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Joint Meeting Governor's Advisory Committee on Aging
Aging Services Advisory Committee Wednesday, May 5, 2009(1:30pm to 4:30pm) State Capital, Albany, New York

I. Call to order and attendance

In attendance:

Governor's Advisory Committee Aging Services Advisory Committee
Irv Appel Priscilla Bassett
Sr. Joan Byrne Elizabeth Bird
James Chang Sharon Boyd
Michael Conners, Esq. Peg Corbett
Joan Cooney William Dionne
Loretta Donlon Carlton Doane
Roxanne Given Dr. Linda Leest
Cheryl Loria-Dinolfo, Esq. George Pettengill
Richard Menapace Terry Russ
Lani Sanjek Clifford Whitman
Dr. Cecilia Sanz  
Nelsa Selover  
Irene Stein  
Doris Welch  

NYSOFA Staff
Michael Burgess, Director
Thea Griffin, Long Term Care Reform Bureau
Marcus Harazin, Deputy Director, Division of Community Services
Andrea Hoffman, Bureau of Long Term Care Services & Caregiver Supports
Karen Iovino, Aging Services Program Analyst
Gail Koser, Assistant Director, Policy, Research and Legislative Affairs
Sandy Longworth, Federal Relations Unit
Jack Lynch, Deputy Director, Finance and Administration
Gary Malys, Assistant Director, Division of Community Services
Cyndy Marshall, Bureau of Community Improvement Initiatives
Reza Mizbani, Public Information Officer
Mark Miller, State Ombudsman
Gary Malys, Assistant Director, Division of Community Services
Gail Myers, Special Assistant
Greg Olsen, Deputy Director, Policy, Research and Legislative Affairs
Jody Signoracci, Director of Constituency Services
Stephen Syzdek, Senior Attorney
Laurie Pferr, Executive Deputy Director
Willie Ross, Diversity & Minority Outreach Unit

Guests
Florence Patterson

Lani Sanjek, Chair of the Governor's Advisory Committee and Linda Leest, Chair of the Aging Services Advisory Committee co-chaired the meeting. The meeting was called to order at 1:30PM and members, staff and guests were welcomed.

II. Minutes
The minutes of the November 12, 2008 meeting were approved as drafted.

III. Director's Comments
State Budget - Director Michael Burgess discussed the state budget process, and referred to a chart reflecting the state fiscal year 2009-2010 enacted budget. The chart included deficit reduction program actions and federal appropriations. Director Burgess noted that the infusion of federal funds from the American Recovery and Reinvestment Act helped offset some reductions that would have been necessary to balance the budget due to the dire fiscal climate. He reported that there were no across the board cuts and that core service funding levels had been preserved. Additionally, the community empowerment project will go forward to enhance efforts to support aging in place.

Jack Lynch reviewed the budget chart. Joint Advisory Committee members asked about the reduction in funding for transportation services. While it is recognized that transportation is an important service, the Executive Budget included funding in the same amount as was previously proposed by the Governor. In FY 2008-2009, the Legislature added funds to this item. The Executive did not include the Legislative addition in the proposed Executive Budget for FY 2009-2010. In this case, the Legislature did not include the additional funds in the final budget. There were additional funds appropriated by the Legislature for the state's supplemental nutritional assistance program, EISEP and CSE.

The Joint Advisory Committee members thanked Director Burgess for his leadership in preserving funding for essential services.

National Governor's Association Technical Assistance for Volunteerism and Mature Worker Issues - Director Burgess reported that the Core Team and subcommittees have met frequently. On April 16, the Core Team again met with staff from the NGA Center for Best Practices who facilitated the development of a revised work plan. A copy of the working plan was included in the Joint Advisory Committee meeting packet. The new federal Kennedy Serve America Act was highlighted during the NGA meeting and Director Burgess reviewed the Act for the Advisory Committee members. The Act will provide incentives for enhanced civic engagement, including tripling AmeriCorps slots, increasing the hourly stipend, lowering the age for participating in some senior programs and creating 10 Encore Fellowships in each state. Information will be shared with members when details are available so that members can help with recruitment efforts.

Community Empowerment - NYSOFA received over 70 applications for Community Empowerment funds. Staff will be scoring these competitively awarded grants with announcement of the awards expected for early Summer. After the awards are made, NYSOFA will plan to provide technical assistance in communities that do not have an active community empowerment planning process.

IV. General Counsel Update

Stephen Syzdek reported on the process for regulatory changes to the EISEP (Expanded In-Home Services for the Elderly Program) regulations to integrate consumer directed services. He walked Committee members through documents describing the proposed changes. Efforts have been made to align the regulations where appropriate with Department of Health regulations, such as those that relate to criminal background checks for home services agency personnel and other similar qualifications.

