TUESDAY, FEBRUARY 11, 2020 1:50 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
THE REVEREND CARBONE WILL OFFER A PRAYER.
REVEREND CASEY CARBONE: WOULD YOU
PLEASE JOIN ME IN AN INVOCATION. O DIVINE WHO GRANTS US WISDOM,
UNDERSTANDING, COMPASSION AND LOVE, INSTILL IN ALL THOSE GATHERED HERE
A SENSE OF JUSTICE AND MERCY THAT ALLOWS ALL PEOPLE HERE IN THE STATE OF
NEW YORK THE RIGHT TO LIVE FREELY AND WITHOUT FEAR OF BEING TARGETED
BECAUSE OF THEIR RACE, GENDER OR SEXUAL IDENTITY, ECONOMIC STATUS OR
BELIEFS. IN THIS WORK OF BUILDING COMMUNITIES BASED ON TRUST AND
EQUALITY, LET US NEVER FORGET THE MANY HANDS AND HOURS AND COUNTLESS
OTHERS WHO WORK BEHIND THE SCENES TO TURN OUR DREAMS AND VISIONS INTO
A SHARED REALITY ROOTED IN A DESIRE TO LOVE AND CARE FOR ALL OUR
1
NYS ASSEMBLY FEBRUARY 11, 2020
NEIGHBORS.
AS THOSE GATHERED HERE BEGIN ANOTHER LEGISLATIVE
SESSION, ALLOW THEM TO BE GUIDED BY A SPIRIT OF COLLEGIALITY, FAIRNESS
AND A BELIEF THAT TOGETHER WE CAN ACCOMPLISH SO MUCH MORE THAN WE
GO ALONE, FOR WE KNOW ALL TOO WELL THESE ARE CHALLENGING TIMES IN
WHICH WE LIVE. AND MAY WE RESIST THE FORCES THAT SEEK TO USE FEAR AND
HATE TO DIVIDE US RATHER THAN UNITING US IN OUR SIMILARITIES. SO, LET OUR
SIMILARITIES BE THE WELLSPRING FROM WHERE WE FIND OUR STRENGTH,
WHETHER IT BE OUR FAMILIES, OUR FRIENDS, OUR LOVE AND OUR DESIRE TO PASS
ON TO THE NEXT GENERATION A BETTER WORLD. WE ASK YOUR BLESSING UPON
THIS ASSEMBLY AND BY YOUR POWER, GRANT THEM THE COURAGE AND
STRENGTH TO PERSEVERE IN THE SHARED WORK OF SERVING THE PEOPLE OF THIS
STATE. AND MAY WE SEEK YOUR GUIDANCE TODAY AND EVERY DAY THAT IS TO
COME AS WE JOIN HAND IN HAND IN THIS VOCATION, THIS HIGH CALLING OF
CREATING A FELLOWSHIP OF DIVERSE PEOPLE, A NEW YORK THAT IS EVER
UPWARD. AMEN.
MEMBERS: AMEN.
ACTING SPEAKER AUBRY: VISITORS ARE INVITED
TO JOIN THE MEMBERS IN THE PLEDGE OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF MONDAY, FEBRUARY 10TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
2
NYS ASSEMBLY FEBRUARY 11, 2020
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, FEBRUARY
THE 10TH AND ASK THAT SAME THE STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. FOR MEMBERS, COLLEAGUES AND GUESTS THAT ARE IN THE
CHAMBERS, WE'D LIKE TO SHARE WITH YOU OUR QUOTE FOR TODAY, WHICH IS
FROM BOOKER T. WASHINGTON WHO WAS AN AMERICAN EDUCATOR, AUTHOR
AND ADVISOR TO MULTIPLE PRESIDENTS OF THE UNITED STATES FROM --
BETWEEN 1890 AND 1915. MR. WASHINGTON IS SHARING WITH US TODAY:
SUCCESS IS TO BE MEASURED NOT SO MUCH BY THE POSITION THAT ONE HAS
REACHED IN LIFE, BUT [SIC] BY THE OBSTACLES WHICH HE OR SHE [SIC] HAS
OVERCOME TO [SIC] SUCCEED. AGAIN, MR. SPEAKER, FROM BOOKER T.
WASHINGTON.
