Dear Friends:
I hope you and your family have weathered the recent snow storms well.
This week, as part of an Emergency Storm Response legislative package, the New York State Senate passed my bill to strengthen the Public Service Commission's (PSC) enforcement powers surrounding failures of utility providers in storm recovery efforts. The failed storm response to Tropical Storm Isaias during the summer of 2020 was a turning point for legislative colleagues and constituents. We promised we would deliver meaningful change that would lead to better outcomes for ratepayers & customers, and we have now adopted a comprehensive package of legislation to do just that. Read more about the bills included in the Emergency Storm Response legislative package in the section below.
On Monday, February 22nd, I was pleased to support a package of critical legislation to improve care for our most vulnerable and to strengthen New York’s oversight and enforcement activity over nursing homes and other adult care facilities. Included in this package are bills that ensure at least 70% of a nursing home facility’s revenue is spent on direct patient care; require the development of visitation policies that permit loved ones to visit under certain difficult circumstances; strengthen the Ombudsman program to assist families seeking answers about the care of their loved ones; and require that deaths by nursing home residents at hospitals are recorded to reflect their nursing home address, among other measures. My colleagues and I are committed to protecting our vulnerable seniors in every way possible, and I am so pleased that this package is moving towards enactment. Read more about the bills included in this legislative package in the section below.
On Wednesday, February 24th, I was glad to join Majority Leader Andrea Stewart-Cousins in co-hosting an event commemorating Black History Month regarding Reaching Health Equity in the Black community. Thank you to the fantastic panelists who shared their research and personal stories about how we can remove barriers and create opportunities to dismantle health disparities. If you were not able to join us, click here to watch this important discussion.
As always, if there is anything my office can assist you with, please don't hesitate to email me at smayer@nysenate.gov or call (914) 934-5250.
Warm regards,
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Shelley B. Mayer
State Senator
37th District
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Vaccine Distribution & Eligibility Information
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As of Friday, February 26th, 2.6 million New Yorkers have received at least one vaccine dose, and 1.4 million have received both doses. Click here to track the status of the state's vaccine distribution.
A new mass vaccination site began accepting appointments this week at the National Guard Armory in downtown Yonkers. The site has the capacity to administer 1,000 doses per day. In its first week, only residents from the following Zip Codes are eligible to schedule an appointment at this location: 10705, 10701, 10550, 10553, 10704, 10703, 10552. Those who are eligible can book an appointment though the state website here or by calling the New York State COVID-19 Vaccination Hotline at 1-833-NYS-4-VAX (1-833-697-4829). Flyers in English and Spanish are available to let neighbors & friends know about the site.
The Westchester County Department of Senior Programs & Services has released an updated guide for seniors about how to find an appointment and register. Click here for the guide for seniors.
An updated list of non-state-run vaccine providers in Westchester County is available here. Supply is limited and each site has its own protocols for signing up or registering for a waitlist. Please continue to be patient and check back as often as possible for any new openings. Click here for the Westchester County COVID-19 Dashboard to track positive COVID-19 cases throughout the county. The mobile friendly version of the dashboard is available here.
New Yorkers can use the Am I Eligible to determine if they are eligible and make an appointment at a New York State-run vaccination site. Please check back daily for new appointments. The hotline number to call is 1-833-NYS-4-VAX (1-833-697-4829). If you have made an appointment for the vaccine, please fill out the New York State COVID-19 Vaccine Form, available here, and bring it with you to your appointment.
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Legislation to Strengthen Emergency Storm Response
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Click here to watch Sen. Mayer's floor remarks regarding her bill to strengthen utility oversight.
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Storm after storm, utility providers have failed to prepare, respond and communicate sufficiently with customers in the wake of damaging weather events. In the summer of 2020, Tropical Storm Isaias left thousands of constituents without power for well over a week. The situation was made all the more difficult with the need to stay home and social distance during the pandemic. Despite tremendous hardship endured by residents in the wake of disastrous storms, the consequences faced by utilities continue to be treated as just a 'cost of doing business,' and there is little change to enhance service for customers. In the wake of Tropical Storm Isaias, my office worked with numerous constituents to assist them with their challenges and circumstances. I promised my constituents that I would press for meaningful changes that would result in enhanced service.
