Legislative Bulletin: LeadingAge New York Bills to Watch for End of Session

May 26, 2023

LeadingAge New York Bills to Watch for End of Session

The 2023 Legislative Session is scheduled to conclude on June 8^th, and there are only seven session days remaining on the calendar. While this sounds like a short time, there is a great deal of legislative activity taking place in these final weeks. For example, this week, the Legislature held a total of 70 committee meetings and four public hearings in an effort to advance the legislative priorities the body hopes to address before the close of session.

With many long term care-related issues still front-of-mind for lawmakers, and with some of LeadingAge New York's own policy priorities remaining unaddressed, it is certain that we will need your continued advocacy throughout the remainder of this session.

Below is a list of top priority issues for LeadingAge New York membership to be aware of over the next two weeks. As you will see, many of the bills listed also have a corresponding digital letter writing campaign. We hope you will join us in advocacy FOR or AGAINST the issues that matter most to you! For the listed bills that have a digital letter campaign available, we hope you will take a moment to complete the corresponding form and contact your state legislators! It only takes a few minutes to complete the digital letter writing campaign and amplify our unified voice!

LeadingAge New York SUPPORTS the Following Bills:

Nursing Home Rebasing – Memo of Support – TAKE ACTION TODAY!
- This bill was advanced to Assembly Ways and Means and Senate Finance Committee this week.

Assisted Living Program (ALP) Rebasing – Memo of Support
- This Senate bill was introduced last week and the Assembly bill was introduced on Thursday. Both bills remain in the Assembly and Senate Health Committees.
The Role of the Nurse in Adult Care Facilities (ACFs) – Memo of Support - TAKE ACTION TODAY!
- This bill was advanced to the Senate Calendar and Assembly Ways and Means Committee this week.
Continuation of Inter-State Nurse Licensure Flexibilities – Memo of Support
- This bill was advanced to Assembly Ways and Means this week. It does not have a Senate same-as.
- This bill has been added to a Ways and Means meeting agenda for next week.
Implementation of Federal Conflict of Interest Rule – Memo of Support
- This bill was advanced to Assembly Ways and Means and Senate Finance Committees this week.
MLTC Performance Standards – Memo of Support
- This Senate bill was introduced last week and the Assembly bill was introduced on Thursday. Both bills remain in the Assembly and Senate Health Committees.
Office of Medicaid Inspector General Audit & Review – Memo of Support
- This bill was advanced to Assembly Codes and Senate Finance Committees this week.

LeadingAge New York OPPOSES the Following Bills:

New Nursing Home Survey Posting Requirements – Memo of Opposition - TAKE ACTION TODAY!
- This bill has passed in the Assembly and is in Senate Health Committee.
Restrictions on Psychotropic Medications in Nursing Homes and ACFs – Memo of Opposition - TAKE ACTION TODAY!
- This Assembly bill was introduced this week. The bill remains in the Assembly and Senate Health Committees.
Increase in Nursing Home & LTC Provider Penalties – Memo of Opposition –TAKE ACTION TODAY!
- This bill is currently on Assembly Calendar and in Senate Finance Committee.
Increase in Penalties for ACFs – Memo of Opposition - TAKE ACTION TODAY!
- This bill remains in the Assembly and Senate Health Committees.
Training for Patient Transporters – Memo of Opposition
- This bill is on the Assembly Debate List and in the Senate Health Committee. The bill as written would apply to nursing homes.
Nursing Home Closure Requirements – Memo of Opposition
- This bill is in Assembly Rules Committee and Senate Finance Committee.

Emergency Evacuation Plans for Housing – Memo of Opposition
- This bill was advanced to the Assembly and Senate Calendars this week.

Wrongful Death – Memo of Opposition
- This bill was advanced to Assembly Rules and Senate Calendar this week.

Thank you for your advocacy throughout the remainder of the 2023 Legislative Session! We will keep you apprised of the latest advocacy action items via email action alerts and our weekly Legislative Bulletins.

ACTION ALERT: Urge Legislators to Co-Sponsor Nursing Home Rebasing Legislation!

