StateWide Newsletter for May 31, 2002

State Legislature Returns with Three Weeks to Finish Session Several Senior Bills Up in the Air - With the major political parties having held their nominating conventions, the State Legislature returned to Albany on Thursday and will now race the clock to address non-budget issues before the session is supposed to end in three weeks. There are several issues and bills of concern to older New Yorkers that may have a chance to pass:

• Prior authorization regarding Medicaid prescription drug coverage: both chairs of the Health Committees, Gottfried and Hannon, have submitted prior authorization bills. Chances for passage: maybe only one house bills will pass because there are big differences between the bills and the Governor's office won't appreciate this regulation of the Health Department
• Consumer protection with energy service companies: both chairs of the Energy Committees now agree on a bill that would extend consumer protections already in the Home Energy Fair Practices Act (HEFPA) to customers of new energy service companies. These protections include deferred payment plans and deposit requirements. Chances of passage are good
• Predatory lending: Senator Bruno says the Senate will pass a bill. Whether it will be the same as the Assembly is unclear. Intense negotiations have included AARP and banking lobby however some community housing groups are balking. Chances of passage: unclear if there will be a compromise acceptable to all parties
• Assisted living: All three parties have introduced bills and there seems to a desire to do something after several years of inaction while new facilities were built and marketed. There are some differences in the bills but they may not be insurmountable. Chances of passage: good if the leadership pushes and makes it a priority
• Grandparents rights: Legislation introduced by Senator Saland and Assemblymember Robach would give grandparents greater consideration by the courts in awarding custody of children whose parents are deceased or unfit to take care of them. This bill's chances are complicated by the fact that the Assembly sponsor Robach switched parties and became a Republican running for a Senate seat. Assemblymember Roger Green is now the key Assembly player. Chances of passage: uncertain, the bill must be pushed hard by key legislators.
• Olmstead compliance: Assemblymember Cahill has a bill to require the state to take actions to comply with the Supreme Court Olmstead decision requiring least restrictive housing for the disabled. Could pass the Assembly

Senator Maziarz addresses StateWide Western New York Conference - Close to 100 seniors and staff of aging service providers attended StateWide's annual Western New York conference at the Hearthstone Manor in Cheektowaga, a Buffalo suburb on Thursday, May 23. Senate Aging Chairman George Maziarz of Niagara County was the first speaker and reported on progress on several bills including his bill to regulate assisted living facilities. Lex Liberatore of Citizen Action talked about public campaign financing. A special tribute to the late Bea Berman and to Max Berman, StateWide's Region 10 President was held at lunch time.. Executive Director Michael Burgess presented Max with a check for $100 from StateWide members for the Bea Berman Scholarship fund for students. DuAine LoGrasso, StateWide Western New York Coordinator, organized the conference with the help of many StateWide members.

Stafford to Retire - Meanwhile Senator Ronald Stafford of Plattsburgh, the Chair of the Senate Finance Committee has announced he will retire at the end of the year. Stafford had been called "the patron saint of the North Country," and had been the dominant political figure from the region for most of the past two decades. Two members of the Assembly, Elizabeth Little and Chris Ortloff, have announced plans to run in a Republican primary for Stafford's seat. Both of their Assembly seats will be open for newcomers.

Another long-time legislator who previously announced his retirement is Arthur Eve, the Deputy Speaker of the Assembly who has represented part of Buffalo since 1968. The current list of 15 retiring legislators or those leaving their seats to run for higher office follows:

Assemblyman Harold Brown Jr. (R-Camillus)
Assemblyman Sam Colman (D-Monsey)
Assemblyman Arthur Eve (D-Buffalo)
Assemblyman John Faso (R-Kinderhook) Candidate for state comptroller
John Flanagan (R-East Northport)
State Senator Daniel Hevesi (D-Forest Hills)
State Senator James Lack (R)
Assemblyman Martin Luster (D-Trumansburg)
Assemblyman Bob Nortz (R)
Assemblyman Chris Ortloff (R-Plattsburgh)
Assemblyman John Ravitz (R-Manhattan)
Joseph Robach (R-Greece)
State Senator Ron Stafford (R-Peru)
Assemblyman Edward Sullivan (D-Manhattan)
Assemblywoman Frances Sullivan (R-Oswego)