MEMBERS DO HAVE ON THEIR DESK A MAIN CALENDAR, AS
WELL AS A DEBATE LIST, A MUCH ANTICIPATED DEBATE LIST. AFTER ANY
INTRODUCTIONS AND/OR HOUSEKEEPING, WE WILL CONTINUE TO CONSENT FROM
OUR MAIN CALENDAR, BEGINNING WITH CALENDAR NO. 274 WHICH IS ON PAGE
46, AND WE WILL ALSO TAKE UP BILLS FROM THE DEBATE LIST, AS WELL AS THE
MAIN CALENDAR. THERE WILL BE A NEED FOR A MAJORITY CONFERENCE
IMMEDIATELY FOLLOWING SESSION AND, OF COURSE, WE WILL CHECK WITH OUR
COLLEAGUES ON THE OTHER SIDE OF THE AISLE TO DETERMINE WHAT THEIR NEEDS
ARE.
THAT'S THE GENERAL OUTLINE, MR. SPEAKER. IF THERE ARE
3
NYS ASSEMBLY FEBRUARY 11, 2020
ANY INTRODUCTIONS AND/OR HOUSEKEEPING, NOW WOULD BE AN AWESOME
TIME.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
MR. BYRNE FOR A [SIC] INTRODUCTION.
MR. BYRNE: THANK YOU, MR. SPEAKER. IT IS MY
HONOR AND PRIVILEGE TO RISE THIS AFTERNOON TO INTRODUCE THE REVEREND
CASEY CARBONE FROM THE FIRST PRESBYTERIAN CHURCH OF MAHOPAC.
CASEY IS A GRADUATE OF PRINCETON THEOLOGICAL SEMINARY. BORN IN
SOUTH KOREA NOW LIVING IN MAHOPAC, HE GRADUATED FROM CALVIN
COLLEGE IN MAY 2014 WITH A B.A. IN RELIGION AND MINOR
CONCENTRATION IN YOUTH MINISTRY. HE IS PASSIONATE ABOUT INTERSECTION
OF LIFE AND FAITH AND THE INTEGRATION OF ACADEMICS INTO THE PRACTICES OF
THE CHURCH. HE HAS BEEN INSTRUMENTAL IN OUR COMMUNITY WORKING WITH
THE INTERFAITH COMMUNITY, HOSTING THINGS WITH OUR CHURCH IN MAHOPAC
WITH THE TEMPLE -- LOCAL TEMPLE, FOLK FESTIVAL, MAKING SURE THAT WE CAN
WORSHIP IN PRAYER IN PEACE AND DO IT TOGETHER IN A COLLABORATIVE WAY.
WE'RE -- WE'RE JUST VERY, VERY FORTUNATE TO HAVE HIM IN MAHOPAC AND IN
NEW YORK STATE AND, MR. SPEAKER, IF YOU COULD, PLEASE EXTEND THE
CORDIALITIES OF THE HOUSE, I WOULD BE GRATEFUL.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF ASSEMBLYMEMBER BYRNE, THE SPEAKER AND ALL THE MEMBERS,
REVEREND, WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY,
EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK YOU SO MUCH FOR
COMING AND SHARING YOUR WORDS WITH US THIS MORNING. PLEASE KNOW
4
NYS ASSEMBLY FEBRUARY 11, 2020
THAT YOU ARE ALWAYS WELCOME. THANK YOU VERY MUCH.
REVEREND CARBONE: THANK YOU VERY MUCH,
MR. SPEAKER. MY PLEASURE.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. BARCLAY FOR THE
PURPOSES OF A [SIC] INTRODUCTION.
MR. BARCLAY: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO INTERRUPT THE PROCEEDINGS. IT'S MY GREAT HONOR TO
INTRODUCE TO THE BODY MAYOR DEANA MICHAELS, WHO IS THE
NEWLY-ELECTED MAYOR OF THE CITY OF FULTON. IN MY NEW POSITION, MR.
SPEAKER, I OFTEN GET CONGRATULATED, AND I CONGRATULATED THE MAYOR ON
WINNING HER ELECTION. AND SHE SAID TO ME, AS I OFTEN SAY TO OTHERS, I'M
NOT SURE "CONGRATULATIONS" IS THE RIGHT WORD, BUT... SHE'S GOT A LOT OF
CHALLENGES, BUT I KNOW SHE'S GOING TO BE A GREAT LEADER FOR THE CITY OF
FULTON AND I WOULD ASK IF YOU COULD PLEASE PROVIDE HER THE CORDIALITIES
OF THE HOUSE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. BARCLAY, THE SPEAKER AND ALL THE MEMBERS, MAYOR, WE WELCOME
YOU HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR. YOU GO WITH ALL OUR BEST WISHES. WE KNOW
YOU WILL HAVE A SUCCESSFUL TERM IN OFFICE, AND PLEASE CONTINUE TO SERVE
THE PEOPLE OF THIS STATE. THANK YOU SO VERY MUCH.