This week, LeadingAge NY priority legislation A.5905-A (Woerner)/S.6914 (Rivera), advanced out of the Senate and Assembly Health Committees. In the Senate, the bill was referred to the Finance Committee. In the Assembly, the bill was referred to Ways and Means. With two weeks and only seven legislative session days remaining for this year, it is critical that we urge our state legislators to advance and pass this critical piece of legislation.

Please join us in urging state legislators to pass this bill and establish a long-term solution to the chronic underfunding of nursing homes! CLICK HERE to enter your information and contact your state legislators in support of nursing home rebasing!!!

After you send the above digital letter, we also encourage members to consider placing a call to legislative offices, urging that this bill be made a priority for the remainder of session. This is particularly helpful if your Senator sits on Senate Finance, or if your Assembly Member sits on Ways and Means. You can find your legislators and their contact information here. The below nursing home rebasing talking points can be used to inform your phone calls and voice messages.

Nursing Home Rebasing Talking Points - A.5905-A (Woerner)/S.6914 (Rivera):

I am calling today to urge you to provide a long-term solution to the chronic underfunding of nursing homes and long-term care!
I ask that you support bill A.5905-A /S.6914 by signing on as a co-sponsor and urging legislative leadership to make this bill a top priority for the remainder of 2023 legislative session.
This year, nursing home families, staff and providers like myself from across the state urged the legislature to provide a 20% Medicaid increase for nursing homes.
We requested a 20% increase because our nursing home Medicaid rates today are based on 2007 costs. Our rates have not been updated for inflation ever since, despite the fact that costs have risen by 42%, conservatively.
To solve the root of the problem, the Legislature should require the State to update nursing home Medicaid rates at least every 5 years to better reflect current costs.
This can be accomplished with nursing home “rebasing”– as proposed by Assembly Bill A.5905 (Woerner) and Senate Bill S.6914 (Rivera).
I thank the Legislature for proposing and fighting for a 10% Medicaid increase for nursing homes in this year’s budget, and I am grateful for the investments that were ultimately provided in the final agreement. But, without a long-term solution, we will find ourselves in the same position again every year.
Please remember, today there are 6,000 fewer nursing home beds available than there were in 2019, and older adults are being turned away for the care they need due to underfunding and staffing shortages.
We need a long-term solution, and we need the Legislature’s support to get us there.
I urge you and your colleagues to make this legislation a top priority for the remainder of session!

NEW - After you place your phone call, please also take a moment to copy & paste the below message on Twitter & other social media platforms! Download & save this graphic to include it in your social media post.

@AndreaSCousins & @CarlHeastie - Please pass Nursing Home Rebasing Bill A.5905/S.6914! Outdated Medicaid rates impact provider's ability to recruit & retain staff; it also impacts access & quality of care. NY needs a long-term solution to the underfunding of nursing homes!

ACTION ALERT: Urge Legislators to Support Role of the Nurse in ACF!

Another LeadingAge NY priority bill that is moving in these final weeks of session is the “Role of the Nurse” in adult care facilities (ACF) legislation A.5670 (Solages)/S.5471 (Rivera). The bill would allow nurses that are employed by an ACF or assisted living facility to provide temporary but necessary nursing services to their residents. This legislation makes it clear that residents who need a higher level of care will still indeed get a higher level of care if they truly need it. At the same time, it allows for a community to reserve emergency response for those instances where the resident truly needs to go to the emergency room, or when there is an emergency in the larger community. This bill provides a common sense and person-centered approach to ACF and assisted living services, which is also consistent with federal and state policy.

This week, this bill was advanced to the Senate Floor Calendar and was advanced to Assembly Ways and Means. This is a critical time to do some advocacy to maintain our momentum!

CLICK HERE to send a digital advocacy letter to your elected officials, urging them to support the Role of the Nurse in ACF legislation!

After you send the above digital letter, we also encourage members to consider placing a call to legislative offices, urging that this bill be made a priority for the remainder of session. This is particularly helpful if your Assembly Member sits on Ways and Means. You can find your legislators and their contact information here. The below talking points can be used to inform your phone calls and voice messages.

