NYAPRS Note: Here’s another update on the Assembly and Senate One House budgets put together by our lobbyists at Brown & Weinraub. In addition to what we have already highlighted, some noteworthy aspects include:
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Both houses accepted the Governor’s proposal to establish payment parity for telehealth providers licensed by OMH, OASAS, or OPWDD without regard to location of practitioner or provider. Additionally, the Assembly would add language that would guarantee Federally Qualified Health Centers (FQHCs) their full Medicaid rate for telehealth services regardless of provider or patient locality or service modality.
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Both houses accepted the Governor’s proposal to provide capital funding for telehealth initiatives
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Expand the OMH Community Mental Health Loan Forgiveness Program to include additional mental health professionals eligible for funding: Licensed Master Social Workers, Licensed Clinical Social Workers, Licensed Mental Health Counselors, Licensed Marriage and Family Therapists, Psychoanalysts, Creative Artis Therapists and Applied Behavior Analysts: Assembly would add $5M for a total of $19M
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Crisis Intervention Teams: Assembly would add $1M
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Expanding Medicaid coverage to working people with disabilities; including Medicaid Buy-In. (The Assembly would modify slightly.)
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Expanding Medicaid access to Community Health Workers (CHWs)
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Both houses would increase the Governor’s budget proposed a 5% rate increase for hospitals, nursing homes and assisted living providers to 10%. They would accept the other rate increases proposed
See below for more information:
Behavioral Health. The Legislature generally accepts the Governor’s funding proposals, and would include the following additions:
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Substance Abuse Prevention and Intervention Specialists (SAPIS) in New York City Schools: Assembly would add $2M
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Expand the OMH Community Mental Health Loan Forgiveness Program to include additional mental health professionals eligible for funding: Licensed Master Social Workers, Licensed Clinical Social Workers, Licensed Mental Health Counselors, Licensed Marriage and Family Therapists, Psychoanalysts, Creative Artis Therapists and Applied Behavior Analysts: Assembly would add $5M for a total of $19M
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Crisis Intervention Teams: Assembly would add $1M
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Both houses modified the Governor’s proposal to align with the State’s 1115 Demonstration waiver and IMD waiver that would allow incarcerated individuals to receive Medicaid services to support their re-entry into the community and would allow Medicaid coverage of services for inpatient psychiatric care
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The Assembly rejected the Governor’s proposal to penalize general hospitals with approved inpatient psychiatric beds that are not online, and the Senate accepted the proposal with modifications.
Workforce. While Governor Hochul’s budget contained numerous policy provisions to address continuing healthcare workforce crisis, both houses rejected almost all of those. For example:
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Allow NYS to participate in interstate compacts for nurses and physicians: REJECTED by both houses.
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Establish a nurse loan repayment program: REJECTED by both houses.
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Remove administrative barriers to PA practice: REJECTED by both houses.
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Allow certain scope of practice clarifications for pharmacists and nurse practitioners: REJECTED by both houses.
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Move jurisdiction of medical professions from the State Education Department to DOH: REJECTED by both houses.
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Allow for expedited licensing for certain high-needs health professionals: REJECTED by both houses.
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Allow for certified medication aides in nursing homes: REJECTED by both houses.
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Extends Doctors Across NY (DANY) Diversity in Medicine Program, ECRIP and Physician Workforce Study: REJECTED by both houses.
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Increase the State minimum wage by pegging it to the CPI-Northeast: REJECTED by both houses.
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Both houses accepted, however, a proposal by the Governor to regulate healthcare staffing agencies. (The Assembly would slightly modify the Governor’s proposal.)
Telehealth. Recognizing the continued important role of telehealth, the budget proposes:
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Both houses accepted the Governor’s proposal to establish payment parity for providers licensed by OMH, OASAS, or OPWDD without regard to location of practitioner or provider. Additionally, the Assembly would add language that would guarantee Federally Qualified Health Centers (FQHCs) their full Medicaid rate for telehealth services regardless of provider or patient locality or service modality.
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While the Senate accepted making the State Health Information Network of New York permanent in statute, the Assembly would just extend the sunset date.
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Both houses accepted the Governor’s proposal to provide capital funding for telehealth initiatives (see below)
Capital Funds. Both houses modified the Governor’s proposal to create another Health Care Facility Transformation Fund V (Statewide V), funded at $1B (with $500M for general project purposes that are similar to prior Statewide programs and $500M for telehealth and technological projects).
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The Senate would
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Increase total available funding to $1.2B, with the $200M increase allocated for general project purposes (for a total of $700M), and also adds as a purpose “to develop capacity in underserved areas” (defined as new construction and renovation projects in underserved areas as determined by the Department with a minimum of $50M used for this purpose). Such renovation projects are defined to include those intended to convert a facility to comply with physical plant standards and applicants do not necessarily have to currently be health care providers.
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Expand eligible to include midwifery centers and family and child service providers (under PHL 29-I), and those “seeking to operate as a health care provider”
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Both houses would include carve outs to ensure awards to community-based providers
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The Senate would require $100M of the $500M for telehealth and technological projects be awarded to community-based providers
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The Senate would also require that a minimum of $150M of the “innovation” pool be reserved for community-based providers.
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The Assembly would require that a minimum of $50M of the overall fund be reserved for community-based providers.
Medicaid. Both houses of the Legislature accepted a number of the Governor’s proposals to expand Medicaid coverage of some services and provider types including:
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Expanding Medicaid coverage to working people with disabilities; including Medicaid Buy-In. (The Assembly would modify slightly.)
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Expanding access to Community Health Workers (CHWs)
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Expand access to licensed social workers, licensed mental health counselors, and licenses marriage and family therapists. (The Assembly modified to slightly expand the list of providers.)
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Expanding access to nutrition, dietary services and arthritis self-management training services
Other changes were not universally accepted. For example:
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The Senate rejected the Governor’s proposal to extend the Medicaid Global Cap and would repeal it instead.
Medicaid Rate Increases. Both houses would increase the Governor’s budget proposed a 5% rate increase for hospitals, nursing homes and assisted living providers to 10%. They would accept the other rate increases proposed.
Health Insurance and Health Insurance Coverage.
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Both houses accepted the Governor’s proposal to expand eligibility for the Essential Plan, with slight modifications.
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The Assembly rejected the Governor’s proposal to impose new requirements on plans related to behavioral health services, while the Senate accepted the proposal.
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Both houses rejected the Governor’s proposed “pay and resolve” rules related to emergency services and inpatient stays related to an emergency visit
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Both houses accepted in substantial part the Governor’s proposal to establish a health guaranty fund.