As of March 13, 2021, both the Assembly and the Senate introduced their respective “one-House” Budget proposals to set the stage for 3-way negotiations with the Governor to complete a State Budget before the April 1 deadline.   Below  is an initial summary of what we have seen so far as to those issues we were most closely following/advocating.  In most cases, these actions represent positive steps forward in the resolution of these adverse Budget proposals.   However, it is imperative that we continue our extensive grassroots efforts on these issues as the State Budget is finalized over the next 2+ weeks. Please remain alert for further grassroots requests made in our e-news and in stand-alone alerts based upon how negotiations on each of these issues are progressing.

 

Excess Insurance 

Both the Assembly and Senate rejected the $51 million cut to the Excess Medical Malpractice Insurance program and 50% physician cost share imposition that had been proposed in the Executive Budget 

 

OPMC 

The Assembly rejected the “OPMC Modernization Act” provisions from the Executive Budget it its entirety 

 

The Senate rejected most of the “OPMC Modernization Act” provisions including all the proposed changes to physician due process but left in “non-OPMC” components that would: 

• Require new applicants for licensure to undergo criminal background checks 
• Require physicians to include on their NYS Physician profile updates office hours, whether accepting new patients, and health plan participation information (which would be based upon information already publicly available at another DOH website that is based upon information provided by the health plan) 

 

Pharmacy Scope 

The Assembly rejected in its entirety the pharmacy scope expansion provisions from the Executive Budget proposal 

 

The Senate rejected Executive Budget proposals to greatly expand the physician-pharmacy Collaborative Drug Therapy program and pharmacist self-ordering of lab tests, but mostly accepted the proposal to expand the immunizations that can be performed by pharmacists. 

 

Committee for Physicians Health 

The Senate restored the $198,000 that had been cut in the Executive Budget proposal 

 

The Assembly did not appear, at first glance, to restore the cut.  We believe that is a technical (rather than an affirmative) omission, particularly in light of other comments regarding 20% public health program cuts being restored

 

E-Prescribing Waivers 

Both the Assembly and Senate rejected the Executive Budget proposal to eliminate the right of prescribers to apply for a year to year waiver of e-prescribing requirements (which apparently was still being used by over 2,000 prescribers in New York) 

 

Medicaid Prescriber Prevails 

Both the Assembly and Senate rejected the Executive Budget proposal to remove the statutory protection of the prescriber’s determination (not State Medicaid’s) to be final for a medication prescribed to a patient covered by Medicaid  

 

Telehealth 

The Assembly rejected almost all of the Executive Budget telehealth Budget proposal except for a provision that expands the locations where telehealth services can be provided. 

 

The Senate accepted the Governor’s telehealth Budget proposal, but added language supported by MSSNY that would require payment parity for telehealth services as compared to in-person services. 

 

Nurse Practitioner Collaborative Practice 

The Assembly accepted the Governor’s Budget proposal to extend the existing Nurse Practitioner independent practice/collaborative relationship requirement provisions for another 6 years. 

 

The Senate excluded this provision from its Budget proposal 

 

Expanded “De-Credentialing” of Physicians/Providers Under No-Fault Insurance 

Both the Assembly and Senate rejected the Governor’s Budget proposal 

 

Medicaid Cuts

Both the Senate and the Assembly rejects the 1% Across the Board Medicaid cut

Recreational Use Marijuana 

This was excluded from both one-House Budget proposals but a separate bill is currently under extensive 3-way negotiation.

Morris M. Auster, Esq.

Senior Vice-President and Chief Legislative Counsel

Medical Society of the State of New York

One Commerce Plaza, Suite 408

Albany, New York 12210

(518) 465-8085