Senate and Assembly One-House Budget Bills

The Senate and the Assembly advanced their One-House Budget bills on March 14th setting forth their respective negotiating positions pertaining to the FY 2023-24 State Budget. The following is a brief summary of some of the provisions either included or excluded in each respective One-House Budget proposal affecting skilled nursing and assisted living providers.

Senate One-House Budget Proposal (R.555)

• Increases the Governor’s uniform Medicaid rate reimbursement increase from 5% to 10% for skilled nursing and assisted living facilities, adding $157.5 million. Further directs DOH to find solutions to ensure that staffing shortages do not result in underutilized nursing home beds;
• Includes $2 million to support the Long-Term Care Ombudsman Program;
• Adds $200 million to support the Statewide Health Care Facility Transformation Program (“Statewide V”);
• Adds $187 million to support safe staffing for nursing homes;
• Modifies the Governor’s proposal to reform the approval process for health care projects and transactions by accepting increased construction fees for hospitals, nursing homes, and diagnostic and treatment centers construction applications and exempting core public health services from home care licensure when provided by a local health department;
• Modifies the Governor’s proposal requiring assisted living residences to report to DOH on quality measures which the Department will use to grant an advanced standing classification by omitting the provisions related to modified inspection schedules for facilities with advanced standing classification or that obtain accreditation from a nationally-recognized accreditor;
• Does not include the Governor’s proposal to authorize certified nurse aides to administer medication-related tasks in skilled nursing facilities (certified medication aides) via a two-year pilot program;
• Accepts the Governor’s proposal to create minimum standards for temporary healthcare staffing agencies;
• Does not include the Governor’s proposal to transfer oversight of healthcare professions from the State Education Department to NYSDOH; and,
• Does not include the Governor’s proposal to expand the scope of practice for medical providers and the introduction of the Interstate Licensure Compact and Nurse Licensure Compact.

Assembly One-House Budget Proposal (E.190)

• Increases the Governor’s uniform Medicaid rate reimbursement increase from 5% to 10% for skilled nursing and assisted living facilities, adding $157.5 million;
• Includes the Governor’s proposal of $2.5 million for the Long-Term Care Ombudsman Program and provides an additional $12.5 million;
• Provides $100 million in additional funding for financially distressed nursing homes;
• Rejects the Governor’s proposal to require ALRs and EALRs to submit an annual report on quality measures to DOH and authorize DOH to grant new classifications based on assisted living quality reporting that would ease inspection requirements by including a description of quality measures and a process for getting consumer and provider input;
• Instructs the Governor to begin the process of rebasing hospital, nursing home, and clinic Medicaid rates in FY 2024-25;
• Modifies the Governor’s proposal to provide $1 billion through the Statewide Health Care Facility Transformation Program V (“Statewide V”) by establishing minimum funding amounts for community-based organizations;
• Modifies the Governor’s proposal to establish a registration process for temporary health care services agencies and create minimum standards for temporary health care service agencies by including maximum rates that an agency can charge a facility;
• Does not include the Governor’s proposal to authorize certain certified nurse aides to administer medication-related tasks in skilled nursing facilities (certified medication aides) via a two-year pilot program;
• Does not include the Governor’s proposal to transfer oversight of healthcare professions from the State Education Department to NYSDOH; and,
• Does not include the Governor’s proposal to allow New York to join the Interstate Medical Licensure and Nurse Licensure Compact.

NYSHFA | NYSCAL will continue to provide updates as the FY 2023-24 State Budget negotiations progress.

NYSHFA | NYSCAL CONTACTS:

Stephen B. Hanse, Esq.
President & CEO
518-462-4800 x11

Kristin A. DeVries, MA, MPP
Director of Government Relations
518-462-4800 x14