GOVERNOR’S 11^TH STATE OF THE STATE

Governor Pataki gave his 11^th State of the State Address today, in which he announced only vague concepts to be explained in more detail when he releases his Executive Budget in a few weeks.  His remarks included, of course, Medicaid reform, where he proposed to include a cap on the counties share of spending; the counties want a 2003 cap.  In a pre-Address interview the Governor proposed that counties share a portion of their sales tax, something legislators are not likely to adopt.  Pataki’s plan would be accompanied by proposed cuts in certain Medicaid payments to providers, which include hospitals and nursing homes. The specifics of those cuts are unclear.  He also highlighted a new proposal to address the Olmstead decision, called Access to Home, which will be a program to help families make the home improvements needed to accommodate the needs of an elderly or disabled person.  The only other concept of interest to our agencies was his announcement of renewed support for newborn screening.  In other areas Pataki called for budget and governmental reforms, some that have been mentioned before but never enacted, but perhaps with the increased attention these reforms will take place this year.  Read Governor Pataki's  State of the State Address online at
http://www.state.ny.us/sos2005/sos05text.html

STATE’S HIGHEST COURT RULES IN GOVERNOR’S FAVOR

The Governor’s Executive Budget, which could be released as early as January 18, 2005, has gained enormous political clout with the recent NYS Court of Appeals decision.  The State’s highest court ruled that the power to make budgets rests decisively with the Governor, and that the Legislature's main budget-making power rests in its ability to stall the passage of budgets it does not like in an effort to win concessions through negotiations.  The only power the Legislature holds, the court found, is its right to delete or reduce expenditures on items in the Governor's Executive Budget, to add new items of spending on separate lines that are then subject to the Governor's line-item veto, or to refuse to pass the budget.  This also doesn’t bode well for New Yorkers since the State Budget has been late for the last 20 years, and now that delays are the only weapon State Legislators legally have, we can expect another late budget for 2005-06.  Read the NYS Appeals Court decision online:
PDF 160kb ( http://www.nycourts.gov/ctapps/decisions/dec04/171-172opn04.pdf)

MEDICAID, MEDICAID, MEDICAID!

Wherever you look Medicaid reform is the hot issue, both Federally and in New York.  Many recent articles highlight this trend.  Most recently, the National Governor’s Association sent a letter to Congress agreeing on the need for Medicaid reform but vociferously defending the amounts they receive.  They will not be so quick to accept ideas such as the 2003 carrot and stick plan to cap allocations and provide short-term incentives.  Counties in New York continue to press the Governor and Legislature for Medicaid reform, and as noted above the Governor is planning such reforms.  The Federal government is beginning to take notice of states that devise unique ways of utilizing Medicaid.  Please visit the NYSACRA website at www.nysacra.org or Click Here for links to the many recent articles.

JOIN THE NYSACRA FORUM ON OVERTIME ISSUES

All agencies have to cope with overtime, please share your insights or gain from the wisdom of others as you review the new NYSACRA OverTime Solutions Forum at www.nysacra.org.  Click on Forums and scroll to the Workforce category and find the “OverTime Solutions” forum or use the link in the email or online version of this News & Views.  Go to OverTime Solutions Forum Now!