Medicaid Matters New York released the following statement (PDF here) as state budget negotiations continue in Albany:
New York has been a leader in advancing the need to rebalance the health care system to support home- and community-based services. This ensures New Yorkers of all ages who need long term services and supports can receive care and services in the most-integrated settings, their own homes in communities across the state.
Unfortunately, the proposed SFY2026 budget moves us further from these goals for Medicaid enrollees.
The Governor and the Legislature have not achieved balance between their inherent support for long term care institutional providers and the need to invest to keep home care accessible. Despite the legal affirmation of the right to live in the community more than three decades ago (Olmstead v. LC), government priorities still reflect an institutional bias.
The Governor, Senate, and Assembly have proposed increases in Medicaid reimbursement rates for institutional long term care providers, but have failed to address:
- The impending deadline for implementation of the Medicaid Redesign Team 2020 cuts to Medicaid home care eligibility, regarding change in number of Activities of Daily Living (ADL) and a 2.5 year look-back for income eligibility;
- The April 1st transition of the Consumer Directed Personal Assistance Program (CDPAP) to a single fiscal intermediary; and
- The shortage of home care workers.
To restore balance and promote the dignity that is promised to New Yorkers through the right to live independently in the community, the budget must:
- Repeal the restriction to home care based on the increased number of ADL that are required to be eligible (S.358, Rivera/A.1198, Paulin);
- Repeal the requirement for a 2.5 year look-back to ensure no assets were transferred prior to the application for home care (S.4786, Skoufis/A.1907, Paulin); and
- Delay the CDPAP transition.
Further, the budget should include the Senate’s proposals to:
- Reject the cap on the Nursing Home Transition and Diversion Medicaid Waiver program;
- Increase the Medicaid savings exemption (asset limit) to $300,000 for older adults and people with disabilities (S.3554, Cleare); and
- Repeal the Medicaid Global Cap (S.4502, Rivera).
Failure to ensure access to home- and community-based long term services in this year’s budget will threaten the rights, dignity, and lives of hundreds of thousands of New Yorkers. The Governor and the Legislature must consider this as they enter the final negotiations on the state budget.