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Package of Aging Bills passes Senate

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Senator Díaz Announces Unanimous Passage of  Legislative Package

Albany, NY   State Senator Rubén Díaz, Sr., Chairman of the New York State Senate Committee on Aging announced today that the New York State Senate unanimously passed five bills that he sponsors.

Senator Díaz stated: “As Chairman of the New York State Senate Committee on Aging and the Senate sponsor of these bills, I am pleased to have played a part in providing the necessary safeguards and improvements to many programs in which older New Yorkers rely. I want to thank my Senate colleagues for their unanimous support in passing these bills.  I am also very grateful to my Aging Advisory Council for their hard work on behalf of older New Yorkers and many who submitted memos in support of my bills.”

Senator Díaz’s bills that passed the Senate are:
Simplifies the renewal process for the Senior Citizen Rent Increase Exemption Program by instituting a reminder mechanism and requires the appropriate agency to send a notice of required renewal 90 days prior to the application renewal date.

S7512-A Allows naturally occurring retirement communities to count in-kind contributions toward their required match of state funds.

S7513  Allows NORCs to diversify their revenue sources by raising money outside of the NORC geographical boundary and to raise matching funds from non-state sources and sources outside of the NORC supportive Services Boundary.

S7567  Includes assisted living residences within the definition of long term care facilities by requiring these facilities to permit access to the long term care ombudsman.

S7647  Eliminates the requirement that an individual be over the age of 60 to qualify as a head of household for NORC supportive services.

“Today was an important day for senior citizens in the State Senate and I believe these bills will go a long way to improve, protect and enhance the lives of the more than three million older residents who call New York State home,” commented Senator Díaz.


Elder Index in the News

Seniors Struggling Through Recession, Service Cuts, Senior Service Cutbacks And Skyrocketing Costs Forcing Some Elderly Onto The Streets”
Click here to below the Video.Index cover
CBS 2 Story
NEW YORK (CBS)

While the rough economy is hitting everyone, many seniors in our area are barely surviving. Some are suffering in silence, but others are fighting for change.

“We are angry, outraged,” Muriel Beach said.

Muriel is 82 years old, and says seniors can barely make it with the cost of everything skyrocketing.

“I think we’re probably to almost as bad as we were in the Great Depression, and I’m old enough to remember that,” Muriel said.

Muriel is on the New York Statewide Senior Action Council and has a wall full of awards as she fights to stop cutbacks on senior services. She says many elderly people are ending up homeless, and with centers like Peter’s Place shutting down, she’s heartbroken.

“I’ve known nights I’ve cried myself to sleep, because it’s no longer statistics with me – it’s individual people, it’s faces,” Muriel said.
According to AARP, Social Security is the only source of income for one in four seniors in New York State.

The average Social Security benefit for a woman in New York City is a little over $13,300 a year, and about $15,600 for men. The study on seniors that calculated what it truly costs to survive as a senior found the average cost of living for an elderly person in the city is more than $25,000 a year.

Maria Alvarez is also on the NY Statewide Senior Action Council, and she says that with costs going up and increasing cutbacks, many seniors are sliding into poverty.

“They either have to move out-of-state, they have to go live with their children, [or] those who are not so fortunate are ending up in shelters,” Alvarez said.

Alvarez says the seniors who have been fighting to salvage benefits for years are slowly dying off, and it’s now the baby boomers that need to step up. “There are certain policies that the may feel will always be there – like Social Security and Medicare – that are in big jeopardy, serious jeopardy. We need them to get involved.”

Alvarez says it’s the baby boomers who will be facing a problem that’s only growing. According to city estimates, by the year 2020 there will be more seniors in New York City than children.

 


National Health Care Reform

Director Burgess stated that the national health care reform legislation passed by Congress and signed into law by President Obama will have a significant positive impact for New York State’s more than 3.3 million senior citizens. The closing of the so-called “donut hole” in the Medicare Part D drug benefit plan will provide a major savings in out of pocket costs and will lessen anxiety of many older persons as well. Those that have entered the gap this year will receive a $250 check to help offset their costs. For information on the impact to Medicare, please see the Medicare Rights Website.

