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New York State budget

State senators at THRIVE press conference. Photo by Maureen Rossi

Advocates say new budget has wins for people in recovery

By Maureen Rossi

With the opioid epidemic still endemic throughout Suffolk County and beyond, New York State senators are hoping the new state budget will mean more help for those in the throes of addiction.

Measures woven into and passed in the state budget include increasing access for those suffering with substance use disorder to access 28-day inpatient and outpatient programs without prior insurance authorization.  They also include money for a recovery high school start -up and no prior authorization for medication- assisted treatment.  

“These are critical reform measures,” said New York State Sen. Monica Martinez (D-Brentwood). In addition, she touted another reform, which will require emergency rooms to enact screening, brief intervention and referral to treatment for all overdose patients before they are released. For the first time, emergency room doctors will also initiate medically-assisted treatment to overdose patients prior to their release, utilizing drugs like buprenorphine that alleviate the craving for opioids including heroin. 

Long Island advocates rally in Albany for the state to do more about the opioid crisis on LI Lobby Day in March. Photo from Friends of Recovery NY

Martinez was joined by her Democratic colleagues at a press conference in Islandia April 12.  Senators Anna Kaplan (D-Great Neck), James Gaughran (D-Northport), Kevin Thomas (D-Levittown) and Todd Kaminsky (D-Long Beach) gathered at THRIVE Long Island, a community center for people in addiction recovery whose funding was a legislative win three years back.

The Island’s Democrats were joined by stakeholders to celebrate critical initiatives passed in this year’s state budget to combat Long Island’s pernicious opioid epidemic. Those stakeholders include parents of those lost to the epidemic, those in recovery and those in the prevention and addiction field, including the CEO of Family & Children’s Association Jeffrey Reynolds, of Smithtown.

 “There is still much work to be done to combat the opioid epidemic we are seeing here on Long Island,” Martinez added.  She looked to Reynolds to the right of the podium and shared that he was tenacious in getting the Long Island’s senators’ attention as the hours dwindled in budget meetings. “He used social media and tagged every single one of us and let us know what funding was missing in the budget.”

Kaplan said the crisis affects every community, every school and every community.   

“Too many innocent souls have been lost to this disease, they have been failed time and again,” Kaplan said.  “We are done with half-measures — we will do everything we can to help people get into long-term recovery.”  

One such measure included and passed in the budget was the funding of another THRIVE center for Nassau in Hempstead. The doors are scheduled to open next month.

Kaminsky met with some Long Island parents who lost loved ones to the epidemic prior to the budget process. Figures released by the addiction experts on Long Island put that figure at 3,400 since 2010.

“When a parent tells you the story of how they found their child (dead), you want to make sure another parent doesn’t experience that,” said Kaminsky.   

When it came to budget negotiations that lasted around the clock, the state senator said they would not take no for an answer.  

Suffolk County has long been a powerhouse when it comes to shining a light on the opioid epidemic and taking legislative measures to address it. Packages of historic bills have been pushed through statewide by Suffolk County advocates. The county is one of the state’s hardest hit counties and they were the first county in the country to file a lawsuit against Purdue Pharma, the makers of the drug OxyContin.  

Reynolds addressed the senators on behalf of the sixty-plus advocates present.  “ ‘Thank you’ seems insufficient. You promised on campaign trails you would do good for Long Island. Thank you so much for your efforts,” he stated.

However, Reynolds promised that he and the Long Island advocacy movement will always ask the senators to do more. 

From left, Gov. Andrew Cuomo (D), Suffolk County Executive Steve Bellone (D). Photo from the governor’s office

Cuomo lauds LIRR reform, hints at renewable energy initiatives

By Donna Deedy

Gov. Andrew Cuomo (D) unveiled April 11 his Long Island agenda to a crowd of some 400 politicians, business leaders, local residents and students at Stony Brook University’s Student Activities Center. It was one of two stops statewide, where the governor personally highlighted regional spending for a local community. 