(APPLAUSE)
MR. ASHBY.
MR. ASHBY: THANK YOU, MR. SPEAKER, FOR ALLOWING
5
NYS ASSEMBLY FEBRUARY 11, 2020
ME TO INTRODUCE MEMBERS OF THE CAPITAL DISTRICT SLED WARRIORS TEAM
FROM STRIDE. STRIDE IS AN ADAPTIVE SPORTS ORGANIZATION AND THE
MEMBERS HERE TODAY ARE THE 2020 NEW YORK STATE EMPIRE GAMES
GOLD MEDALIST CHAMPIONS FOR SLED HOCKEY.
ALL RIGHT, IF THEY COULD RISE, IF THEY CAN, FROM -- FROM
THE BACK, THOSE THAT CAN. WITH US TODAY ARE JESSE BULGER, SHAWN FULTZ,
GORDON IDE, CHRISTINE LUCIER, NATASHA POMAKOY, ABIGAIL RADLIFF,
SHAWN RAWLINS, VICTOR TOMELDEN, LUKE WILSON, BRYAN DARBY, DEREK
GALLO, BRENDA JENSIS, STEVE PECHACEK, RICHARD POOTERS, JR., ROBERT
RADLIFF, STEFON STILWELL AND BENJAMIN WILSON. AND THEY'RE COACHED
BY CHRIS MANCUSO, THE TEAM MANAGER, KIMBERLY WILSON; DON GALLO,
MAX SHERMAN AND TOM WILSON. SOME OF THESE MEMBERS THAT ARE HERE
WITH US TODAY ARE ALSO WOUNDED WARRIORS WHO FOUGHT FOR OUR COUNTRY
AND HAVE PROVIDED GREAT LEADERSHIP AMONGST THIS TEAM, AND IF YOU
COULD BE SO COURTEOUS AS TO PROVIDE THEM ALL OF THE CORDIALITIES OF THE
HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. ASHBY, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE
GOLD MEDALISTS HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU
THE PRIVILEGES OF THE FLOOR. OUR CONGRATULATIONS ON YOUR ATHLETIC
ACHIEVEMENT, WE KNOW THAT IT HELPS SUSTAIN US IN OTHER PARTS OF OUR LIFE.
KEEP UP THAT GOOD WORK. KNOW THAT OUR BEST WISHES GO WITH YOU.
THANK YOU SO VERY MUCH TO BOTH COACHES AND ADVISORS.
(APPLAUSE)
MR. BYRNE FOR A [SIC] INTRODUCTION.
6
NYS ASSEMBLY FEBRUARY 11, 2020
MR. BYRNE: SECOND ONE. THANK YOU, MR. SPEAKER.
I RISE AGAIN THIS AFTERNOON TO INTRODUCE TWO OTHER GREAT LADIES FROM THE
94TH ASSEMBLY DISTRICT, SUSAN SALOMONE AND EILEEN NEW. THEY
REPRESENT DRUG CRISIS IN OUR BACKYARD, WHICH ADVOCATES FOR FAMILIES
STRUGGLING WITH ADDICTION, THE EFFECTS OF ADDICTION. IT WAS FOUNDED IN
MAY OF 2012 AFTER THE DEATH OF SUSAN'S SON, JUSTIN. THEY HAVE BEEN A
STAPLE IN THE COMMUNITY, DOING EVERYTHING FROM ADVOCATING FOR
SERVICES, DESTIGMATIZING ADDICTION, ENHANCING TRAININGS FOR NALOXONE
IN THE COMMUNITY AND WE'RE JUST VERY, VERY PRIVILEGED TO HAVE THEM IN
-- IN PUTNAM COUNTY. BUT THEY DO SO MUCH WORK OUTSIDE OF THE COUNTY
AND JUST FOR OUR STATE. SO IF YOU COULD, PLEASE EXTEND THE CORDIALITIES
OF THE HOUSE. THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. BYRNE, THE SPEAKER AND ALL THE MEMBERS, LADIES, WE WELCOME
YOU HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR, OUR THANKS AND CONGRATULATIONS ON THE WORK THAT
YOU'RE DOING TO HELP OTHERS IN NEED. IT'S SOMETHING THAT I'M FAMILIAR
WITH. I STARTED DOING A SIMILAR WORK IN THE 1970'S. SO, I'M SORRY THAT
YOU CONTINUE TO HAVE TO DO THAT WORK, BUT GLAD THAT YOU HAVE PICKED UP
THE STRUGGLE THAT NEEDS TO BE FOUGHT. THANK YOU, AND KEEP THAT EFFORT
UP. THANK YOU VERY MUCH.
