Review of New York's 2009 Legislative Session

New York's Year
by Peter Slocum
Vice President of Advocacy

American Cancer Society staff and volunteers  took  aim at key budget and policy goals in Albany this year, looking to protect existing programs and break new ground in the fight against cancer.  The new Democratic  majority controlling the state Senate promised action on a number of issues.

We had mixed success.

The state's worsening budget crisis dragged down the appropriations for worthy programs across the board, including some devoted to fighting cancer.

Then, the chaotic Senate leadership battle that paralyzed Albany for virtually the whole month of June prevented, or at least delayed, passage of a number of proposals.  

Here is a brief summary of significant developments.

Also, we expect the Governor to announce new state deficit projections, and firm up his plans to call the Legislature back to Albany to decide on further cuts.  This may mean threats to some cancer programs, and we will be reaching out to volunteers to help make sure lawmakers know what is at stake.

BUDGET
Cancer Screening --  This program offers free breast, cervical and colon screening to uninsured and under-insured New Yorkers.   New York has long been one of the most generous states in the country when it comes to supplementing federal dollars with state money.  This year, however, state spending was capped at an absolute limit of $20.7 million, which will mean about $8 million less for these programs spread around the state.  Many programs are now turning women away, rationing screenings, and losing providers.  Large counties in and around New York City are particularly hard hit, with some areas able to screening only a third of those who were helped last year.  Along with a coalition of other groups, we are continuing to fight to defend these programs.

Tobacco Control Program -- Faced with a multi-billion dollar budget deficit, the Legislature and Governor chopped $8 million from this highly effective statewide effort to help smokers quit and keep young people from starting.  The program was once funded at $85 million, and is now down to $68 million.  Program managers are maintaining community-based programs, but there will be fewer antismoking messages in the media and distribution of nicotine patches is being cut back.

POLICY

Access to Care for the Working Poor -- A major part of the ACS agenda at the state and national level is to make affordable, quality insurance available to everyone.  One significant success was getting the Legislature to expand the Family Health Plus program for working adults to 200% of the Federal Poverty Level (which amounts to $22,000 for a single person).  If the federal government approves, this can offer very solid insurance to  tens of thousands of working New Yorkers who cannot afford private insurance on their own.
Also, the Legislature eliminated a number of bureaucratic barriers that keep people off public insurance, such as requirements for fingerprinting, face-to-face interviews and asset documentation.  Requiring all that paper work every year always knocks thousands of people and families off the insurance rolls.

Young Adult Insurance (Bill No. A6030/A9036)-- Upwards of 800,000 New Yorkers between the ages of 19 and 29 don't have health insurance, because they can't afford individual coverage and/or they work in jobs that don't offer coverage.  This legislation offers a partial solution, by allowing young people to continue on a parent's family plan until the age of 29.  The family will have to pay the full cost, but it will still be approximately half the cost of an individual policy.  Almost one-third of uninsured New Yorkers fall in this age group.

COBRA Extension (Bill No. A8400/S5471) -- With an estimated 10,000 New Yorkers losing their jobs every month in the recession, keeping hold of a family's health insurance can be a big problem.  This is especially true for people with an existing diagnosis of cancer or other serious condition, because the pre-existing condition discrimination practice makes it very hard to get new insurance.  This bill allows laid off workers to keep their old insurance for up to three years, instead of the standard 18 months.  This can be very expensive, but sometimes it is the only alternative.

Calorie Posting -- The Assembly passed a strong bill that would require all chain restaurants with at least 15 outlets nationwide to post calories for common food and drink items.  This will give customers a chance to know -- at the point of purchase -- the calorie content of food they are ordering.  The Senate did not take up this bill, which builds on laws already passed in NYC, and in Westchester, Suffolk and Ulster counties, with strong support from ACS volunteers.  Other states have passed similar laws, and ACS will keep pressing, along with partners in the Heart and Diabetes associations, among other allies, for a statewide law in NYS.

Junk Food in Schools -- Although Gov. Paterson made a junk food ban one of his primary anti-obesity priorities, this proposal was scuttled once again by opponents who fear that switching to a healthier menu will cost school districts too much extra money.  Of course, many schools around the state are already finding ways to serve healthier meals and get rid of the junk food, without raising costs, and parents are exercising significant grassroots power at the local level.

Family Health Care Decisions  -- This bill will  make it clear that family members and significant others can make medical decisions for an incapacitated patient when there is no signed Proxy or Living Will.  Legally, until this bill becomes law, a son or daughter can't even decide to sign their dying cancer patient parent up for Hospice, without express advance directions.  Obviously, the current law is widely ignored, but this finally (after about 20 years of trying) will bring common sense and family  values into the medical setting.  The Senate passed this just before adjourning in July, and the Assembly will hopefully give final, final passage later this year.  Gov. Paterson supports it.
ACS was a big part of the coalition effort to get this done, and it is critically important to many  volunteers and caregivers.