Overall, the $175 billion fiscal year 2020 budget holds spending at 2 percent.

“This year’s budget builds on our progress and our momentum on Long Island, and it includes $18 billion for Long Island — the largest amount of money the state has ever brought back to the region, and we’re proud of it,” Cuomo said. 

Nearly half of the revenue that Long Island receives goes toward school aid and Medicaid, $3.3 billion and $6.9 billion collectively, according to Freeman Klopott in New York State’s Division of the Budget. But the spending plan funds several bold initiatives, such as an overhaul of the MTA and Long Island Rail Road and the phase in of free public college tuition for qualified students. 

Long Island Association president and CEO Kevin Law, who had introduced the governor, suggests looking at the enacted budget as five distinct categories: taxes, infrastructure, economic development, environmental protection and quality of life issues, such as gun safety reform. 

On the tax front, Long Islanders, according to the governor’s report, pay some of the highest property tax bills in the United States. Over the last 20 years, Cuomo said, local property taxes rose twice as fast as the average income. 

“You can’t continue to raise taxes at an amount that is more than people are earning,” he said. His goal is to stabilize the tax base. 

On the federal level, the governor will continue to fight with other states the federal tax code, which last year limited taxpayers’ ability to deduct state and local taxes over $10,000 from their federal income tax returns. Long Island reportedly lost $2.2 billion. 

Otherwise, the governor considers his plan to be the most ambitious, aggressive and comprehensive agenda for Long Island ever. 

The budget’s regional development goals emphasize a commitment to Long Island’s research triangle: Cold Spring Harbor Laboratory, Northwell Health, Stony Brook University and Brookhaven National Laboratory. The governor envisions the Island as New York’s potential economic equivalent to California’s Silicon Valley. The objective is to bridge academic research with commercial opportunities.

Some of the largest investments include $75 million for a medical engineering center at Stony Brook University, $25 million to Demerec Laboratory at Cold Spring Harbor, $12 million for a new college of veterinary medicine at Long Island University Post, $5 million in additional research investments at Stony Brook University and $200,000 cybersecurity center at Hofstra University.

“Governor Cuomo’s presentation was uplifting,” said state Assemblyman Steve Englebright (D-Setauket). “It was also a preview of the future of Long Island as an indelibly important part of the state the governor and Legislature appreciate and are continuing to invest into.”

Offshore wind initiatives will be announced in the spring, with a goal of providing 9,000 megawatts of wind power by 2035. As part of Cuomo’s New Green Deal, the state target is 100 percent clean energy by 2040.

Highlights of Gov. Cuomo’s 2019-20 budget for Long Islanders

Taxes: Permanently limits local tax spending to 2 percent annually. The 2 percent property tax cap, first implemented in 2012, has reportedly saved Long Island taxpayers $8.7 billion. Now that the property tax cap has become permanent, the governor reports that the average Suffolk taxpayer will save an estimated $58,000 over the next 10 years. The budget also supports the phase in of middle-class tax cuts. By 2025, under the reforms, middle-class filers will save up to 20 percent income tax rate and impact 6 million filers. 

Internet taxation: Requires internet purchases to charge sales tax to fairly compete with brick-and-mortar retail establishments. This reform is expected to raise sales tax revenue by $33 million for Suffolk County in 2019. 

LIRR reforms: Dedicates $2.5 billion to the Long Island Rail Road. $734 million will be used to purchase 202 new trains, $47 million will fund the Ronkonkoma train storage expansion project, which adds 11 tracks to the railyard. Another $264 million is allocated to reconfiguring and rebuilding the Jamaica station. An additional 17 stations will also be upgraded. A third track will be added between Hicksville and Floral Park to address bottlenecking. Many projects are already underway and expected to be completed
by 2022.