The legislation will also extend the solvency of the Medicare trust fund and provide the opportunity for people to have community-based long term care coverage for generations to come through inclusion of a new program component- the Community Living Assistance Services and Supports [CLASS], that will allow workers to pay a monthly premium to buy coverage, probably through their employers, that would qualify them to receive a cash benefit to purchase community based long term care services should and when the need arise. This benefit will help a disabled person get ready for work, or give a break to someone who is caring for an elderly parent or disabled family member and will help many individuals that may otherwise be placed in a residential setting to remain in their home. The legislation ensures that Medicare Advantage plans selected by many seniors in New York State spend at least 85% of their revenues on medical costs or activities that improve quality of care, rather than profit and overhead. It also improves preventive benefits for all Americans, including the elderly. Beginning on January 1, 2011, Medicare beneficiaries will receive a free, annualwellness visit and will have all cost-sharing waived for prevention services.

Click here For information on all provisions of the new law.


State Budget

The State Legislature continues their deliberations on the budget for state fiscal year 2010-11 which began on April 1. The New York State Association of Area Agencies on Aging has posted a chart on aging issues click Read More to see the chart.

The Governor included a revenue raiser in his proposed budget that places a tax on sugar-sweetened beverages as part of a strategy to fight obesity. Health Commissioner Daines has coined this “a tax that invests in our health.” To read more  about this by Dr. Daines, please Click Here.


Obama Promotes Health Bill, Asks People to Give It Time to Work

*Kaiser Health News*

President Barack Obama continued to tout the new health law in an appearance in Maine Thursday.
Los Angeles Times:  the president said”it would take four years for the overhaul to be fully implemented but that some provisions would kick in quickly. Those include ending insurance company practices of using preexisting conditions as an excuse to curb benefits and lifting annual caps on payments. … The president also stressed the advantages for small-business owners. Businesses that have 25 or fewer employees will receive tax credits this year if they provide health insurance. Those credits increase by 2014, with 4 million small businesses benefiting, according to the White House” (Nicholas
and Muskal, 4/1).The New York Times: “Supporting repeal, the president said, means Republicans
would take away tax credits for small businesses and tell some Americans they would have to face a lifetime of debt again. ‘If they want to have that fight, I welcome that fight,’ he said to raucous cheers, ‘because I don’t believe the American people are going to put the insurance industry back in the driver’s seat.’” Protesters outside the event in Maine made their displeasure known, however, even as people inside were largely pro-reform. “The White House said that it invited both (Maine Republican Sens. Olympia) Snowe and (Susan) Collins to Thursday’s speech but that neither could attend. Ms. Snowe’s office said she already had a full day of events planned in Maine before learning last Friday of the president’s visit.” Both women were targeted by Democrats as potential yes votes on health care reform, but both ultimately voted no (Baker, 4/1).  The Hill quotes the president accusing pundits and reporters for premature criticism:  “Can you imagine if some of these reporters were working on a farm? You planted some seeds and they came out the next day… ‘Nothing’s happened. There’s no crop. We’re going to starve. Oh, no. It’s a disaster.’ It’s been a week, folks,” Obama said (Youngman, 4/1). The Christian Science Monitor:  Obama may have picked the right place to talk to a friendly, pro-health reform crowd.” This was the first state to enact a law to prevent insurers from denying coverage to people with pre-existing conditions. Since then, it has created discounted drug programs, subsidized insurance for the poor, and established limits on how much insurers can allocate to administrative costs and profits “(Woodard, 4/1). Politico:  Obama alluded to the fact that he was in friendly territory. “‘Because of people like you it happened … you never lost sight of what was right and what was wrong. You knew it wasn’t about the fortunes of one party; it was about the future of our country’”