(APPLAUSE)
MR. GOODELL.
MR. GOODELL: THANK YOU VERY MUCH, MR.
SPEAKER. IT'S MY GREAT PLEASURE TO INTRODUCE TWO INDIVIDUALS WHO
7
NYS ASSEMBLY FEBRUARY 11, 2020
DROVE SIX HOURS FROM MY COUNTY TO JOIN US TODAY, TERRY MCCOOL AND
MARRIE ULKINS. TERRY IS THE ADMINISTRATOR AND MARRIE IS THE ASSISTANT
ADMINISTRATOR OF THE WCA HOME. THE WCA HOME IS A BEAUTIFUL,
CLASSIC VICTORIAN BUILDING. THEY PROVIDE GREAT, HIGH-QUALITY PERSONAL
CARE TO ASSISTED LIVING RESIDENTS. THEY'VE BEEN DOING IT SINCE 1892.
AND NOTWITHSTANDING MY HAIR COLOR, THAT IS BEFORE MY TIME, FOR THE LAST
128 YEARS, AND THEY'RE UP HERE ADVOCATING ON BEHALF OF ALL THE ASSISTED
LIVING FACILITIES, INCLUDING THEIR BEAUTIFUL FACILITY. SO IF YOU WOULD
WELCOME THEM, I WOULD CERTAINLY APPRECIATE IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. GOODELL, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU
HERE TO THE NEW YORK STATE ASSEMBLY, THE PEOPLE'S HOUSE. WE EXTEND
TO YOU THE PRIVILEGES OF THE FLOOR AND, ALSO, OUR CONGRATULATIONS FOR THE
WORK THAT YOU DO, CARING FOR THOSE WHO NEED HELP IN THEIR AGE AND THEIR
LIFE. PLEASE KNOW THAT WE ARE GRATEFUL FOR THE WORK THAT YOU DO AND WE
WILL ALWAYS HONOR YOU FOR THAT WORK. CONTINUE YOUR GREAT JOB. THANK
YOU.
(APPLAUSE)
MS. WALKER.
MS. WALKER: THANK YOU, MR. SPEAKER, FOR THE
OPPORTUNITY TO INTRODUCE A GROUP THAT I AM VERY PROUD OF. I AM VERY
FORTUNATE TO CHAIR THE NEW YORK STATE ASSEMBLY'S COMMITTEE ON
SCIENCE AND TECHNOLOGY, AND TODAY WE WILL PRESENT A RESOLUTION AND
PROCLAMATION TO NPOWER, WHICH IS A LEADING NON-PROFIT ORGANIZATION
THAT HAS TRAINED AND LAUNCHED THE TECH CAREERS OF OVER 2,000 NEW
8
NYS ASSEMBLY FEBRUARY 11, 2020
YORKERS IN UNDERSERVED AND UNDERREPRESENTED COMMUNITIES. TODAY
WE WILL BE MARKING -- MARKING MARCH 12TH, 2020 AS WOMEN OF COLOR
TECH DAY IN THE STATE OF NEW YORK. TODAY WE HAVE WITH US KEN
MITCHELL, WHO IS THE VICE PRESIDENT OF PROGRAM DEVELOPMENT AND
OPERATIONS; HELEN KOGAN, WHO IS THE EXECUTIVE DIRECTOR OF THE METRO
AREA; PATRICK COHEN, THE VICE PRESIDENT OF STRATEGIC PARTNERSHIPS;
BINTA VANN-JOSEPH, WHO IS THE VICE PRESIDENT OF MARKETING; FELECIA
WEBB, WHO IS THE VICE PRESIDENT OF PHILANTHROPY, AND A NUMBER OF
PRESENT STUDENTS AND ALUMNI OF NPOWER. WOULD YOU PLEASE, MR.
