NYS Council SFY 2023 DRAFT Legislative Agenda

NYS Council vigorously supports the following SFY 2022-23 Executive Budget proposals:

MH Workforce/Capital Support

  • Proposed 5.4% COLA for Human Services including (but not limited to) OASAS, OMH, OCFS and certain DOH Programs (HMH, Article VII, Part DD)
  • Proposal to provide Healthcare Workforce bonuses to Health and Mental Hygiene employees (HMH Article VII, Executive, Part D)
  • Extends the ability of DoH, OMH, OASAS and OPWDD to waive regulatory requirements under DSRIP through 4/1/25 (HMH, Article VII, Part GG)
  • Support appropriation of $1.5 M to OASAS from Behavioral Health Parity Compliance Enforcement Fund (Aid to Localities OASAS SFY 2022-23 Executive budget bill)
  • Expedites development of OASAS Capital Projects (HMH, Article VII, KK)

Medicaid/ Medicaid Managed Care

  • Proposal to extend APG Government Rates through 2027 (HMH, Article VII, Part LL)
  • Requirement to reinvest $111 million (state share) in savings from BH carve-in to Medicaid managed care with OASAS and OMH (HMH Article VII, Part FF)
  • Require use of a competitive bid process for the identification of Managed Care entities to participate in Medicaid Managed Care for Behavioral Health (HMH Executive, Part P)

Expanded Insurance Coverage

  • Establish Telehealth Payment Parity for Medicaid and commercial insurance (HMH, Article VII, Part V)
  • Improve access to children’s mental & behavioral health services by aligning Child Health Plus benefits with other Medicaid benefits (HMH, Article VII, Part U)

Opioid Crisis/ Behavioral Health Crisis Prevention

  • Expand Access to Naloxone and Buprenorphine in Pharmacies (HMH, Article VI, Part EE)
  • Allocates $265.9M from Opioid Settlement in OASAS budget and includes $200M for services & expenses for public health mitigation strategy for opioid addictions
  • Creates the 988 Crisis Prevention and Behavioral Health Crisis Act (HMH, Article VII, Part EE)
  • Requires pharmacies to carry a 30-day supply of Naloxone and Buprenorphine, within DEA requirements (HMH, Article VII, Part HH)
  • Cerates new certification process for Recovery Residences (HMH, Article VII, Part ii)
  • Extends existing Alcohol Awareness Programs to include other forms of addiction and recreational cannabis (HMH, Article VII, Part JJ)

NYS Council supports with concerns/questions the following Executive proposals:

  • Establishes that New York State will join the interstate medical licensure compact and interstate nursing licensure compact with other states in the compact for a streamlined licensure process with one application. (HMH, Article VII, Part B)

Concern:  Does not go far enough to ensure this change will impact behavioral health workforce shortages. 

  • Removes requirement for NP in primary care with over 3600 hours experience to maintain a collaborative relationship with physicians (HMH, Article VII, Part C)

Concern:  Does not appear to include NPs practicing behavioral health.  Massive workforce shortages across the BH system demand flexibility for PNPs as well as NPs.  Must include Psychiatric Nurse Practitioners.

  • Creates new $1.6B Statewide Health Transformation Grant Program IV (HMH, Article VII, Part K)

Concern:  Vast majority of funds in this proposal would be appropriated to institutional and other settings.  CBOs receive a tiny fraction of total funds available.  Formula should be adjusted to be more balanced between institutional and CBO awards.

We Oppose the following Executive Budget proposal:

  • To eliminate Prescriber Prevails option in Medicaid Managed Care and Medicaid FFS programs (HMH, Article VII, Part BB)