End of Session Update
The Legislative Session ended on Saturday, June 10 with the Assembly determining that it will need to reconvene sometime soon – possibly later this month – to debate and vote on outstanding legislation relative to casino gaming contracts.
NYSHFA | NYSCAL wanted to provide you with updates on pertinent bills that have moved through both houses and that we have been actively monitoring and/or pursuing. For bills that have passed both houses, the Governor has 10 days to act once bills are delivered to her desk (excluding weekends/holidays).
SKILLED NURSING:
Amendments to 70/40 Law (S.6897, Rivera / A.7328 Paulin)
This bill, an agreement between labor and management, would decrease the use of healthcare agency staff as part of a four-year demonstration project. This bill passed both houses. The provisions of the bill are as follows:
If a facility has 50% or less staffing agency usage and has reduced staffing agency usage by 30% or more during the year, they would be eligible for a 50% reduction in fines for failing to meet the spending requirements of the 70/40 law.
If a facility has 50% or less staffing agency usage and has reduced staffing agency usage by at least 20%, but less than 30%, during the year they would be eligible for a 25% reduction in fines for failure to meet the spending requirements of 70/40 law.
These reductions above would run for the calendar years 2023-2026, and thereafter if the demonstration project is continued.
Allows certain facilities with minimal staffing agency usage to have revenues from only Medicaid considered (i.e. excludes Medicare, commercial insurance and private pay) when determining compliance with the 70/40 law as follows:
- for calendar year 2023, 10% or less;
- for calendar year 2024, 9% or less; and
- for calendar year 2025, and 2026 (and thereafter if the demonstration project is continued), 8% or less.
Excludes the capital portion of the Medicaid rate from the 70/40 revenue spending calculations.
Establishes a nursing home staffing workgroup to review and assess the impact of the demonstration program.
Nursing Home Rebasing (S.6914, Rivera / A.5905-A, Woerner)
This bill would require the DOH to update the non-capital component of the Medicaid rate no later than 1/1/25 and no less than every five years thereafter using the most recent cost report data and updating the rates to reflect actual base year costs. Additionally, it also requires the DOH, among other things, to update the WEF no later than 1/1/25 and no less than every five years thereafter as well. This bill died in both the Senate Finance and Assembly Ways & Means Committees.
Amendments to the Grieving Families Act (S.6636, Hoylman-Sigal / A.6698, Weinstein)
This bill, which was vetoed by the Governor earlier this year, has since been amended and allows for the expansion of a wrongful death action to include any close family members to receive compensation for their non-economic losses as well as funeral expenses, medical care relative to the injury that caused the death, and pecuniary injuries. The bill also extends the amount of time that an action can be brought, from two to three years. This bill passed both houses.
Clean Slate Act (S.7551-A, Myrie / A.1029-C, Cruz)
This bill, amended since its first iteration last year, would allow for criminal conviction records to be sealed after at least eight years for felonies, beginning from the date the defendant was last released from incarceration for the sentence of the conviction or from the imposition of a sentence if there was no sentence of incarceration. The lookback period for lower-level convictions would be three years (e.g. traffic infractions, misdemeanors). Sealing of convictions would not apply in cases of sex offenses and Class A felonies. This bill passed both houses.
Nursing Home Quality Ratings (S.3498, Sanders / A.2188, Dinowitz)
This bill, which passed the Assembly on 5/18, would require nursing homes to post their ratings for health inspections, staffing, and quality measures. This is in addition to provisions already established that require posting of CMS quality ratings. The provisions as outlined are redundant and unnecessary, therefore, NYSHFA | NYSCAL issued this opposition memo to the Legislature. This bill passed the Assembly and died in Senate Health.
Nursing Home Closures (S.2984, Kavanagh / A.3703, Epstein)
This bill, which was reported to the Senate Finance Committee on 5/17 and to the Assembly Rules Committee on 5/24, would establish new requirements for nursing home closures based on the Rivington House case in New York City. It would require greater transparency to the community when a facility is set to close, however, with extensive regulations already in place for closures, NYSHFA | NYSCAL remains opposed, issuing this memo in response. This bill died on 3rd reading in the Assembly and in Senate Finance.
Health Emergency Response Data System (A.5370, Paulin / S.5732, Skoufis)
This bill would create a “Health Emergency Response Data System (HERDS)” to collect aggregated data related to public health emergencies with the goal of improving overall public health response. NYSHFA | NYSCAL issued this memo of concern earlier in the legislative session regarding unintended consequences of some of the bill’s provisions, as well as confusion with the current HERDS reporting system. This bill passed the Assembly but died in the Senate Rules Committee.
Certified Medication Aides
After the Legislature removed the Governor’s proposal to allow for certified medication aides to practice in a nursing home setting and no resolution included in the final State Budget, NYSHFA was optimistic that a standalone proposal would come to fruition. However, given this year’s late budget and the timing of the end of session, a bill has yet to be introduced. We have had conversations with the Higher Education Committee Chairs in both the Senate and Assembly yet there remains some reticence to allow for this commonsense and simple approach to the staffing crisis. We will continue our advocacy efforts and look to further conversations through the summer/fall.
ASSISTED LIVING:
Special Needs ALP (A.7035-A, Fahy / S. 2161-A, Rivera)
This bill, which had been considered by the Department of Health for some time, would establish a special needs assisted living program for individuals with neurodegenerative diseases (e.g. Alzheimer’s, Parkinson’s) coupled with behavioral disturbances. This designation requires certification as both an EALR and SNALR, as well as physician oversight, and be limited to 10 beds per program, among other provisions. This bill passed both houses.
Extension of LTC Ombudsman Program (A.7199, Wallace / S.6907, Cleare)
This bill extends the provisions of the LTCOP in assisted living facilities, which were set to expire on 12/31/23 until 12/31/25. This bill passed both houses.
Limited Nursing Services in ACFs (A.5670, Solages / S.5471, Rivera)
This bill would allow ACFs to offer limited nursing services through a contractual arrangement or via full-time employment insofar as it does not impede admission and retention standards. This would not override the EALR designation but would offer supplemental services which are not defined in the bill itself. This bill died in the Assembly Ways & Means Committee and on 3rd Reading in the Senate.
NYSHFA | NYSCAL will continue to provide updates on these bills as necessary.
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
