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Legislative Bulletin: Make Some Noise for LTC Priority Bills in Final Days of Session!

 June 2, 2023

Make Some Noise for LTC Priority Bills in Final Days of Session!

The 2023 Legislative Session is scheduled to conclude NEXT WEEK on June 8th. This means that we have only a few days left to make some noise, urging state legislators to prioritize the needs of not-for-profit and public long-term care (LTC) providers.

Furthermore, right now is a key time to ensure we are putting our entire advocacy power behind the bills that we support. During the final days of session next week, it is possible that some bills that we oppose could begin to move at the eleventh hour, at which point we may need to focus some grassroots advocacy efforts on opposing those bills. Therefore, TODAY is a critical opportunity to make sure we are contacting legislators in support of the bills we want to see passed this year.

Remember, your issues ARE your legislators’ issues. The challenges impacting you, your staff, and your residents/patients, are the challenges that your legislators should be working to solve. Don’t miss this opportunity to urge them to take actions that will support the non-profit and public LTC sector and the vulnerable people we serve.

Below are a few different action items we hope members will focus their efforts on today. Members can also see a more comprehensive list of high-level priority bills in the section titled, “Bills to Watch for Final Days of 2023 Legislative Session”.

 

ACTION ALERT: Urge Assembly Members to Make Nursing Home Rebasing TOP PRIORITY!

This week, LeadingAge NY priority legislation A.5905-A (Woerner)/S.6914 (Rivera) unfortunately did not advance out of the senate Finance Committee or the Assembly Ways and Means Committee. The passage of this bill, requiring the more frequent rebasing of nursing home Medicaid rates, is top priority for LeadingAge NY and our nursing home membership. As such, we need to ensure we are making as much noise as possible in urging the Legislature, particularly the Assembly, to pass this bill before the end of session.

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 contact your state legislators in support of nursing home rebasing!!!

After you send the above digital letter, we strongly encourage members to call your State Assembly Member. This is because we are hearing the bill is running into some roadblocks in the Assembly, so we must concentrate some efforts there. Please urge your local Assembly Members to contact Asm. Speaker Carl Heastie, asking him to make A.5905, nursing home rebasing, a top priority for the end of session. You can find your Assembly Member 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 – For Assembly Bill A.5905-A (Woerner):

  • 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 by signing on as a co-sponsor, and urging Assembly Speaker Carl Heastie to make this bill a top priority in the final days of session.
  • I ask that you point out to leadership that this bill should be passed during THIS legislative session.
  • Non-profit and public nursing homes are struggling to survive with outdated rates and a high dependence on Medicaid reimbursement. Roughly 75% of nursing home care in our state is paid for by Medicaid. Meanwhile, our rates have not been updated for inflation since 2007, despite the fact that costs have risen by 42%, conservatively.
  • I appreciate the 7.5% Medicaid rate increase provided to nursing homes in this year’s budget, and I further appreciate the 10% that was proposed by the Legislature. However, both of these numbers are a drop in the bucket when considering increases in costs over the last 15 years.
  • 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).
  • Without a long-term solution to the underfunding of nursing home care, it is certain we will find ourselves in the same position again every year - with decades old rates and access to care issues for older adults.
  • I urge you and your colleagues to make this legislation a top priority for the remainder of session!
  • Thank you for your time.

 

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

Another LeadingAge NY priority bill that is moving in these final days 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.

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. 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 last 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.

 

Amplify End-of-Session Social Media Messages!

In addition to the above action alerts to email and call state legislators, LeadingAge NY membership is strongly encouraged to help us bring our advocacy to social media. Social media is a great tool to publicly urge lawmakers to take certain actions that will benefit the care and services available to older adults living in long-term care settings. With one week remaining of this year’s legislative work, it is a critical time to bring public attention to our top legislative priorities.

Please take a moment to copy & paste the below messages on Twitter & other social media platforms!

  1. Nursing Home Rebasing:

Nursing Home Medicaid rates directly impact a home's ability to recruit & retain the direct care staff our residents deserve. That's why I'm urging @AndreaSCousins & @CarlHeastie to pass Nursing Home Rebasing Bill A.5905/S.6914! NY needs a long-term solution LTC underfunding!

  • Download & save this graphic to include it in your social media post.
  1. ALP Rebasing:

The Assisted Living Program (ALP) is the only AL option for low-income older adults in NY.But the ALP Medicaid rate has not been updated since 2007. @AndreaSCousins & @CarlHeastie please pass ALP Rebasing Bill A.7553 /S.7248 to ensure the viability of this critical program.

  • Download & save this graphic to include it in your social media post.
  1.   Role of the Nurse in ACF:

Today, licensed nurses employed by certain Adult Care Facilities are not permitted to use their nursing skills for residents, even temporarily. This restriction leads to unnecessary medical costs for the resident & state. @AndreaSCousins & @CarlHeastie please pass A.5670/S.5471!

Thank you for joining us in social media advocacy!