Advisory Committee members raised issues related to teaching consumers to manage services and staff, need for training AAA staff as well as consumers regarding recordkeeping and other issues, and provision of oversight to make sure the consumer directed program is working and consumers are not being victimized. It was noted that use of the consumer directed model may be a solution to cultural and language barriers currently impacting home delivered care to some.

The Advisory Committee members adopted a motion to recommend to the Director the general direction of these changes related to consumer directed services. This conceptual approval would be ratified after a week has passed, allowing members to continue to review the proposed regulatory changes and respond via negative vote only if they wished to change the recommendation.

V. Advisory Input to NYSOFA Initiatives
Prevention Institute

Ms. Cooney attended the Prevention Institute and prepared a thorough memo summarizing the meeting, which she highlighted for Committee members. Members agreed with her conclusion that it is important to have aging service providers help spread the message about prevention benefits rather than have outreach done only by medical providers. Director Burgess noted the possible opportunity that federal stimulus funds for prevention may provide some revenue to expand evidence based interventions. Gary Malys reported that he has been meeting with the NYS Office of the American Cancer Society and the state Department of Health to foster collaboration on a radio campaign that could focus on colorectal and breast cancer screening. He also reported that CMMS staff attending the Prevention Institute committed to look at utilization data in geographic regions smaller than the county data sets currently available in order to help target outreach. Mr. Malys also identified that work will continue to look for resources and partners to help replicate evidence based programs.

Senior Citizens' Day
Members received additional information on the day's schedule and agreed to coordinate plans to participate.

VI. Council Member Reports on Local Issues
Ms. Stein and Ms. Selover raised concerns regarding implementation plans for the Long Term Care Assessment Centers, adopted in the state budget, noting that some upstate counties have expressed concerns that there could be a potential negative impact on current long term care reform projects under NYConnects. Ms. Pferr responded that budget language did not stipulate which upstate area would participate and she understood that would be determined via an RFP. The state Department of Health will be administering the implementation and has invited the state Office for the Aging to participate in a dialog regarding implementation. Ms. Sanjek noted that it is important for the Advisory Committee to promote the role of the aging network in long term care reform discussions, reflecting on the expertise of the network in access to community-based long term care services.

Mr. Dionne and Dr. Leest reported that additional budget cuts are anticipated in New York City, further straining already depleted services. Concerns were raised on how to include the important prevention agenda when resources are stretched to deliver current services.

Mr. Chang noted that pressures of the economy will mean that federal funds will not always be available to bail out state budget gaps. He suggested the exploration of alternative financial resources for aging services. Director Burgess explained the concept of time banking that has been used to recruit and retain volunteers who provide a range of community services. Ms. Sanjek noted that barter systems are complementary to community empowerment strategies. She stressed the importance of advocacy and the opportunity for positive change that can be achieved if the large number of the baby boomer generation was organized to affect the decisions that get made.

Mr. Pettengill distributed a memo urging Committee members to advocate with Congress members for a continuation of the federal pension law related to veterans. Additionally, he urged advocacy for federal legislation requiring nursing homes to maintain service records for veterans and their dependents that will ensure that eligible parties receive the $90/month pension income to which they are entitled. Ms. Selover concurred and urged that the Personal Needs Allowance for all eligible residents by increased to $90/month. Ms. Bassett urged Committee members to support efforts to achieve universal health care and recommended a single payer program such as Medicare for All.

Ms. Boyd shared a report that US Senator Gillibrand has developed a three point plan to address aging services, with emphasis on workforce, elder abuse and resources for family caregivers.

Ms. Boyd also encouraged Committee members to watch a free upcoming HBO cable broadcast on Alzheimer's issues.

VII. Miscellaneous Information Items
There was no need for further discussion on the items shared for information purposes, except for discussion of the federal legislative agenda.

  1. State and Federal Legislation
    Director Burgess mentioned that on a visit to Rockland County he learned that there is a problem getting the Shingles vaccine under Medicare reimbursement. He has discovered this is a problem throughout the state. One resolution is to change the reimbursement for the vaccine from Part D to Part B, and federal legislation (HR1038) has been introduced to make this change in Medicare reimbursement. The bill is now part of NYSOFA's federal agenda. Mr. Menapace informed members that physicians can order an antibody test to determine the need for the vaccine.
    Ms. Sanjek was pleased to note that an increase to the SSI benefit was included in the agency's federal agenda.
  2. Help Line Report
  3. Family Caregiver Council
  4. Long Term Care Advisory Committees
  5. Naturally Occurring Retirement Community Advisory Committee
  6. NYSOFA Most Integrated Setting Implementation Plan

VIII. Future Meetings
The meeting was adjourned at 4:20 PM. The Advisory Committees will plan to continue to meet in joint session. The next meeting will be held in Albany on November 10, 2009.