The new LIRR Moynihan Train Hall will become an alternative to Penn Station in New York City. It will be located in the old post office building. Construction is underway with completion targeted for the end of 2020. The cost is $2.5 billion with $600,000 million allocated for 2020. A new LIRR entrance at mid-block between 33rd Street and 7th Avenue will also be built at a price tag of $425 million. 

School aid: Increases school aid to $3.3 billion, a nearly 4 percent uplift. The 2020 budget includes a $48 million increase of foundation aid.

College tuition: Funds tuition-free education in public colleges to qualified students, whose families earn less than $125,000 annually. The program annually benefits more than 26,100 full-time undergraduate residents on
Long Island.

The DREAM Act: Offers $27 million to fund higher education scholarships for undocumented children already living in New York state. 

Higher education infrastructure: Spends $34.3 million for maintenance and upgrades at SUNY higher education facilities on Long Island. 

Downtown revitalization: Awards Ronkonkoma Hub with $55 million for a downtown revitalization project. Nassau County will receive $40 million to transform a 70-acre parking lot surrounding Nassau Coliseum into a residential/commercial downtown area with parkland, shopping and entertainment, where people can live and work. Hicksville, Westbury and Central Islip will also receive $10 million each to revitalize its downtowns. 

Roads and bridges: Among the initiatives, $33.6 million will be used toward the Robert Moses Causeway bridge. Safety will be enhanced with guardrails along Sunken Meadow Parkway for $4.7 million. The Van Wyck Expressway is also under expansion for improved access to JFK air terminals. 

Health care: Adds key provisions of the Affordable Care Act to state law, so health insurance is protected if Washington repeals the law.

Plastic bag ban: Prohibits most single-use plastic bags provided by supermarkets and other retailers beginning in March 2020. Counties and cities can opt to charge 5 cents for paper bags. It is projected that 40 percent of revenue generated will fund local programs that purchase reusable bags for low- and fixed-income consumers. The other 60 percent will fund the state’s environmental protection projects.

Food waste recycling program: $1.5 million will be allocated to establish a clean energy, food waste recycling facility at Yaphank. 

Clean water initiatives: Awards Smithtown and Kings Park $40 million for installing sewer infrastructure. A shellfish hatchery at Flax Pond in Setauket will get an additional $4 million. The new budget offers $2 million to the Long Island Pine Barrens Commission and $5 million in grants to improve Suffolk County water supply. The Long Island South Shore Estuary will get $900,000, while Cornell Cooperative Extension will receive $500,000. The state will also fund another $100 million to clean up superfund sites such as the Grumman Plume in Bethpage. The state has banned offshore drilling to protect natural resources. 

Criminal justice reform: Ends cash bail for nonviolent felonies and misdemeanors. Mandates speedy trial to reduce pretrial detention. Requires that prosecutors and defendants share discoverable information in advance of trial. 

Gun safety: Includes one of the nation’s first “red flag” laws. Passed in February 2019, the law enables the courts to seize firearms from people who show signs of violent behavior or pose a threat to themselves or others. The new law, which takes effect later this year, also authorizes teachers and school professionals to request through the courts mental health evaluations for people who exhibit disturbed behavior related to gun violence. Bans bump stocks. Extends background check waiting period for gun purchases. 

Anti-gang projects: Invests more than $45 million to stop MS-13 gang recruitment and improve youth opportunities.

Opioid crisis: Allocates $25 million to fund 12 residential, 48 outpatient and five opioid treatment programs. The state also aims to remove insurance barriers for treatment.

Tourism: Promotes state agricultural products with $515,000 allocated to operate Taste NY Market at the Long Island Welcome Center with satellite locations at Penn Station and East Meadow Farm in Nassau County. The PGA Championship next month and Long Island Fair in September, both at Bethpage, will also feature New York agricultural products. 

Agriculture: Continues support for the New York State Grown & Certified program to strengthen consumer confidence and assist farmers. Since 2016, the program has certified more than 2,386 farms.

