Legislative Bulletin: LeadingAge NY Priority Legislation Moves in Final Weeks of Session
May 6, 2022
ACTION ALERT: LeadingAge NY Priority Legislation Moves in Final Weeks of Session
This week, several LeadingAge NY priority bills continued to make their way through the legislative process. Additionally, thanks to our member’s advocacy, we have been successful (so far) in arresting the progress of certain bills that would be harmful to our members. Members can find updates on the progress of key legislation, along with important action alerts, below.
ACF Penalties Legislation – Bill A.196-A (Gottfried)/S.1576-A (Rivera) was initially on the Senate Health Agenda for Tuesday, May 3rd, however, thanks to your advocacy, it was once again held in committee. Additionally, the Senate Health Agenda for next week is now available and the bill is not currently reflected there. While these are very positive developments for our opposition to the bill, we are not yet out of the woods. The Senate Health Agenda for next week could still be amended to add S.1756, or the bill could be moved from the Senate Health Committee entirely later on in the legislative session. In the Assembly, the bill is already on the floor and could be passed any day.
We need your help in keeping the pressure on lawmakers to oppose an increase in penalties to adult care facilities. Please CLICK HERE to send an email to your legislators TODAY!
LeadingAge NY strongly opposes this legislation, which proposes an increase in potential penalties for ACF violations from up to $1,000 per day to $2,000 per violation per day – or $3,000 per day for a repeat violation. LeadingAge NY’s memo of opposition to the bill is available here.
Role of the Nurse in Adult Care Facilities (ACF) – Bill A.9575 (Solages)/S.1593 (Rivera) was approved by the Senate Finance Committee this week and is now on the Senate Calendar, live for a vote and passage by the Senate as early as Monday, May 9th! However, in the Assembly, the bill remains in the Health Committee. We need our members to help us ensure this bill is taken up and approved by the Senate, and we need your help to get the bill moved out of the Assembly Health Committee!
Please CLICK HERE to send an email to your elected officials TODAY, urging them to support the passage of our Role of the Nurse in ACF legislation! Additionally, if your Assembly Member sits on the Assembly Health committee, we strongly encourage you to give them a call and explain how this proposal would be helpful for your organization, your staff, and your residents.
LeadingAge NY has long supported and advocated for this legislation which would allow ACFs to directly employ licensed practical nurses (LPNs) or registered nurses (RNs) to provide limited, “episodic” nursing services. LeadingAge NY’s memo of support for the Role of the Nurse in ACF bill is available here.
Restrictions on Home Care Overtime – Unfortunately, bill A.181-A (Gunther)/S.4885-A (Savino) moved out of the Senate Finance Committee this week and is now live on the Senate floor ready for passage. The bill is also on the Assembly floor and could be taken up for a vote on any day throughout the remainder of session.
Please CLICK HERE to send a message to legislators TODAY, urging them to oppose restrictions to home care overtime! If members feel strongly about this issue, we encourage you to also call your legislators and vocalize your position. Your legislators’ contact information is readily available here.
LeadingAge NY strongly opposes this legislation which adds home care visits to the existing law that no health care employer shall require a registered professional nurse or a licensed practical nurse to work more than that nurse’s regularly scheduled work hours or home care visits. LeadingAge NY’s memo of opposition to the bill is available here.
Nursing Home Notification and Cohorting Requirements – Unfortunately, bill A.6052 (Lunsford)/S.1785-A (Skoufis) was approved by the Senate Health Committee this week and moved directly to the Senate Floor. The bill was already passed by the Assembly during the thick of State Budget negotiations on March 23rd.
Please CLICK HERE to send a message to your legislators TODAY, urging them to oppose additional COVID-19 notification and cohorting requirements. Members are also strongly encouraged to call your state senator TODAY in opposition to this bill. Your Senator’s contact information is readily available here.
LeadingAge NY strongly opposes this legislation which requires nursing homes to notify all residents and their families or guardians within twelve hours of the detection of any pandemic-related infection. The legislation also requires nursing homes to cohort residents “suspected of being infectious.” LeadingAge NY’s memo of opposition to the bill is available here.
Hospice in the Assisted Living Program (ALP) – Bill A.8006 (Gottfried)/S.7626 (Rivera) was approved by the Senate Health Committee this week and is now also on the agenda for a Senate Finance Committee meeting on Tuesday, May 10th! The bill is also on the Assembly Ways and Means Agenda for Monday, May 9th. This is very exciting progress, but we need our members help to ensure this bill makes it over the finish line!