“The speech reflected a newly confident tone by the president, whose first year was characterized by an uphill struggle to overhaul health care while fending off complaints he was not paying enough attention to the high unemployment rate. Fellow Democrats, meanwhile, began to grumble that the White House had allowed Republicans to control the message on the issue, making it even harder for congressional Democrats to pass it” (Milligan, 4/2). In a separate story, The Christian Science Monitor reports more on Obama’s small business comments. “‘This healthcare tax is pro-jobs, it’s pro-business, and it starts this year,’ Mr. Obama said in his Thursday speech in Portland, Maine. The nonpartisan Congressional Budget Office estimates that tax credits to cover healthcare premiums would save small businesses $40 billion by 2019. But it’s not clear that small-business owners are buying the argument. Their optimism has turned down in recent months.” Polls say many small businesses plan on doing more hiring and spending more but at a slower pace (Belsie, 4/1). ABC News: “Some small business organizations say the tax credit will help in the short term,  but once it is phased out, firms will have to bear the full costs.’When it comes to the tax credit, it’s not going to hurt. The challenge is the tax
credit is temporary. When it runs out small businesses will be left paying out the full amount,’ said Molly Brogan, vice president of public affairs for The National Small Business Association, an advocacy group that opposed the health care law” (Khan, 4/1). Time has a transcript of the President’s comments (4/1).


Albany Budget Complicated

 

Wall Street Journal by Jacob Gershman

New York state is facing one of the nation’s worstbudget crises. It began its fiscal year this past week with no budget in place and a $10 billion deficit. But there is an added wrinkle as legislative talks over the budget stall: A rumored rift between scandal-tarred lame-duck Gov. David Paterson and his  hand-picked No. 2, Richard Ravitch. Albany lawmakers and lobbyists say Mr. Paterson’s involvement in the budget talks has been sporadic. Worse, they say, tension s have flared between his two most senior advisers:  The 76-year-old Mr. Ravitch , a longtime state hand who was involved in New York City’s budget crisis in the mid-1970s, and the governor’s chief of staff, Lawrence Schwartz, who has bristled at the lieutenant governor’s impact on the negotiations with the Legislature. Mr. Ravitch has been trying to rally lawmakers behind a detailed bailout proposal, which combines deficit borrowing and stricter fiscal controls. Mr. Schwartz has resisted Mr. Ravitch’s efforts, saying the lieutenant governor has made it more difficult for the administration to extract concessions from lawmakers, who want to expand health care and education spending. “The governor is not interested right now in negotiating about borrowing to close a budget deficit,” Mr. Schwartz said. “He’s interested in getting the Legislature to reduce spending.” He added, “I have told people that David Paterson is the governor, and he is responsible for negotiating the budget.
Mr. Ravitch is a partner in the negotiations, but the governor makes the decisions.” Mr. Ravitch said the administration is united: “There’s no split. There’s a gap between the Assembly and the Senate, and there’s a gap between the governor and both of them.” The state’s annual budget battle is playing out in the shadow of recent scandal that has badly diminished Mr. Paterson’s status and prompted him to withdraw from running for governor this year. That decision came after media reports suggested he may have interfered with a witness in a domestic-abuse case involving a staffer. Mr. Paterson, who succeeded Eliot Spitzer when he quit amid his own scandal in 2008, also has been accused of lying under oath in regard to claims he solicited free
tickets to the New York Yankees. He has denied any wrongdoing. In budget talks, lawmakers are resisting more than $1 billion of the governor’s proposed cuts and several of his tax increases, including one on sugary drinks. Some Senate Democrats have pushed for ways to generate revenue as an alternative to the Ravitch plan, including imposing higher taxes on Wall Street bonuses.