Congressional Re-districting Will Create Havoc for Incumbents - The State Legislature failed at the end of this week to approve new Congressional district lines for the November elections. Therefore, the plan devised by a special court appointed "master" may take effect unless last minute action comes from Albany. The master's map shakes things up greatly with Congressmembers Maurice Hinchey and Sherwood Boehlert thrown into the same district. Also, Congressmembers John Lafalce (D) and Jack Quinn (R ) would face each other though Lafalce says he may challenge Congressmember Thomas Reynolds (R ). Also other incumbents who see drastic shifts in their districts. Congressmember John Sweeney of Saratoga County would keep that county but he would lose Rensselaer and gain most of the North Country counties now represented by John McHugh of the Watertown area. Sweeney would pick up all of Franklin, Clinton, Herkimer , Lewis, Hamilton , Fulton and St. Lawrence Counties and part of Jefferson and Otsego counties. McHugh would keep Watertown and most of Jefferson County but would see his district stretch down Lake Ontario almost to Rochester and he would gain the Finger Lakes counties of Cayuga, Seneca, Yates, Wayne and Ontario and part of Tompkins including the City of Ithaca.

Congressmember Jim Walsh of Syracuse would keep Onondaga County and Cortland and add part of Broome, except the City of Binghamton.

Meanwhile, Congressmember Sue Kelly would pick up much of Sweeney's district. Her district would stretch almost the entire eastern border of the state from northern Westchester County into Essex County in the Adirondacks.

Another district would have Orange, Sullivan and parts of Ulster and Rockland counties though Rockland would be split into two districts with part of the town of Clarkstown split and the entire town of Orangetown in another district.

These maps actually help Statewide upstate in that those areas where we have many strong senior organizations would be able to have influence with more members of Congress since their districts have to be expanded as two seats upstate are dropped. In the Capital District our members would be represented by three members of Congress: Kelly, Sweeney and McNulty and the North Country by two and in Rockland by two.

Congress delays Medicare lock-in plan with HMOs - Congress has included language in an unrelated bill that delays until 2005 the "lock in " period for Medicare beneficiaries who want to leave an HMO. Under current law they would have had until July 1 each year to leave or switch HMOs. Next year, the date would have been April 1. The legislative change allows beneficiaries to leave an HMO at any time. The legislation also moves back the time period when HMOs must notify Medicare whether they will participate or not for the coming year. It will be in September . It used to be July until last year's date was changed by administrative order.

Pataki's Assisted Living Bill Has Strong Consumer Protections - Governor Pataki has finally introduced his assisted living legislation that regulates the industry. The bill requires facilities to be registered with the state. The Assembly legislation requires some facilities to be licensed, a provision supported by consumer advocates. The Governor's bill though does include provisions sought by consumer groups including the extension of landlord-tenant laws to residents. Pataki's bill also requires inspections by the state Health Department. There seems to be a real desire to negotiate a bill with the Governor, Assembly and Senate now weighing in with separate bills. There are only three weeks left in the session, so negotiations are expected to intensify quickly.

Three Big June Meetings on Prescription Drugs - Next week there will be two major meetings on prescription drugs. StateWide joins with New Yorkers for Accessible Health Care and the American Cancer Society to sponsor a forum: "Prescription Drug Costs and Coverage: Moving Towards a Balance:

The forum will be held in the Legislative Office Building. The featured speaker will be Alan Sager, Professor of Health Services at Boston University School of Public Health and a long-time expert on prescription drug issues. To register, contact NYFAHC at 212 267-1240 by Monday or e-mail to nyfahc@gmhc.org. Assemblyman Gottfried and Senator Hannon have also been invited to speak. There will also be a dialogue among participants.

State Forms Pharmacy and Therapeutics Committee to Recommend on Prescription Drug Issues for Medicaid Program - The State Health Department will hold the first meeting of its new Pharmacy and Therapeutics Committee on Thursday, June 6 from 10:30 - 4:00. The Committee was formed to make technical recommendations regarding prescription drugs to be covered by Medicaid. The committee is expected to be presented in the coming months with a number of proposals to require prior authorization of drugs.

At this meeting, the committeee with discuss the mandatory generic drug exemption process for Medicaid. The health bill passed in January requires mandatory generic drug usage for Medicaid. The committee will allow only one hour for public comment and then will have over four hours of private discussions. Statewide objects to this. The Department says that since the committee was not created by a law, it is exempt from the Open Meetings Law. StateWide says it will lend suspicion that behind closed door decisions are being influenced privately by drug companies or others.

AFL-CIO Plans June 17 Hearing on Prescription Drug Costs - The state AFL-CIO plans to hold a public hearing on the high cost of prescription drugs. It will be held in Albany on Monday, June 17 at the Westminister Presbyterian Church on State Street, a block from the Capitol. Comptroller Carl McCall is scheduled to testify before a panel that includes Alan Lubin, committee chairman and NYSUT Vice President and Denis Hughes, President of the State AFL-CIO and many other union representatives.

Workers and unions members, especially those who can't afford their medications are urged to testify. For more information, contact Floyd Cameron at New York State United Teachers at 518 459-5400.