Please CLICK HERE to send an email to your elected officials TODAY, urging them to support the passage of our Hospice in the ALP legislation! Additionally, if your lawmakers sit on the Senate Finance or Assembly Ways and Means committees, we strongly encourage you to give them a call and explain how this proposal would be meaningful for your residents.
LeadingAge NY has long supported and advocated for this legislation which would enable ALP residents to access hospice services without having to re-locate during end of life. LeadingAge NY’s memo of support for this legislation is available here.
ACTION ALERT: New National Letter Writing Campaign - Tell CMS: Don’t Cut Medicare Payments!
On April 11, 2022, the Centers for Medicare & Medicaid Services (CMS) issued its 2023 Skilled Nursing Facility proposed payment rule that would cut provider reimbursements by $320 million. LeadingAge knows that the time for nursing home improvements is now—but true change requires new resources, not a funding cut.
Help us ensure all the voices of all LeadingAge members are heard! Tell CMS how damaging lower Medicare reimbursement rates would be—especially as nursing homes are dealing with increased pandemic expenses and the ongoing staffing crisis.
CLICK HERE to contact CMS Administrator Brooks-LaSure TODAY!
A LeadingAge National summary of the ruling and what members should be aware of is available here. An additional update from LeadingAge NY will be provided in next week’s Intelligence.
LeadingAge NY Weighs in During Virtual Public Hearing on 1115 Waiver Request
On Tuesday, the Department of Health (DOH) held the first of two virtual public hearings to provide an overview of the State’s 1115 waiver amendment request: Making Targeted, Evidence-Based Investments to Address the Health Disparities Exacerbated by the COVID-19 Pandemic. The three-hour hearing was comprised of a presentation from the DOH and two hours-worth of public comments from an array of stakeholders, including LeadingAge NY. LeadingAge NY Executive Vice President, Karen Lipson, weighed in on the waiver process and how the needs of older New Yorkers and those providers that serve them could be better met through the waiver. Once available, a recording of the event and the comments that were offered will be posted here.
The second of the two hearings will be held next week, on May 10th. Registration for that hearing is available here.
LeadingAge NY Signs-on to Housing Broadband Letter
This week, a coalition of affordable housing associations wrote to Governor Hochul in support of New York State directing additional new funding to provide affordable housing projects with critical broadband access. The letter praises the ConnectALL initiative and the $300 million in State funds and $1.145 billion in Federal funds allocated in the enacted 2022-23 State Budget for broadband purposes.
The letter reads, “This landmark investment in broadband, once realized, will address the digital divide that has grown within communities and has diminished the opportunities for lower-income people. We urge the Hochul Administration to prioritize and direct at least $228.4 million of this funding to affordable housing buildings for reliable and cost-effective broadband access.”
LeadingAge NY will continue to advocate that affordable senior housing must be prioritized for this fundings, as broadband is a critical component for older adults’ quality of life and access to critical telehealth services. A copy of the final letter that was sent to the Governor is available upon request.
ACTION ALERT: Economic Recovery Package Needed
Right now, Congress is crafting a new economic recovery and social spending bill. Some lawmakers want legislation to focus solely on energy, but that would leave older adults’ needs unmet—an unacceptable oversight, especially as 2022 Older Americans Month begins.
Congress must provide critical funding for home and community-based services, affordable senior housing, and workforce to support older adults. Please help us ask Congress to finish the work begun by the Build Back Better bill and pass an economic recovery package with important resources for older Americans and their families.
Please join us in advocacy and send a message to your U.S. Representatives and Senators today! Tell your federal representative that without these investments, too many older adults will not have their basic needs met. An economic recovery package must:
- Include at least $1 billion for HUD’s new Section 202 Supportive Housing for the Elderly homes.
- Preserve or increase the bill’s $150 billion for Medicaid HCBS.
- Preserve or increase the bill’s other key workforce investments.
Thank you for taking action!
Tell Us About Your Local Advocacy!
LeadingAge New York knows that many of our members are strong advocates within their regions. We greatly appreciate your diligent advocacy work to ensure that lawmakers understand the significant workforce and financial challenges long-term care providers are experiencing as you try to provide the best quality of care and quality of life possible to residents and older adults.
If you connected with your state lawmakers during the April Recess, or have in-person meetings or events being planned with lawmakers in mind, please take a moment to tell us about your local advocacy activities! Staying informed on our membership’s local advocacy activities is critical to ensuring that we make the most of the connections you are working so hard to make. It also allows LeadingAge NY to re-enforce your message here in Albany. To let us know about your local advocacy activities, please be sure to email Sarah Daly (sdaly@leadingageny.org) or use our Advocacy Engagement Form.
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