1. Health Budget
The state fiscal year 2004-05 Adopted
Budget restores $485.4 million of
the $847.6 million in health care
reductions advanced by the Executive.
Provides a total of $503.6 million in
restorations, offset by select federal
programs for a total restoration of
$485.4 million. Overall, funding
restored to the Medicaid Program, Public
Health, and HCRA. Co-Chairs of the
Senate Task Force on Medicaid, Sen.
Kemp Hannon and Sen. Ray Meier, developed
comprehensive recommendations for
changes in the Medicaid program (report).
The recommendations are reflected in
some aspects of the final budget and
more fully in the Medicaid reform bill
which passed in the Senate (Senate 7617,
Medicaid Assistance to Counties).
Highlights of the 2004-2005 budget
follow
Long Term Care
To encourage individuals to consider
options for private financing of long
term care services, the Legislature
doubles the long term care tax credit
from ten percent to twenty percent, and
provides $20 million in funding for
those tax credits. The Department of
Health and the State Office for the
Aging are to develop an education and
outreach program to inform residents
of New York State of the options
available for financing long term care
services and provides $5 million in
funding for such activities. The
Insurance Department and the Banking
Department are to study and develop
long term care investment products
for insurance policy holders and
homeowners. The Insurance Department is
authorized to develop affordable
insurance products, under the New
York State Partnership Plan, for the
financing of long term care services.
Local Government Relief
In recent years, New York State’
Medicaid expenditures have increased at
an average annual rate of 10.3 percent.
This escalating growth is placing
tremendous financial strain on local
governments. In December 2003, the New
York State Association of Counties
recommended, as their highest priority,
to the Senate that the Legislature take
over the local share of the Family
Health Plus Program. To provide fiscal
relief to local governments and to
reduce increases in local property
taxes, the Legislature authorizes the
State to assume the entire local
share of the Family Health Plus Program.
Starting January 1, 2005, the State will
assume 50 percent of local expenditures
for the Family Health Plus Program, and
on January 1, 2006, the state will
assume 100 percent of the local share of
the program. This will result in
estimated local government savings of
$49.3 million for SFY 2004-05 and $404.3
million in SFY 2005-06.
Disease Management
The Legislature provides $3
million for six demonstration
programs for disease management to
enhance the quality and cost
effectiveness of care rendered to
Medicaid persons with chronic health
problems. Participation by Medicaid
recipients in the program would be
voluntary. Services provided to
participants may include case
management, social work, drug therapy,
and tele-health services and other
monitoring technologies.
Telemedicine
The Legislature provides $2
million for a technology related
demonstration program for home care services. Home care
providers would be able to apply to the
Department of Health to establish a
tele-home care or telemedicine program
in which patient care could be provided
in their home. Funds could be used for
equipment, equipment monitoring costs,
or other services.
Adult Homes
Several reforms to increase consumer
protections and improve administration
of adult homes. A key addition is the
development of a web site with a "Do
Not Refer" list of adult home
facilities in substantial violation of
health and safety standards, lack of
valid operating license, or current
action against the home. .
2. Senate Medicaid Reform Task Force
(copy
of full Report)
In 2003, the Senate Majority
established the Senate Medicaid Reform
Task Force. Senators Kemp Hannon and Ray
Meier served as co-chairs
and proposed the first ever
comprehensive overhaul of Medicaid after
six months of public hearings,
discussions and input from local
officials, health care providers,
consumers and advocates. With the goal
of implementing real systematic change
to assure Medicaid is serving the right
people, at the correct level of care, in
the most effective manner the Task Force
established numerous recommendations for
reform to the Senate.
The panels’ recommendations include
reforms to the long term care system,
including stronger estate planning
provisions and the promotion of long
term care insurance; reforms to the
control skyrocketing pharmaceutical
costs including the establishment of a
preferred drug list; establishment of
disease management programs to better
coordinate care and improve the
efficiency of the Medicaid program; the
development of telemedicine programs to
provide better care to those who are
chronically ill; a state takeover of the
cost of the Family Health Plus program
to provide local government fiscal
relief; and establish comprehensive
utilization review to closely monitor
patient use of the system and provider
billing of the Medicaid system. As
indicated above, many of the Task Force
recommendations were adopted in the SFY
2004-2005 budget.
The bipartisan panel worked with a 43
member Advisory Panel, held five public
roundtable discussions with 53
participants, received more than 70
document submissions totaling more than
1,000 pages, held 10 public working
group meetings, listened to health care
providers, consumers, local government
officials, academics, advocates and
representatives of every sector of
society impacted by our health care
system regarding the role Medicaid plays
in this system. These recommendations
and many insights into the Medicaid
program will continue to inform the
Senate in further strengthening the
Medicaid program.