On Tuesday, February 23rd, the Senate adopted my bill, S.4960, to remove restrictions on the Public Service Commission's ability to penalize utility company violations and enhance oversight of utilities to ensure improved storm planning and response.
S.4960 includes provisions to:
- Remove the statutory limit on penalties allowing the PSC flexibility to administer stiffer penalties to incentivize better storm response;
- Restructure the processes by which the PSC determines a penalty, including by instituting a list of factors for consideration such as the scope of damages caused by the violation to individuals & businesses; whether the violation was recurring, or had been the subject of a previous finding of violation by the PSC; and the degree of preparation for a storm for which there was advance warning or notice, including whether the company made sufficient use of mutual aid resources;
- Remove the ability of utilities to argue that they “reasonably” complied with the law and therefore should not be penalized;
- Apply this new system for determining penalties to other state-regulated utilities (water, gas, steam, telephone, and cable); and
- Require cable and phone companies to be subject to the same requirements as combination gas and electric companies in terms of submitting thorough emergency response plans to the PSC for approval. Among a variety of other detailed specifications, these plans must include enhanced communication with local municipal officials and customers, and allow the PSC to penalize these companies for noncompliance with their emergency response plan during a storm event.
Click here to read about the other bills included in the Emergency Storm Response legislative package. We will continue to monitor utility storm response and look for additional areas of improvement.
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Legislation to Improve Oversight & Care at Nursing Homes
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Our need to improve care for our most vulnerable was brought into sharp focus during the pandemic when our loved ones were virtually defenseless against the virus's fury. This week, I was pleased to join the Senate Majority Conference in adopting a legislative package to improve care and strengthen New York's oversight & enforcement activity over nursing homes and other adult care facilities.
Legislative package to improve oversight & care at nursing homes:
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Patient Care Ratio Reporting (S.4336A, Rivera): Directs the Commissioner of Health to establish a "Direct Patient Care Ratio" that would require all nursing homes to spend at least 70% of a facility's revenue on direct patient care.
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Publication of Nursing Home Ratings (S.553, Sanders): Requires that the most recent Center for Medicare and Medicaid Services (CMS) rating of every nursing home be prominently displayed on the home page of the Department of Health's website and at each nursing home facility's website and displayed at the facility for view by the general public.
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Reimagining Long-Term Care Task Force (S.598B, May): Enacts the “Reimagining Long-Term Care Task Force” to create a task force studying the state of both home-based and facility-based long-term care services in the state, and to make recommendations on potential models of improvement to long-term care services for older New Yorkers.
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Long-Term Care Ombudsman Program Reform Act (S.612A, May): Creates "The Long-term Care Ombudsman Program Reform Act" by expanding the current program to be more accessible and available to seniors and their families, while promoting the volunteer advocate program, and improve interactions between DOH and the Ombudsman program regarding complaints.
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Allowing Compassionate Care-Giving Visitors (S.614B, May): Creates a standardized program to allow personal care and compassionate care visitors at nursing homes.
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Infection Inspection Audit (S.1783, Skoufis): Directs the Department of Health to establish and implement an infection control inspection audit and checklist for residential care facilities.
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Quality Assurance Committees (S.1784A, Skoufis): Requires adult care facilities to include "quality assurance committees" in their quality assurance plans
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Requirements for Transfer, Discharge and Voluntary Discharge (S.3058, Rivera): Creates requirements for the transfer, discharge and voluntary discharge of residents from residential healthcare facilities
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Standards for Ownership of Nursing Homes (S.4893, Rivera): Requires more review of ownership of nursing homes through the certificate of need process - including consideration of past violations at other facilities by owners - and requires more notice to the public during the CON process.
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Department of Health Death Records (S.3061A, Rivera): Requires the Department of Health to record COVID-19 deaths of nursing home residents that died in hospitals to be recorded as a "nursing home" death and require the Department of Health to update and share data it receives with hospitals and nursing homes on communicable diseases.
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Transparency of Violations (S.3185, Skoufis): Requires residential health care facilities to disclose in writing to potential residents and their family members the website where a list of violations and other actions taken against the facility can be found.
