
HCA News and Updates
June 29, 2009

HCA, Rep. Engel and Rep. King Announce Bill to Protect Chronically Ill Home Care Patients and Their Spouses
Engel/King bill would preserve vital Medicaid rules shielding couples from
impoverishment when obtaining home care services for a chronically ill spouse
The Home Care Association of New York State (HCA), Congressman Eliot Engel (D-17) and Congressman Peter King (R-3) have announced critical legislation that would protect spouses of chronically ill patients from falling into poverty as a result of obtaining needed long term care services for a loved one at home.
Reps. Engel and King's legislation codifies and reasserts Congressional authorization for vital Medicaid budgeting rules called "spousal impoverishment protections." These rules have protected spouses of patients receiving long term care at home in the same way as Congress has protected the spouses of patients in nursing homes. In recent years, these long-standing rules have been reinterpreted and effectively negated by the U.S. Centers for Medicare and Medicaid Services (CMS), even though the spousal protections have been in effect for households in New York State for two decades based on federal law and policy.
»Read More
June 23, 2009

HCA Applauds State Assembly's Passage of Managed Care Reforms
As a result of HCA advocacy, Assembly bill would improve access and coverage for home care
The Home Care Association of New York State (HCA) applauds the state Assembly's passage of legislation late last night which embraces an array of long-sought reforms to managed care, including improvements in essential access and coverage for home health care services.
Among many changes that will assist all health care providers, Assembly bill 8402-A contains several home care-specific provisions recommended by HCA to improve patient access to home care, including expedited coverage determinations for hospital dischargees, interim coverage requirements when determinations cannot be made prior to the time of discharge, new expedited appeal rights so that adverse determinations can be immediately reviewed and reconsidered, and others.
"This comprehensive legislation will be helpful to home care providers, hospitals and physicians, but it contains a particular breakthrough for would-be home care patients and providers covered by managed care plans," said HCA President Joanne Cunningham in a statement to the media.
»Read the complete press release
June 19, 2009
State Senate Remains in Stalemate over Leadership Struggle
Legislative proceedings in the state Senate remained at a standstill this week over the ongoing leadership stalemate.
On Monday, June 8, two Democrats — Senators Pedro Espada (D-Bronx) and Hiram Monserrate (D-Queens) — joined all 30 Republicans in favor of a resolution to install Republican Senator Dean Skelos (R-Rockville Centre) as Majority Leader and Democratic Senator Pedro Espada (D-Bronx) as President Pro Tem, the Senate's top leadership posts.
Queens Senator Malcolm Smith, a Democrat, has served as the Senate's Majority Leader and President Pro Tem since January following an election in November that gave Democrats a 32-to-30 edge over Republicans. He has challenged the legality of the June 8 resolution, a matter that was brought to court late last week and which remains unresolved.
With Democratic and Republican ranks still in question as of this week — including the makeup of any cross-party coalitions that could further tip the balance of power in either direction — the prospect of 31-to-31 votes on controversial legislation further stalled Senate activity in the final few scheduled days of session, which is slated to end on Monday, June 22. The Lieutenant Governor is constitutionally empowered to cast a tie-breaking vote in the Senate; however, with the Lieutenant Governor's office currently unoccupied, opinion is divided regarding who, if anyone, now holds this power.
Many critical pieces of legislation await action in the Senate. These include even some routine bills such as legislative authorization for county sales-tax extenders that local governments depend upon as a significant source of revenue. The movement of these bills and other important legislation — such as a recently negotiated consensus bill on managed care reform — remains uncertain at this time.
June 8, 2009

GOP Attempts to Seize Control of State Senate in Apparent Coup
Sen. Skelos reportedly named Majority Leader and Sen. Espada President Pro Tem
In a dramatic transfer of power, a bloc consisting of all Senate Republicans and two Democrats today attempted to seize control of the state Senate.
Today's development occurred on a motion by Republican Senator Thomas Libous (R-Binghamton) to replace Majority Leader Malcolm Smith (D-St. Albans) with Senator Deal Skelos (R-Rockville Centre) as Majority Leader.
Democratic Senators Hiram Monserrate (D-Queens) and Pedro Espada (D-Bronx) joined the Senate's 30 Republicans for a 32-to-30 vote in favor of the motion, resulting in Senator Skelos' ascension to the Majority Leader post. Senator Espada was named President Pro Tem.
The status of committee chairmanships remains unclear at this time.
Democrats took control of the Senate six months ago, following a November election that gave them a 32-to-30 edge over Republicans. It was the first time Democrats had controlled the Senate for any extended period of time since the 1960s.
HCA will provide updates to the membership as soon as additional information becomes available.
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Swine Flu Resources
HCA has posted several resources related to pandemic influenza on our Home Care Prepare website, including pandemic planning information specific to home care.
Providers should also continue to consult the following sources for updates:
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