Role of the Nurse Talking Points - A.5670 (Solages)/S.5471 (Rivera):

I am thrilled to see that this week, bill A.5670 (Solages)/S.5471 (Rivera) was advanced to the Senate Floor and the Assembly Ways and Means Committee.
This bill is a priority for me and my organization, and it would allow nurses working in adult care facility and assisted living settings like my own to work within their licensure to provide temporary nursing services to residents that need occasional assistance.
Many assisted living facilities in the state currently employ nurses, but their residents are not able to benefit because of restrictions on the duties the nurses can perform in the facility.
Unfortunately, this means that capable nurses working in these settings can’t provide services to residents; instead, a third party must be brought in to serve the resident. This applies in even very minor situations where a resident may need help with temporary eye drops or an ointment.
This restriction is costly to the State and residents alike.
When a nurse cannot provide a simple assessment to a resident, it leads to otherwise avoidable emergency room visits.
Restricting nurses from being able to use their skills also adds to home care costs for the resident.
I urge you to work with your colleagues to continue to advance A.5670 (Solages)/S.5471 (Rivera). Doing so will improve outcomes and quality of life for older adults. It also will improve efficiencies within our long-term care and larger health care sector.

LeadingAge NY Priority Legislation Introduced

Amidst the flurry of committee activity and bill movement this week, LeadingAge New York was successful in working with legislators to introduce two priority bills for the remainder of the session. The first is a bill that would ensure more adequate Medicaid reimbursement for Assisted Living Programs, “ALP Rebasing”, A.7553 (Paulin)/S.7248 (Cooney). The second is a bill which would clarify and correct a Fiscal Year 2023-24 budget measure that established performance standards for Managed Long-Term Care (MLTC) plans. The bill, A.7554 (Paulin)/S.7293 (Ryan), would enable MLTC plans that also operate a Medicare Advantage Institutional Special Needs Plan (ISNP) or a PACE program to continue to operate in the State despite recent budget actions.

In addition to these and other recent introductions such as the “Nursing Home Rebasing” legislation A.5905-A (Woerner)/S.6914 (Rivera), LeadingAge New York is still seeking introduction of a standalone bill that would authorize the use of medication aides in the nursing home. We are currently in talks with Senate and Assembly leadership, discussing how we may accomplish this top priority before the conclusion of 2023 legislative work. We will continue to keep our membership apprised of any progress.

Psychotropic Medications Bill Re-Introduced in Final Session Days

Yesterday, Assembly Health Chair Amy Paulin introduced a bill that would further restrict the use of psychotropic medications in nursing homes and adult care facilities. The bill, A.7467 (Paulin)/S.466 (Sepulveda), would require an enhanced level of informed consent before psychotropic medications can be prescribed for residents of nursing facilities or ACFs. This bill requires health care professionals to receive written consent from the resident or the resident’s “lawful representative” before ordering or increasing the order of any psychotropic medication. The legislation would also limit all orders for psychotropic medications to 14 days. Generally, the efficacy of any prescribed medication cannot be determined within only 14 days.

The expectation for a professional to reorder medications every 14 days and receive written consent is unrealistic given the limited availability of physicians in many nursing homes (particularly in rural areas), and would create added burdens for residents and their families. The limited timeframe to re-order medications, receive written consent, and manage the outcomes could easily result in missed doses and associated adverse side effects for the residents themselves.

While LeadingAge NY providers recognize the importance of informed consent, this bill has several provisions rendering it impractical and potentially harmful to residents of these facilities. LeadingAge New York’s memo of opposition on the bill is available here. Members wishing to write to their legislators in opposition to the bill may do so here.

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.

*Please Note: Due to the observation of Memorial Day, LeadingAge NY will be hosting the COVID-19 Weekly Update on Tuesday, May 30^th at 11 AM.

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.

*Please Note: Due to the observation of Memorial Day, there will be no National Coronavirus Policy Update call on Monday, May 29^th. The next call will be held on Wednesday, May 31^st.

Contact: Sarah Daly; 518.867.8845; sdaly@leadingageny.org