Patients, their families, and their caregivers, need an improved system that demands prioritizing patient care, and recognizes the need for sufficient staff ratios to address patient needs.
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Nursing Home Visitations
- On Monday, February 22nd, the NYS Department of Health released updated guidance on nursing home visitation following Governor Andrew Cuomo's announcement that visitation would be allowed to resume in accordance with federal rules beginning on Friday, February 26th. Visitation will only be permitted when a facility has been free of COVID-19 for 14 days and through the use of rapid testing for visitors. Click here to read more.
Relaxation of Restrictions on Accommodations & Gatherings
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Movie Theaters: Movie theaters in New York City will be permitted to reopen on Friday, March 5th, at 25% capacity and a cap of 50 people per screen. All theaters will be required to use assigned seating to maintain social distancing. Additional staffing, air quality measures, and mask-wearing (except when eating/drinking) will all be required. Movie theaters in the rest of the state were already permitted to reopen with the same restrictions.
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Billiard and Pool Halls: Billiard and pool halls will be permitted to operate beginning on Friday, March 5th at 50% capacity outside of New York City and at 35% in New York City. Masks will be required at all times except when players are seated and eating or drinking. Establishments will be required to disinfect equipment between uses.
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Weddings and Catered Events: Beginning on Monday, March 15th, gathering venues will be permitted to operate at 50% capacity with a cap of 150 people per event. All persons attending events at gathering venues must be tested for COVID-19 in advance of the event. Sign-in protocols for contact tracing will be required, and a mask mandate will apply except when seated and eating or drinking. Click here to check on the latest updates.
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Reaching Health Equity in the Black Community
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On Wednesday, February 24th, I was pleased to join Majority Leader Andrea Stewart-Cousins in co-hosting an event commemorating Black History Month regarding health disparities in the Black community. The conversation centered on the history of health inequalities in the Black community, the disparities faced today, and actions that we need to take to reach health equity. The panelists included Dr. Mill Etienne, Vice Chancellor for Diversity & Inclusion at New York Medical College; Dr. Chris T. Pernell, Public Health Physician, Newark, NJ; and Susan Moscou, Associate Professor of Nursing at Mercy College. If you were not able to watch the conversation live, the recording is available to watch here.
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Meeting with the Eastchester PTA
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On Thursday, February 25th, I co-hosted a meeting with Assemblymember Amy Paulin, the Eastchester PTA Council, Eastchester parents, and Eastchester School District Superintendent Dr. Robert Glass. Thank you to the over 100 parents, teachers and other stakeholders who joined us for a substantive discussion of state funding, plans to ensure teachers & other school staff receive access to vaccinations, and how we can effectively move towards more in person instruction.
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SUNY to Eliminate Application Fees for Low-Income Students Applying to SUNY Campuses
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State University of New York (SUNY) Chancellor Jim Malatras announced this week the elimination of application fees for high school seniors from low-income households applying to SUNY campuses. To qualify for the application fee waiver, high school seniors must be eligible for free or reduced-price lunch programs; the family's household income must not exceed 185 percent of the federal poverty guidelines; or the high school senior must be in foster care. Students are eligible to apply to up to seven SUNY campuses without needing to pay the application fee, saving up to $350 in application fees per student. Find out more here.
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Tenants & Homeowners Facing Financial Hardship Reminded to Submit Hardship Declaration Forms
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I want to remind tenants and homeowners that the stay on eviction and foreclosure proceedings put in place by the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 expires on February 26th (for evictions) and on February 27th (for foreclosures). Tenants or homeowners facing hardship should complete the hardship declaration, and submit it to the court, or to their landlord or mortgage holder, to request a further stay of proceedings until May 1, 2021. More information on the law, and copies of the hardship declaration forms in several languages, can be found on the New York Courts website here.
The specific rights and responsibilities of landlords and tenants under the law are outlined in the Chief Administrative Judge's memorandum from December 30, 2020, linked here; the Chief Administrative Judges' guidance on foreclosure proceedings can be found here.
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222 Grace Church Street, Suite 300
Port Chester, NY 10573
Phone: (914) 934-5250 --- Email: SMayer@nysenate.gov
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