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A07786 Summary:

BILL NOA07786
 
SAME ASSAME AS S04861
 
SPONSORSimon
 
COSPNSRBronson, Dinowitz, Seawright, Thiele, Gunther, Hunter, Epstein, McDonough, Reyes, Tague, Sayegh, Gonzalez-Rojas, Forrest, Rivera, Kelles, Lupardo, Otis, Gibbs, Rosenthal L, Steck, Shrestha, Mitaynes
 
MLTSPNSR
 
Rpld Part H §§91 & 92, Chap 59 of 2011
 
Repeals the state Medicaid spending cap and related processes.
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A07786 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7786
 
SPONSOR: Simon
  TITLE OF BILL: An act to repeal sections 91 and 92 of part H of chapter 59 of the laws of 2011 relating to the year to year rate of growth of Department of Health state funds and Medicaid funding, relating to the state Medicaid spending cap and related processes   PURPOSE OR GENERAL IDEA OF BILL: To enable the Medicaid program to meet the actual needs of Medicaid-eli- gible New Yorkers, reflecting the cost of care, health care needs, and growth of eligible population, instead of being limited by an artificial cap and cuts by administrative fiat.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 - Repeals sections 91 (Medicaid spending cap) and 92 (Executive powers) of part H of chapter 59 of the laws of 2011. Section 2 - Effective immediately.   JUSTIFICATION: The 2011 state budget imposed a percentage cap on Medicaid spending growth, called for by the Governor as proposed by the Governor's Medi- caid Redesign Team. That cap is calculated annually based on the overall health care inflation rate for the past decade. For particular budgets, marginal changes have been made, such as moving some expenditures out from under the cap and putting other expenditures back under it, and most recently allowing Executive actions under the COVID-19 emergency. But the basic policy remains in place. It does not account for increased Medicaid enrollment caused by a bad economy; more older adults living longer and needing more home care or nursing home care; and increased costs above the 10-year average inflation. In May 2020 the Urban Institute estimated potential Medicaid enrollment growth between 600,000 and 900,000 if New York reached 15%-20% unemploy- ment. This would represent a 10%-15% enrollment increase. With New York above 15% unemployment in June 2020, it is clear that enrollment growth alone will far surpass the spending necessary to keep up with costs, let alone accounting for increased provider costs related to COVID-19. When- ever Medicaid spending is expected to breach the cap, the 2011 law gives the Health Commissioner and Director of the Budget unilateral powers to impose cuts in covered benefits, eligibility, or payments to providers (hospitals, doctors and other health care professionals, community health centers, home care agencies, drug treatment programs, etc.) The cap mechanism is intended to impose austerity without any mechanism for revenue measures and excludes the legislature despite its co-equal role in the budget process.   PRIOR LEGISLATIVE HISTORY: 2021-2022: A226 Gottfried/S5255 -referred to health 2020: A11079 Referred to Health   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately
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A07786 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7786
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 15, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  SIMON, BRONSON, DINOWITZ, SEAWRIGHT, THIELE,
          GUNTHER,   HUNTER,   EPSTEIN,   McDONOUGH,   REYES,   TAGUE,   SAYEGH,
          GONZALEZ-ROJAS,   FORREST,   RIVERA,  KELLES,  LUPARDO,  OTIS,  GIBBS,
          L. ROSENTHAL, STECK -- read once and  referred  to  the  Committee  on
          Health

        AN  ACT to repeal sections 91 and 92 of part H of chapter 59 of the laws
          of 2011 relating to the year to year rate of growth of  Department  of
          Health  state  funds and Medicaid funding, relating to the state Medi-
          caid spending cap and related processes
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Sections 91 and 92 of part H of chapter 59 of the laws of
     2  2011 relating to the year to year rate of growth of Department of Health
     3  state funds and Medicaid funding are REPEALED.
     4    § 2. This act shall take effect immediately.
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09651-01-3
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