 

Bills to Watch for Final Days of 2023 Legislative 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 in these final days of session.

Below is a list of top priority issues for LeadingAge New York membership to be aware of. 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:

  • CCRC ‘Revitalization’ – Memo of Support on the way! - Introduced this week S.7483 (Cleare).

LeadingAge New York OPPOSES the Following Bills:

  • Wrongful Death – Memo of Opposition
    • Unfortunately, this bill was passed in the Assembly this week. LeadingAge NY continues our work in opposition.

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.  

 

CCRC ‘Revitalization’ Bill Introduced in Senate

Amidst the flurry of bill movement this week, LeadingAge New York was successful in working with legislators to introduce a new priority bill for the remainder of the session. The Continuing Care Retirement communities (CCRC) ‘Revitalization’ legislation, S.7483 (Cleare), would consolidate the oversight of CCRC’s into one state agency, the Department of Health (DOH), by transferring the responsibilities of the Department of Financial Services (DFS) to DOH. The bill also transitions the role of the CCRC Council to more of an advisory group, and transitions their approval authorities to DOH. This legislation is necessary in order to streamline the approval of projects and other matters related to the operation, development and effective oversight of CCRCs.

Members that are supportive of this legislation are strongly encouraged to call their State Senator, asking them to co-sponsor the bill! You can find your Senator and their contact information here.

CCRC Revitalization Talking Points - S.7483 (Cleare):

  • I am calling you today to ask that you sign-on as a co-sponsor to the CCRC Revitalization bill S.7483.
  • This bill would allow CCRCs to respond more nimbly to the changing environment, while preserving consumer protections and oversight.
  • It would eliminate delays inherent in the current structure, that ultimately have cost CCRCs, and therefore their residents. The current structure has also resulted in delayed renovations and the development of innovative approaches to service delivery, which again affect the financial health of the community and the quality of life of residents.
  • The bill recognizes that CCRCs have not fit well under DFS oversight, which is really designed for financial institutions and larger insurers—not a small provider of housing and healthcare.
  • Please feel free to add to these talking points with your own experiences.

Generating as many co-sponsors for this legislation as possible will position us well for potential passage during this legislative session or next. Thank you for your advocacy!

 

Legislature Passes Housing Emergency Evacuation Plans Bill

This week, a bill that establishes new housing emergency evacuation plan requirements passed both houses of the Legislature. LeadingAge New York had worked to oppose the bill, however, the bill was sponsored by Senate Majority leadership, making it a difficult battle.  

In summary, the legislation would require the owners of high-rise properties throughout the State – defined as a property with an occupied floor more than 75 feet above the lowest level of fire department vehicle access – to develop an emergency evacuation plan for residents with disabilities. As part of the plan, the bill would require affected property owners to ensure accessible and clearly identifiable “areas of rescue” throughout the building. The legislation would exclude high-rise properties in New York City if similar guidelines were already in place at the local level.

The bill includes in-building posting requirements and a requirement for housing owners to file their evacuation plan with the Department of State within one year of the legislation/’s effective date, and annually thereafter.  

LeadingAge New York remains concerned with this bill and its impacts on housing providers outside of the metropolitan New York City region that may already have their own evacuation plans in place with localities. We also have concerns regarding the implications for resident privacy. Now that the bill has been passed by both houses, we will continue to track the bill and its anticipated delivery to the Governor for action. Upon delivery, we will weigh in with the Governor, urging for a veto or chapter amendments.

Please contact the policy team if you have distinct concerns about how this legislation might affect your housing property or any evacuation plans you might already have in place.

 

REMINDER: Applications for IGNITE Leadership Academy due June 9th

This is a reminder that applications for the LeadingAge NY IGNITE Leadership Academy are due June 9th . LeadingAge New York is thrilled to resume this leadership development program in person for the 2023-24 year! During these challenging times, leaders need more support and resources than ever before.  The program has been universally popular and beneficial for staff in all departments who show leadership potential.   Please feel free to apply yourselves or nominate members of your teams.

IGNITE is a year-long professional development program designed to facilitate the development and growth of senior living leaders in the state. The experience provides participants with the tools they will need to be outstanding leaders in their organizations. It differs from an MBA-type program in that its focus is on teaching participants how their own thinking and values are key components to developing their own qualities of leadership. In addition, they acquire the tools to help them work with teams, build successful teams, and collaborate.

The program was established in 2013 and is modeled after the National LeadingAge Larry Minnix Leadership Academy. Graduates of the national program recognized that this valuable program was needed on the state level to inspire, nurture, and empower leaders from New York’s non-profit and public provider community. Only members of LeadingAge New York provider member organizations may apply for the program.

The application for the 2023-2024 class is due June 9th. For more information about the program, click here. Anyone with questions about IGNITE can contact Nancy Caban at ncaban@leadingageny.org, or Diane Darbyshire at ddarbyshire@leadingageny.org. Both can be reached at 518-867-8383.

 

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 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

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