List of Senate & Assembly One House Budget Bills

March 14, 2021

Kudos to our government relations team for their swift ‘first blush’ summary of Health and Mental Hygiene proposals in the Assembly and Senate one-house budget bills. Remember: these are proposals. More to come.

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Just before midnight, both houses released their one-house budget bills. Below is an outline of the houses’ actions of interest to The Council. We will send more details as we continue our review.

Senate One House Budget HMH Bill (S2507B):

Accepts Executive telehealth proposal with modifications to expand coverage requirements
Includes proposal on medical respite programs, as in Executive
Accepts elimination of essential plan premiums
Includes NYS of Health Marketplace federal waiver authorization
Extends ability for OMH and OPWDD facility directors to act as representative payees through 6/30/24
Extends ability for OMH and OPWDD to appoint temporary operators through 3/31/26
Extends Inpatient Psychiatric Unit Demonstration programs through 3/31/24
Extends community reinvestment for State Psychiatric Center inpatient bed closures through 3/31/24
Rejects Executive proposal to suspend notification and community reinvestment requirements for OMH facility closure
Accepts Executive proposal related to establishing new standards for addiction professionals (CASACs and certified recovery peer advocates)
Rejects Executive proposal to authorize OMH to impose penalties/fines but does allow for a schedule of fees for processing applications for operating certificates
Includes Executive proposal related to Crisis Stabilization Services, rejects Kendra’s law AOT order renewal proposal, and involuntary commitment proposal to add new criteria
Rejects Executive proposal to combine NYS Institute for Basic Research in Developmental Disabilities with the NYS Psychiatric Institute in OMH
Includes Executive proposal to combine OMH and OASAS with modifications to create the Office of Mental Health, Addiction and Wellness
Includes Executive proposal to integrate licensure for comprehensive outpatient services
Rejects Executive proposal to eliminate the requirements of the Justice Center to administer the Adult Home Advocacy and Adult Home Resident Council programs
Includes a new proposal to remove prior authorization for Buprenorphine, methadone, LAI naltrexone for SUD under Medicaid
Includes a new proposal to create a new addiction recovery supportive transportation services demonstration program
Includes a new proposal to create an Advisory Board and process/recommendations for determining use of opioid settlement funds for NYS
Includes a new proposal to provide Medicaid health care coverage, without regard to federal financial participation for a resident with has or has had confirmed COVID-19 and a household income below 200% of FPL, for an individual ineligible for basic health program on basis of immigration status
Includes a new proposal to provide residential health care for children with medical fragility in transition to young adults and for young adults
Repeals 2020 Final Budget language which authorized NYSDOH to transition its MMC pharmacy benefits to MMC FFS, which is currently effective 5/1/21
Omits Executive proposed extension of the Medicaid global spending cap
Omits Executive proposed changes to Medicaid Prescriber Prevails and Changes to OTC coverage
Changes drug spending cap growth targets to CPI plus 4% minus a pharmacy savings target of $85 million.
Omits Executive proposal to regulate pharmacy benefit managers
Omits Executive proposal to eliminate e-prescribing exemptions

Assembly One House Budget HMH Bill (A3007B):

Rejects most of the Executive proposal on telehealth except to include changes in the language defining originating site for telehealth as it applies to current public health law
Includes proposal on medical respite programs, as in Executive
Accepts elimination of essential plan premiums
Omits NYS of Health Marketplace federal waiver authorization in Executive
Extends ability for OMH and OPWDD facility directors to act as representative payees through 6/30/24
Rejects Executive proposed extension for OMH and OPWDD to appoint temporary operators
Extends Inpatient Psychiatric Unit Demonstration programs through 3/31/24; Includes new reporting requirements including quarterly evaluations, assessments and recommendations
Extends community reinvestment for State Psychiatric Center inpatient bed closures through 3/31/24 and adds language stating that no less than 25% of the amounts so appropriated shall be made available for workforce recruitment and retention at Art. 31 mental health programs
Rejects Executive proposal to suspend notification and community reinvestment requirements for OMH facility closure
Rejects Executive proposal related to establishing new standards for addiction professionals (CASACs and certified recovery peer advocates)
Rejects Executive proposal to authorize OMH to impose penalties/fines but does allow for a schedule of fees for processing applications for operating certificates
Includes Executive proposal related to Crisis Stabilization Services, rejects Kendra’s law AOT order renewal proposal, and involuntary commitment proposal to add new criteria
Rejects Executive proposal to combine NYS Institute for Basic Research in Developmental Disabilities with the NYS Psychiatric Institute in OMH
Rejects Executive proposal to combine OMH and OASAS with modifications to create new Office
Rejects Executive proposal to integrate licensure for comprehensive outpatient services
Rejects Executive proposal to eliminate the requirements of the Justice Center to administer the Adult Home Advocacy and Adult Home Resident Council programs
Includes new proposal for continuous Medicaid coverage for pregnant women for a one year period beginning on the last day of a pregnancy
Includes new proposal to extend the NYS health insurance continuation assistance demonstration program through 7/1/22
Includes new proposals requiring OMH to develop plans, programs and services in the areas of research and prevention of suicide including grant programs to be awarded by 9/1/21
Rejects the Executive’s COLA deferral- providing for a 1% COLA beginning 4/1/21
Includes a new proposal requiring a Medicaid MC VBP regional demonstration program in one of the following regions of the state: western, central, southern tier or capital region
Includes a new proposal related to insurance coverage and treatment standards for a medically fragile child under MMC and commercial insurance
Does not change Medicaid FFS Carve Out effective 5/1/21, except to include language stating that there should be no changes to 340B entities and SNPs plans until 1/1/24
Omits Executive proposed extension of the Medicaid global spending cap and expressly repeals it
Omits Executive proposed changes to Medicaid Prescriber Prevails and changes to OTC coverage
Omits Executive proposal to regulate pharmacy benefit managers
Omits Executive proposal to eliminate e-prescribing exemptions