Voting: Sets aside $10 million to help counties pay for early voting. Employers must offer workers three hours of paid time off to vote on election day.

By Lisa Scott

At the end of March Gov. Cuomo (D) and the New York State Assembly and Senate agreed to a $168 billion budget that tried to please constituencies in an election year while ignoring reforms that are desperately needed. Budget negotiations were conducted behind closed doors among the governor and three top legislative leaders, out of sight of even other lawmakers. It was clear that the policy issues such as gun control or bail reform would not be addressed until (possibly) after the budget’s April 1 deadline, in favor of financial considerations. 

The governor had drafted initial budget proposals that touched on many progressive reforms, yet the negotiations showed that a Republican-led NYS Senate was able to fight hard against any new taxes and fees, and defer inclusion of social policies, while the NYS Assembly had pushed for a large spending increase in its initial budget proposal. The financial 900-lb gorilla in the room was the impact of the new federal tax plan whose cap on SALT (state and local tax deductions) would fall the hardest on New York’s middle class homeowners and taxpayers. The governor called the tax plan “an arrow aimed at the economic heart of the State of New York.” 

The budget also included $26.7 billion in school funding, which will prove useful to incumbent Senate and Assembly members as they campaign for re-election this November.

The League of Women Voters, along with other good government groups, has lobbied long and hard in two areas that were ignored in the final budget: election reform and campaign finance and ethics reforms. Although including the funding for reforms in the budget is the likeliest way to ensure their adoption, it is still possible for the NYS Senate and Assembly to pass bills on these reform areas stipulating their adoption and funding in the following fiscal year (if funding is actually needed). The NYS Senate and Assembly only meet until June 20, so the time for lobbying and constituent pressure is of the essence.  

Election law reforms advocated by the NYS League of Women Voters

Early voting

The league supports enacting early voting in New York State. Currently 37 states allow for some form of early voting. Early voting should be implemented in a manner that will allow equivalent access to the polls for all voters.

 Voter registration

The league supports Election Day registration, on the same day, as a proven method of increasing voter participation. The league also will support reducing the voter registration deadline to 10 days before an election. The league supports pre-registration of 16- and 17-year-olds.

Ballot design

The league supports improvements to ballot design that would make a clear delineation between offices with a bold vertical bar and a fine line between the candidates, a larger font with an absolute minimum size and fill-in circles in black instead of gray.

Automatic voter registration 

Currently 10 states and the District of Columbia have automatic voter registration (AVR). The league supports an opt-in AVR system that would not require voters to duplicate information. The league supports all state agencies participating in an AVR program.

No-excuse absentee

The league supports a constitutional amendment to allow for no-excuse absentee voting. Currently 27 states and the District of Columbia allow for no-excuse absentee voting.

Single June primary

The league supports legislation that would create a single combined congressional and state June primary date and would bring New York State into compliance with the Military Overseas Voter Empowerment (MOVE) Act. 

Electronic poll books

The league strongly supports replacing printed poll books with electronic poll books to eliminate time and resources spent producing paper poll books and updating voter information and to speed up processing voters at the polls on Election Day. 

Campaign finance and ethics reforms advocated by the NYS League of Women Voters

Ban ‘pay to play’

Strict “pay to play” restrictions on state vendors. The U.S. attorney’s charges that $800 million in state contracts were rigged to benefit campaign contributors to the governor underscores the need to strictly limit contributions from those seeking state contracts.

Close ‘LLC loophole’

Ban unlimited campaign contributions via limited liability companies. LLCs have been at the heart of some of Albany’s largest scandals. 

Strict limits on outside income

Real limits on the outside income for legislators and the executive branch. Moonlighting by top legislative leaders and top members of the executive branch has triggered indictments by federal prosecutors.

