Plugged In @ Hinman Straub – March 6, 2020

What’s Inside

  • Legislature Passes Emergency Appropriation
  • Governor Directs Health Insurers To Waive Coronavirus Cost Sharing
  • Legislature Elects Members To The Board Of Regents
  • Legislature Passes Bill Mandating Seat Belt Use In Back Seat
  • DEC Agrees To Not Enforce Plastic Bag Ban Until April 1
  • Political Updates
  • Updates, Reminders, and Links
  • Coming Up

Legislature Passes Emergency Appropriation

The Legislature convened a late night session on Monday to pass an emergency appropriation to provide $40 million to combat novel coronavirus. The bill also expands the Governor’s authority to issue executive orders or directives, suspend statute, and declare a disaster for an urgent or impending threat of wide spread injury or loss of life resulting from disease outbreak. The bill takes immediate effect and expires on April 30, 2021. The Governor signed the bill into law on Tuesday morning. New York reported its first and second confirmed case of the virus this week.

Assembly Speaker Carl Heastie said:

“The appropriation we passed will help save the lives of New Yorkers. While the vast majority of people who contract the novel coronavirus do not become seriously ill, we have seen how quickly the disease can spread and just how deadly it can be. This funding will purchase lifesaving equipment and supplies, and ensure healthcare workers have the training they need to deal with this health crisis.”

Governor Directs Health Insurers To Waive Coronavirus Cost Sharing

Governor Cuomo announced a new directive by the State Department of Financial Services requiring New York health insurers to waive cost sharing associated with testing for novel coronavirus including emergency room, urgent care and office visits. The Governor also announced New Yorkers receiving Medicaid coverage will not be expected to pay a co-pay for any testing related to COVID-19.

DFS will promulgate an emergency regulation that will prohibit health insurers from imposing cost-sharing on an in-network provider office visit or urgent care center when the purpose of the visit is to be tested for COVID-19. The regulation will also prohibit health insurers from imposing cost-sharing on an emergency room visit when the purpose of the visit is to be tested for COVID-19. 

In addition to covering the cost of testing, guidance issued by DFS to health insurers regarding actions they should take in relation to the potential impact of COVID-19 on New York includes:

Keep Consumers Informed: DFS directs insurers to devote resources to inform consumers of available benefits, quickly respond to consumer inquiries, and consider revisions needed to streamline responses and benefits for consumers.

Provide Telehealth Medical Advice & Treatment: DFS directs insurers to develop robust telehealth programs with their participating providers where appropriate, particularly for individuals who may have difficulty making an office visit and where a phone call with a medical professional can alleviate the need for a hospital visit. 

Prepare Health System for Increased Cases: DFS directs insurers to verify that their provider networks are adequately prepared to handle a potential increase in the need for health care services, including offering access to out-of-network services where appropriate and required, in the event more COVID-19 cases are diagnosed in New York. In addition, DFS is reminding insurers that lifetime or annual limits cannot be placed on in-patient care.

Cover Costs if Immunization Becomes Available: In the event an immunization becomes available for COVID-19, DFS is reminding insurers that they must cover the cost of vaccination for children under 19. For adults, DFS’s guidance states that all insurers should be prepared to cover the immunization immediately at no cost-sharing.

Expand Access to Prescription Drugs: With reports of prescription drug shortages due to supply chain issues, DFS is directing insurers to provide insurance coverage for off-formulary prescription drugs if there is not a formulary drug available to treat the insured, through a formulary exceptions process as required by law.

Ensure Emergency Care: DFS reminds insurers that coverage for emergency services in hospital facilities is required at the in-network cost-sharing even if the hospital is out-of-network or overseas, and that no insurer may require a patient to seek preauthorization prior to seeking emergency care, including for ambulance service.

Surprise Medical Bills: DFS directs insurers that they are required to hold harmless insureds who receive surprise medical bills for health care services, including those related to testing and treatment of COVID-19. 

Legislature Elects Members To The Board Of Regents

This week, the legislature passed a concurrent resolution to elect one new Regent and re-elect five others. The Board of Regents is comprised of 17 members elected by the legislature for five year terms. One member is elected from each of the state’s 13 judicial districts and four members serve at-large. The legislature elected and re-elected the following Regents, full biographies can be found here:

Newly Elected

Dr. Frances Wills (Judicial District 9)

Re-Elected

Dr. Kathleen M. Cashin (Judicial District 2)

Beverly L. Ouderkirk (Judicial District 4)

Dr. Catherine Collins (Judicial District 8)

Roger Tilles (Judicial District 10)

Dr. Lester W. Young, Jr. (At-Large)

Senate Majority Leader Andrea Stewart-Cousins said:

“Our students deserve access to world class educational opportunities, and having stability and experience within the Board of Regents will help advance that goal. I congratulate Dr. Frances Wills on her election to the Board of Regents, and the five Regents who were re-elected today. The Senate Democratic Majority will continue to work with our Assembly colleagues to advance our shared goal of empowering all New York students with a high quality education.”

Legislature Passes Bill Mandating Seat Belt Use In Back Seat

Both houses of the legislature passed a bill mandating the use of seat belts for all passengers this week. Current law only requires adults in the front seat to use seat belts, while those over the age of 16 riding in the back are not similarly required. The bill will take effect on the first of November next succeeding the date on which it is signed into law by the Governor.

Bill Sponsor, Senator David Carlucci said:

“Requiring the use of a seat belt in the back seat will save lives and prevent tragedies. Numbers do not lie. If you fail to buckle up in the backseat, experts say you are 2 times more likely to be killed and 8 times more likely to be seriously injured. Thank you to AAA and all the advocates who supported this life-saving bill. Now we ask the Governor to sign this legislation into law as soon as possible.”

DEC Agrees To Not Enforce Plastic Bag Ban Until April 1

The Department of Environmental Conservation agreed this week to not enforce the plastic bag ban until April 1 upon the filing of a lawsuit by New York City bodega owners. The DEC agreed to hold off enforcement during a hearing regarding a temporary restraining order. The lawsuit filed by the bodega owners alleges the regulations issued by the DEC are not consistent with the statute. It remains to be seen if any legal challenge to the law or regulations will prevail.

Matt Seaholm, Executive Director of the American Recyclable Plastic Bag Alliance said:

“Today’s court hearing delivered a big win for New York retailers and shoppers, hitting the pause button on the pending bag ban that has caused unnecessary confusion and stress statewide. We are pleased that the DEC has finally admitted what we have long maintained: This ban is both unworkable and unenforceable. We have repeatedly asked the state to adopt a compromise that would the prevent chaos and inconvenience we are now seeing.”

Melissa DeRosa, Secretary to the Governor said:

“But the idea there wasn’t to be punitive, it’s to transform how we’re actually using the bags in shopping areas, in grocery stores, et cetera. So, they’re allowing a grace period for people to ramp up. The idea isn’t to run out on day one and start smacking people with fees. It’s an education effort. We’re trying to help people transition and do it responsibly.”

Political Updates

Rob Astorino considering run for State Senate.

 RNC sending staff and cash to New York. 

Another Republican announces run for Kolb’s seat.

Assembly Member Carrie Woerner draws two Republican challengers.

Endorsements

Mannion continues to collect labor support in Senate bid.

Updates, Reminders, and Links

City & State NY’s This Week’s Winners and Losers here.

The Buffalo News Opinion: Cuomo’s Power Grab On Energy Steamrolls Local Communities here.

Coming Up

The Public Service Commission will hold its next meeting on March 19.

JCOPE will hold its next meeting on March 24.

The Board of Regents will hold their next meeting on April 6th and 7th.