In public comments, Mr. Paterson has appeared lukewarm toward Mr. Ravitch’s recommendations, while pressing lawmakers to accept more of his spending cuts. “It’s hard to tell who’s driving the bus and which route they’re taking,” said Diane Saving, a Democratic state senator from Staten Island. One of the capital’s primary proponents of deficit borrowing is Mr. Ravitch, a former chairman of the Metropolitan Transportation authority whom Mr. Paterson appointed last year to replace him as lieutenant governor following Gov. Eliot Spitzer’s resignation in 2008. Mr. Ravitch said he wants to restrain lawmakers from piling on even more debt. “If they don’t do something I suggested, they’re going to borrow a humongous amount of money,” he said. Mr. Paterson and Albany lawmakers are negotiating a roughly $135 billion budget against a backdrop of declining revenue and increasing deficit projections, which has forced the state to take drastic measures to keep cash flowing. The internal clashes and the fragility of Mr. Paterson’s administration are just one set of complications. The potential for a cash crisis and state Democrats’ fears that they could lose control of the Legislature have raised the stakes even higher. New York’s annual budget process usually results in a turbulent clash of agendas. The state has settled on a spending plan by its April 1 deadline only six times since the 1970s. But rarely have so many fissures riddled the bargaining table. Paterson officials have downplayed the rift, characterizing it as a disagreement over strategy more than over substance. One fear expressed by the officials is that lawmakers will try to extract the benefits of extra borrowing without agreeing to the spending restrictions suggested by Mr.Ravitch. “The Ravitch plan called for fiscal discipline.  The Legislature has turned it on its head by talking about borrowing and not fiscal discipline,” Mr. Schwartz said. The Assembly has proposed a version of the Ravitch plan that would establish a fiscal review board appointed by the governor and other elected leaders. Paterson officials said the bill would water down the fiscal controls Mr.Ravitch called for, but Assembly officials dispute that notion. The administration is preparing its own bill, according to Mr. Ravitch.


Democrats Tout Savings From Medicare Fraud Crackdown, Swindlers Exploit Health bill Confusion

*Kaiser Health News*

“Democrats on the Senate Finance Committee are trying to make the case that the healthcare bill will strengthen Medicare and Medicaid by finding major savings through a crack down on fraud, waste and abuse.” “The bill will require private insurers who provide health benefits to seniors as part of the Medicare Advantage program to spend at least 85 percent of revenue from premiums on healthcare instead of banking them as profits or using them to offset overhead costs, the [Senate] Finance Committee staff said in a
memo. The payment rate for Medicare Advantage insurers will also be linked to local Medicare spending to try to reduce the $132 billion in overpayments they get, the staff said. To crack down on waste that costs
more than $60 billion a year, the bill will increase funding for fraud and abuse programs by $350 million this decade, raise penalties for fraud and abuse and use new technologies to identify wrongdoing”
(Alarkon, 4/1).

NPR reports on “swindlers hoping to take advantage of Americans confused by what the new health care law means for them. “Already, “a cable television advertisement exhorted viewers to call an800-number so they wouldn’t miss a ‘limited enrollment’ period to obtain coverage available ‘now that historic health care legislation has passed.’ And there have already been reports of door-to-door salespeople peddling ‘Obamacare’ insurance policies. There is, of course, no limited enrollment period for any coverage, and no such thing as a new federal insurance policy named after the president.” “The Coalition against Insurance Fraud has characterized the nation’s current economic climate as having created a ‘perfect storm of vulnerabilities’ for consumers, from millions of uninsured Americans and stubborn unemployment, to the rising cost of health insurance premiums. Add to this the uncertainty over what the new health care law does and doesn’t do” (Halloran, 4/1).


Measuring Coverage for Seniors in Medicare Part A and Estimating the Cost of Making It Universal

United Hospital Fund

Approximately 1.6 million seniors or 5 percent of the elderly U.S. population, were without a full federal Medicare Part A premium subsidy in 2005, a surprising number for many who think of Medicare as the program that covers all seniors. In the two largest states, the share of seniors without his benefit was notably higher-California (12 percent) and New York (8 percent). Mostly citizens or legal immigrants, these seniors did not qualify because they did not complete ten years of Medicare-covered employment, often having worked as restaurant cooks, construction laborers, or agricultural workers, or in other parts of the informal economy. The findings are published in a United Hospital Fund staff-written article published in the current issue of the Journal of Health Politics, Policy and Law, which explains who these non-Medicare seniors are, what barriers they face to coverage, and what it would cost to make Medicare part a truly universal benefit. (Medicare Part A, the largest single component of the Medicare program, covers hospital inpatient costs and limited amounts of skilled nursing, home health, and hospice care.) With national health reform now enacted into law, this little-discussed population may be an area of growing focus. Written by Michael Birnbaum and Elizabeth M. Patchias, “Measuring Coverage for seniors in Medicare Part A and Estimating the Cost of Making It Universal”


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