3. 2004 Legislative Initiatives
Assisted Living Reform Act
The Assisted Living Reform Act
establishes a uniform definition
of assisted living, requires all
assisted living facilities to be
licensed with the Department of
Health, and standardizes the consumer
protections guaranteed to each
resident in an assisted living facility.
*S.7748 (Maziarz, Golden,
Hannon)/A.11820 (Englebright) - Passed
both houses
Continuing Care Retirement
Communities
While Continuing Care Retirement
Communities (CCRCs) have existed in New
York since the late 1980s, the few
which were established in NY indicated
many seniors did not feel they were a
long term care option, especially due to
the significant economic commitment to
join and stay there. This legislation
will expand the number of CCRCs in New
York, offering more affordable
service packages. The law changes
many of the statutory and regulatory
requirements which limit the development
of such programs and makes this option
more available to aging New Yorkers.
*S.6656C (Hannon)/A.10834(Tokasz) -
Passed both houses
Pertussis and Tetanus Vaccination
To increase the immunization levels
of the people of the state of New York,
the vaccination for pertussis and
tetanus were added to the list of
immunizations required for school entry
because of the incidence of pertussis in
New York increasing four-fold in 2003
above the annual average.
*S.6484 (Hannon)/A.11306 (Gottfried)
- Passed both houses
Organ and Tissue Donor Registry
To increase organ donors in New York, Senator Hannon established the NYS
Organ and Tissue Donor Registry formally
in law. There are already over
860,000 New Yorkers on the list
declaring their intent to donate. By
formalizing the registry in statute, New
York will continue to partner with the
United Network of Organ Sharing which
maintains the national organ donor
waiting list ensuring available organs
are matched with those in need. There
are currently 82,000 people
nationwide waiting for live saving
organs, 8,200 of whom are from New
York.
*S.7058 (Hannon)/A.11301 (Schimminger)
- Passed both houses
Office of Professional Medical
Conduct Reform (OPMC)
The reform measures outlined in this
bill seek to review and amend the
proceedings of the office of
professional medical conduct to
ensure a more equitable discipline
process for physicians, physician's
assistants, and specialist's assistants.
The proceedings of the Office of
Professional Medical Conduct have been
the subject of criticism by patients,
physicians, attorneys and consumer
interest groups. This legislation
addresses due process concerns expressed
in testimony at public hearings.
*S.4148 (Hannon)/A4274 (Gottfried) -
Passed both houses
Prohibition of Small Packs of
Cigarettes
This bill prohibits those engaged in
manufacturing, selling or otherwise
distributing tobacco products, herbal
cigarettes, cigarette wrapping papers,
or wrapping leaves or tubes from selling
or distributing cigarette packages of
less than 20, roll-your-own tobacco
in amounts less than 6/10ths of an
ounce, or any package or other container
of cigarette wrapping papers, wrapping
leaves or tubes used or suitable for use
to wrap tobacco for smoking with less
than 20 sheets, leaves or tubes.
*S.5014 (Hannon) / A.7854 (Grannis)
- Passed both houses
Insurance Coverage for Entertainment
and Displaced Workers - COBRA Bill
To maintain the stability of New
York's unique theater, music and
entertainment industry. Offers
entertainment industry workers, who
experience interruptions in employment,
the ability to maintain affordable
health insurance. Additionally, this
bill recognizes the declining
manufacturing base of New York State and
allows displaced workers the
option of remaining in a community by,
at the very least, assisting them to
make COBRA payments, thereby
helping to maintain the community's
workforce.
S7054 (Hannon) / A.10127 (Brodsky) -
Passed both houses
Eating Disorder Centers of Excellence
To facilitate the development of
comprehensive care centers, or "centers
of excellence," for eating disorders in
order to provide individualized,
comprehensive and integrated plans
of care.
*S5646 (Rules) / A.11396 (Ortiz)
- Chapter 114 of the Laws of 2004
Shaking Baby Prevention Video
Every year, a growing number of
infants are subjected to violent shaking
by those who are trusted in their care.
Tragically, in many of these cases the
child suffers from significant brain
injury or even death. This bill seeks to
educate maternity patients and
fathers on how to prevent Shaken
Baby Syndrome by requiring hospitals to
offer a prevention education video
for new parents.
*S.6230 (Spano) / A.10889 (Magnarelli)
- Passed both houses