Create a database of deals

A “database of deals” will list all state economic development benefits, including grants, loans or tax abatements awarded to a particular business or organization. The database of deals will also include the cost to taxpayers of each job created, and create a uniform definition of what a “job” is across subsidy programs including full time, part time, permanent and contract jobs.

Many good government groups like the league continue to lobby our elected officials in Albany until the end of the session in late June. Please review the above list of reforms, choose one or two, and call or write your NY State senator, Assembly member and Cuomo to express your opinion and priorities. To find the legislators who represent you, enter your street address and ZIP code in the LWV of New York State website link: https://salsa.wiredforchange.com/o/5950/c/8551/getLocal4.jsp.

Lisa Scott is president of the League of Women Voters of Suffolk County, a nonprofit, nonpartisan organization that encourages the informed and active participation of citizens in government and influences public policy through education and advocacy. For more information, visit www.lwv-suffolkcounty.org, email [email protected] or call 631-862-6860.

The final budget left spousal refusal intact. Stock photo

By Nancy Burner, ESQ.

Nancy Burner, Esq.

On March 31, the New York State Legislature and Gov. Andrew Cuomo (D) finalized the budget for the 2019 fiscal year. In January, the governor’s office set forth a budget proposal. Using that as a jumping-off point, the Legislature and the executive started a negotiation process that resulted in the budget beginning the fiscal year on April 1, 2018.

Elder law attorneys across the state watch the budget proposal and negotiations closely to see what, if any, impact there will be on the Medicaid program. Many elderly and disabled individuals in the state rely on the Medicaid program to cover their costs of long-term care. The budget proposals often suggest changes to eligibility as well as to the methods by which care is provided.

One item that was in the governor’s original proposal, but eventually left out of the final budget, was the elimination of spousal refusal. Spousal refusal is the method by which a spouse in need of care can enroll in the Medicaid program while the healthy spouse can maintain assets in their own name to support their own needs. The final budget left spousal refusal intact. This is a tremendous benefit to the spouses of Medicaid recipients.

The budget did include a change in the way the Medicaid program will be administered to long-term nursing facility residents. Until the budget was enacted, long-term patients in a nursing facility were enrolled in a managed long-term care plan. These plans receive a flat rate from the state for each enrollee regardless of whether the enrollee is receiving a small amount of in-home care, round-the-clock care in the home or nursing facility services. 

The new rule is that a patient that has been in a nursing facility for three months will be disenrolled from the managed long-term care plan and their services will be paid directly to the facility from the Medicaid program. The stated purpose for this change is to eliminate any duplication of care coordination services. The concern from the governor’s office was that both the facility and the plan were providing this same service.

Another change to the Medicaid program will impact managed long-term care plan participants who want to switch plans. Prior to the new budget, there were no restrictions on such changes. The new budget states that a plan participant can change plans within the first 90 days after enrollment without cause. However, after the first 90 days, the participant can only change plans once in every 12-month period. Any additional changes after the first 90 days must be for cause. Good cause is listed to include, but is not limited to, issues relating to quality of care and access to providers.

The managed long-term care plans will also be affected by the budget provision that will limit the number of licensed home care agencies with whom a plan can have a contract. As stated above, each plan receives a set rate from the state for each enrollee. That plan then has to contract with an agency to provide the aide in the home for a Community Medicaid recipient. 

Until now, a plan was not limited on the number of agencies with which it could hold a contract. As of Oct. 1, 2018, a plan can only hold a contract with one agency for every 75 members it enrolls, and on Oct. 1, 2019, it will be one contract per 100 members.

These budget provisions adjust the ever-changing landscape of the long-term care Medicaid program. The direct impact of these changes on consumers is not yet known. The stated purpose of the managed long-term care program is to streamline the care provided to the aging and disabled population of New York state. Advocates in this area continue to work with the governor and Legislature to make Medicaid long-term care benefits available to all New York residents who require such assistance. Stay tuned.      

Nancy Burner, Esq. practices elder law and estate planning from her East Setauket office.