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.
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
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:
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
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
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
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
In collaboration with the State Medical Society (MSSNY), MSCQ works to ensure physician, patient, and community friendly legislation is passed.
Click the link below to see the full list of position statements by the Medical Society: