Legislative Updates
| The Riddell Group, LLC 119 Washington Ave., 2nd Flr. Albany, N.Y. 12210 Phone: (518) 434-7400/Fax: 434-0558 |
Memo
| To: | All Clients |
| From: | Glenn T. Riddell |
| Date: | 3/30/11 |
| Re: | Budget - On Time/Early |
Budget Update:
The state legislature finished passing a $132.5 billion budget which cuts overall state spending for the first time in 15 years and closes a $10 billion deficit without borrowing or adding any new broad based taxes.
As hundreds of protestors over ran the capital complaining about cuts, the legislature worked late into the night to deliver the first on time budget since 2005 and the fourth since 1983.
Governor Cuomo said "The legislature not only passed an on time budget but a historic and transformational budget for the people of the State of New York."
The approximately $132.5 billion budget will reduce spending overall by over 2 percent from the current year, eliminate 3,700 prison beds, establish regional economic development councils, bring performance finding to education, redesign Medicaid, and cap next year's education and Medicaid spending. This budget reaches its financial goals with no new taxes and no borrowing, and will also cut next year's projected budget deficit from $15 billion to about $2 billion.
Recent changes to the budget include an additional $272 million in education which includes restoration of funding for schools for the blind and deaf (4201) and summer school special education. Human services funding of $91 million was added and $86 million for higher education including SUNY hospitals, SUNY and CUNY community colleges. There are also miscellaneous program additions of $33 million including aid to localities and agriculture programs. The budget proposal requires the Office of Court Administration (OCA) to reduce its budget by $170 million to reflect a more proportionate share of the state's reductions. There were also $54 million in miscellaneous cuts. As a result, the net add spending to this budget is approximately $250 million. In addition, there are no new member items.
The 2011-2012 budget agreement contains critical components first proposed in Governor Cuomo's executive budget, including redesigning Medicaid and recalibrating the cost of state government, in part, by merging and consolidating agencies as well as curbing spending growth to sustainable and affordable levels.
This budget is a major victory for Governor Andrew Cuomo.
Lawmakers shield funds for member items in Budget Agreement:
Legislators successfully held on to two pots of pork money Gov. Andrew Cuomo had sought to divert to other uses.
The Democratic governor's proposals to shut down a cash member item account in September and to redirect legislators' authority to borrow $100 million for "capital projects" are not present in the budget agreement that was announced Sunday.
Under the budget agreement, Cuomo will direct $30 million of his own pot of capital projects funding, and will get the other $100 million by canceling plans to construct a consolidated data center. Long planned by the Office for Technology, whose director Melodie Mayberry-Stewart unceremoniously announced she is stepping down, Gov. George Pataki promised in 2006 the center would be built in Marcy at the Oneida County campus of SUNY IT. It was later promised to the Capital Region. Now it's dead.
Office of Court Administration
The office of Court Administration submitted their budget request with a $50 million reduction in funds. After Governor Cuomo remarked that the Judiciary is not putting in their fair share of cuts Chief Judge Jonathan Lippman reduced their budget by another $50 million.
That additional cut forced OCA take a hard no hiring freeze and eliminate all judicial hearing officers state wide. Unfortunately, this was still not enough of a cut, for the Governor who insisted that OCA's budget be reduced by another $70 million. This could possibly have an impact on at least 500 employees being laid off or possibly a number of courtrooms closing.
Policy reforms in the 2011-2012 budget include:
- Member Items: There are no new member items -- unlike the capital projects, these are cash appropriations doled out by officials, not borrowing -- in this year's budget, but Cuomo has backed away from a proposal to close down the member item account in September. It contains about $136 million. Governor Cuomo will not add $85 million that was scheduled, but items promised in previous years can continue to trickle out in perpetuity.
- Changing Permanent Law and Provides 2-Year Appropriations and Caps for Education and Medicaid: Education will be increased at a rate of personal income growth next year – roughly 4 percent. Medicaid will be increased at a rate tied to healthcare CPI which is roughly 4 percent. Together, these actions reduce next year's deficit from about $15 billion to about $2 billion and change decades-old practice of overspending.
- Redesigning the Medicaid System: The budget includes a global cap on State Medicaid expenditures of approximately $15 billion and implementation of the majority of recommendations by the Medicaid Redesign Team (MRT) to redesign and restructure the Medicaid program to be more efficient and get better results for patients. There are reallocations within the MRT cap that reduce some areas while targeting increases to others. Among the notable changes: the cap on medical malpractice is not included and EPIC is increased by $22 million. The MRT reduction of $2.8 billion and the overall spending cap to the state will be enforced by the Department of Health's "superpower" provision, whereby the commissioner has authority to make reductions during the year to enforce the cap.
- Creating Regional Economic Development Councils: The budget establishes 10 Regional Economic Development Councils, chaired by Lieutenant Governor Robert Duffy. These councils will create a region-based approach to allocate economic development funds to speed up the creation of jobs. They will act as one-stop shop for all State-supported economic development and business assistance programs in each region, and will be supported with $130 million in capital that is reprogrammed from existing resources.
- Creating the Recharge NY Power Program: Recharge New York will enhance and make permanent the current Power for Jobs Program that will significantly boost the state's economy by creating and maintaining hundreds of thousands of jobs. Recharge New York will improve upon the existing program by opening it to new participants and allocating a blend of stable, low-cost hydropower and market power for use by businesses that seek to grow and create jobs in New York state.
Merging of Agencies:
- Creating the Department of Financial Services: The budget merges the state's Banking and Insurance Departments into a new Department of Financial Services. No word on who will be head of this Department.
- The office of Consumer Protection will be funneled into the Department of State.
- Merger of DOCS and the NYS Division of Parole into the Department of Corrections and Community Supervision: The state will eliminate 3,700 prison beds throughout New York at the sole discretion of the administration in consultation with the Legislature.
- The New York Foundation for Science, Technology and Innovation: The state will merge NYSTAR with the Department of Economic Development creating the Division of Science, Technology and Innovation, and will ensure the completion of all projects by the NYSTAR Corporation. Any cash assets will be given to the Urban Development Corporation. This takes effect May 1st, 2011.
- Improving the Excelsior Jobs Program: As proposed in the executive budget, the budget strengthens the Excelsior Jobs Program, which was created in 2010 to provide job creation and investment tax credit incentives to businesses in targeted industries.
- UB 2020: A plan to give the University at Buffalo, and perhaps three other state university centers, more fiscal autonomy. The Governor has agreed to hold a summit with stakeholders to discuss how to make UB 2020 a reality.
- Innovative Matching Grants: Matching grants for centers of advanced technology were fully funded at last year's levels.
Health Issues:
New York's $54 billion Medicaid program accounts for 40% of the $132.5 billion state budget. It is the largest program in New York State and the most expensive Medicaid program in the Nation. Governor Andrew Cuomo empowered a Medicaid Redesign Team that was charged with identifying initiatives to reduce Medicaid spending by $2.8 billion this year and $4.6 billion next year. The MRT report was finalized and included in the Governor's budget proposals. The final budget includes the majority of the proposals advanced by the MRT.
The Governor's proposal to eliminate a physician's final say in drug treatment for patients remaining in the fee for service system was successfully restored. However, the Governor and the Assembly did not accept language advanced by the Senate to create statutory patient protections in managed care. We should continue to push on this issue during the rest of the legislative session.
Below is a brief explanation of other issues decided on:
- Tobacco Cessation: The budget included an expansion of reimbursement for tobacco cessation coverage for Medicaid recipients. This proposal goes into effect May 1st, 2011.
- OPIOIDS: OPIOIDS are limited to a four prescription fill limit every 30 days effective December 1st, 2011.
- Medicaid Therapy Limits: Speech therapy, physical therapy and occupational therapy should be limited to coverage of 20 visits per year. Such limitations should not apply to persons with developmental disabilities. Language that was forwarded from the Occupational Therapists Association to expand coverage was inadvertently left out of the budget language. We anticipate, during the "clean up" process this language will be inserted.
- Stem Cell Funding: There appears to be no cut in stem cell funding at $44.8 million dollars.
- Indemnity fund for neurologically impaired infants: A New York State indemnity fund has been created for birth related neurological injuries. $30 million with a period of April 1st 2011-March 31st 2012 will be placed in this fund. A quality contribution shall be imposed on the inpatient revenue of each general hospital that is received for the provision of inpatient obstetrical care services in an amount equivalent to 1.6% of such revenue. This fund will increase accordingly over the next two years. The executive believes a fund of this nature will help to reduce premiums for medical malpractice insurance coverage.
- Early intervention: $5.2 million to mitigate a 10% rate reduction to early intervention program now has been reduced to provide a 5% reduction.
*************************************************************************************
The following items did not make it into the budget and will be dealt with legislatively between now and close of session:
- Millionaires Tax: As the Governor stood firm on his pledge of no new taxes in this budget, the Assembly Democratic majority insisted on extending the millionaires tax for people who make $1 million or more. This millionaire's tax was inserted in the Assembly budget resolution generating over $800 million in this year's budget and $3.5 billion in next year's budget. Governor Cuomo and Senator Skelos stayed committed to no new taxes. However, three Republican senators believe this issue should be seriously looked at as the current law does not expire until December 31st, 2011.
- Property Tax Cap: The Republican-led Senate has passed Cuomo's property tax cap which would be at two percent or the rate of inflation, whichever is lower. The Democratic-led Assembly has not. Some legislators say they are concerned that the state must relieve costly mandates on local governments and school districts before a property tax cap goes forward.
- Rent Regulations: Tenant advocates are pushing for the Legislature to not only extend the rent regulations but strengthen them by raising the rent at which apartments can be deregulated. Speaker Sheldon Silver has introduced a bill that would make it more difficult for landlords to raise rents, lower the allowable increases following renovations and increase the rent ceiling for stabilized apartments. These regulations sunset on June 15th.
- 421A Tax Incentive: This incentive benefits New York City developers and will most likely be coupled with rent regulations.
- Redistricting: Senate Majority Leader Dean Skelos, R-Nassau County, responded to Gov. Andrew Cuomo's independent redistricting proposal saying it's important but not the top priority right now.
Skelos has been under fire from Democrats for wavering recently on redistricting reform after Senate Republicans boastfully signed Ed Koch's pledge last year to agree to independent redistricting. - Mandate Relief: Local governments are seeking relief, specifically in regards to pension reform, employee health benefits and reforming antiquated and redundant Civil Service rules
