sdaly@leadingageny.org. Additionally, if you need assistance in scheduling your meetings, would like to use a LeadingAge NY Zoom account for the meeting, or would like to discuss any advocacy strategy, please do not hesitate to reach out to Sarah directly.
We are at the start of another legislative session that is sure to be active for our long-term care and aging services providers. We will need as many members and allies as possible to be in frequent contact with their state lawmakers about our top 2022 budget priorities throughout the budget process. Advocacy Days are an incredibly impactful way to bring many voices together at a specific time to enhance the relevance and weight of our message. We hope that you will join us in urging the Legislature to #SupportOurSeniors in the SFY 2022-23 Budget cycle!
What You Need to Know About the New York State Budget Process
As we celebrate the welcoming of a new year, fresh starts, and the beginning of a new legislative session, it is important that we also note that we are right now, at the very beginning of a new state budget negotiation cycle. So much happens from year to year, so we wanted to share some reminders about the state budget process and some important dates to be aware of.
The State budget process kicked off this week with the Governor’s State of the State address on Jan. 5th, where the Governor highlighted some of her key priorities that will be included in her SFY 2022-23 Executive Budget Proposal. While this gives us a sense of what may be in the Executive’s proposal, we are still awaiting the accompanying legislation. Budget bills for the Executive’s proposal are due no later than Jan. 19th. Once the Governor’s comprehensive proposal is in print, the real heavy work for the Legislature and stakeholders begins.
Through late January and all of February, stakeholders and members of the Legislature will review the Executive’s proposal and begin to recommend changes and amendments to the Governor as well as legislative leadership. The Governor has one opportunity to amend her proposal with the “30-day amendments”, which will be due no later than Feb. 18th.
In early March, both the Senate and Assembly will finalize their one-house budget proposals, amending the Executive’s proposal to reflect what each house of the Legislature believes should be included in the SFY 2022-23 Final Budget. Following the completion of the one-house budget process, “three-way negotiations” will begin between the Executive, the Senate, and the Assembly. These negotiations will proceed through-out March with the goal of coming to a final agreement for an on-time SFY 2022-23 Final Budget, which will be due March 31st.
It is not unheard of for budget negotiations to extend beyond the due date of March 31st. While the previous administration made it a top priority to have an on-time budget, we now have a new Governor whose focus may differ – particularly in light of the ongoing pandemic. While this may be a lot of information for members to consider all at once, please be assured that LeadingAge NY will be guiding members through our advocacy strategies and priority areas every step of the way. Often, our advocacy focus and strategies will evolve throughout the process.
LeadingAge NY Meets with DOH Commissioner on Nursing Home Issues
Yesterday morning, LeadingAge NY met with Dr. Mary Bassett, the new Commissioner of the New York State Department of Health (DOH). Dr. Bassett stressed the importance of the vaccinations and boosters for nursing home residents to protect them from severe outcomes due to the COVID-19 Omicron variant. She reported that nearly 70 percent of all nursing homes have residents who have tested for COVID-19 at this time. DOH is stressing that it is imperative that nursing homes ensure access to booster shots once individuals are eligible.
Dr. Bassett discussed, and we wanted to ensure that members are aware, that the State is sending surgical masks and home test kits to all nursing homes via UPS. Approximately one-third of the shipments have gone out thus far, with all supplies expected to be delivered this week through next Wednesday. There is flexibility in the uses for these supplies, including allowing visitors to test and offering visitors these masks in place of cloth masks. Nursing homes can also request N95 masks through your local Office of Emergency Management (OEM). Click here for more information.
During the meeting, we discussed the critical workforce situation in nursing homes and urged the State to do all they can to offer resources and support to the provider community. Dr. Bassett pointed to the Governor’s State of the State address, which outlined various workforce investments and initiatives, the details of which will be seen in the Executive Budget proposal later this month. LeadingAge NY warned, however, that some nursing homes may not be able to wait for the conclusion of the budget process for support and relief.
LeadingAge NY again advocated for a reduction in the daily HERDS reporting, conveying how very stretched resources are and the impact that some relief from the burden of daily reporting would offer. LeadingAge NY also noted, while supportive of visitation, the risk that unvaccinated visitors pose to residents and staff of nursing homes.
The Commissioner was receptive to feedback and expressed the sentiment that this would be an ongoing dialogue. She concluded the message by again stressing the importance of doing all we can to protect nursing home residents during this challenging time.
Nursing Home Minimum Nursing Hours and Minimum Direct Care Spending Requirements on Hold
On Dec. 31st, Governor Hochul issued Executive Order (EO) 4.4 extending the statewide health care staffing emergency and temporarily suspending the minimum nursing hours (i.e., 3.5 hours per resident day) and minimum direct care spending requirements (i.e., 70/40) for nursing homes that were otherwise slated to take effect on Jan. 1, 2022. Specifically, the EO provides that, in light of the staffing shortage caused by the COVID-19 public health emergency, the following are suspended or modified:
- the minimum nursing hours statute "to the extent that failure of a nursing home to meet the daily average staffing hours will not be held to be a violation of the Public Health Law";
- the minimum direct care spending statute "to the extent that failure of a residential health care facility to spend a minimum of seventy percent of revenue on direct resident care, and forty percent of revenue on resident-facing staffing, will not be held to be a violation of the Public Health Law."
The EO and the suspension of the requirements are effective through Jan. 30, 2022.
LeadingAge NY has been advocating on several fronts, along with many of our members, for relief from the nursing hours (3.5 per resident day) and direct care spending mandates. In particular, we have stressed the infeasibility of the minimum nursing hours requirements given dire staffing shortages across the state. LeadingAge NY has pointed out that the minimum nursing hours ratios would force nursing homes to reduce admissions even further, thereby exacerbating discharge delays from hospitals. It appears that these concerns were heard.
LeadingAge NY is also planning to file suit in relation to both the minimum nursing hours and minimum direct care spending requirements. Another association has filed suit on only the minimum direct care spending law.
In an article published earlier this week by LeadingAge NY, we review the EO and advise members to do their best to prepare for compliance in February when the EO is due to expire. We also provide some key reminders and recommendations pertaining to the minimum nursing hours requirements.
LeadingAge NY will continue to keep members apprised of any new developments in relation to these laws.
LeadingAge & LeadingAge New York 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
COVID-19 Group in the MyLeadingAge Member Community
LeadingAge National Coronavirus Policy Updates – Mondays and Wednesdays at 3:30 p.m. Past call recordings are available here and you can register here for future calls.
Contact: Sarah Daly; 518.867.8845; sdaly@leadingageny.org