SPEAKER, EXTEND THE COURTESIES AND PRIVILEGES OF THE FLOOR TO THIS
OUTSTANDING GROUP OF INDIVIDUALS.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. WALKER, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU
HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF
THE FLOOR, CONGRATULATE YOU ON THE WORK THAT YOU'RE DOING. NOTHING
MORE THAN -- IMPORTANT THAN HELPING PEOPLE PREPARE THEMSELVES FOR THE
TECHNOLOGY OF THE FUTURE AND THE JOBS OF TODAY. THANK YOU. CONTINUE
THAT GREAT WORK. AND WE WISH YOU WELL, AS I'M SURE YOU'VE MADE MS.
WALKER VERY HAPPY BY COMING AND VISITING HER TODAY. THANK YOU SO
VERY MUCH.
(APPLAUSE)
MR. CRESPO FOR THE PURPOSES OF A [SIC] INTRODUCTION.
MR. CRESPO: THANK YOU, MR. SPEAKER. I WANTED TO
TAKE THIS OPPORTUNITY TO INTRODUCE A DELEGATION OF THE YMCA OF
GREATER NEW YORK, PARTICULARLY A DELEGATION FROM THE BRONX THAT IS
9
NYS ASSEMBLY FEBRUARY 11, 2020
WITH US. MANY OF YOU MAY HAVE SEEN THEM IN THE HALLS OR IN YOUR
OFFICES TODAY. AND FOR THE BRAVE ONES THAT TRIED THEIR BICYCLE THAT
MOTORED A -- A (SPEAKING SPANISH) -- SEE, THAT'S WHAT HAPPENS WHEN
YOU'RE BILINGUAL, YOU GET CONFUSED -- A BLENDER, THANK YOU. AND -- AND
WERE ABLE TO BE -- I HID FROM THAT, BY THE WAY, JUST SO YOU KNOW.
BUT, MR. SPEAKER, THIS AMAZING DELEGATION INCLUDES
SOME TEAMS OF THE Y -- SYEP PROGRAM AND THE COLLEGE ACCESS
PROGRAMS. WITH US IS GLORIA, RICHARD, MAKYLIA, AISSETA, HALIMA AND
NINOCHCA. THEY ARE ALSO JOINED BY COUNSELORS BOBBY-ANN AND
SHAMLI. SOME OF THE VOLUNTEER -- SEAN IS WITH THEM, AND MICHAEL
RIVADENEYRA, SHARON LEVY, ADMINISTRATORS, AS WELL AS SCHONE MALLIET,
ONE OF THE BOARD MEMBERS. THEY HAVE VISITED WITH MANY MEMBERS.
THEY SPENT SOME TIME WITH THE SPEAKER TODAY, BUT THEY ARE A REMINDER
OF THE VERY BEST OF OUR COMMUNITIES AND WE ARE GRATEFUL TO THE YMCA,
AS WELL, FOR GIVING THEM AN OPPORTUNITY AND A PATHWAY TO LIVE
PRODUCTIVE AND SUCCESSFUL LIVES AND REACH THOSE GOALS. AND SO, MR.
SPEAKER, IF YOU COULD EXTEND THE CORDIALITIES OF THE HOUSE TO THIS
AMAZING DELEGATION FROM THE BOOGIE DOWN BRONX.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. CRESPO, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU
HERE, THIS EXTRAORDINARY GROUP OF YOUNG PEOPLE, TO THE NEW YORK STATE
ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. AND TO THE
YMCA WHO HAS BEEN DOING THIS WORK FOREVER, THANK YOU FOR
CONTINUING THAT WORK, AND THANK YOU FOR MAKING SURE THAT YOU'RE
SERVING THE CHILDREN OF TODAY AND NOT THE WORLD OF TOMORROW. THANK
10
NYS ASSEMBLY FEBRUARY 11, 2020
YOU SO VERY MUCH. CONTINUE YOUR GREAT WORK.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN
BEGIN OUR WORK ON PAGE 3 WITH RESOLUTIONS, AND IMMEDIATELY FOLLOWING
THAT GO TO PAGE 46 AND START WITH CALENDAR NO. 274.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 754 --
ACTING SPEAKER AUBRY: SHH.
THE CLERK: ASSEMBLY RESOLUTION NO. 754, MR.
LENTOL. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR M. CUOMO TO
PROCLAIM FEBRUARY 8-15, 2020, AS COURT REPORTING AND CAPTIONING
WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE -- SAYING AYE?
MEMBERS: AYE.
ACTING SPEAKER AUBRY: THANK YOU VERY
MUCH. OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 755, MRS.
GUNTHER. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.
CUOMO TO PROCLAIM FEBRUARY 14, 2020, AS A DAY FOR HEARTS:
CONGENITAL HEART DEFECT AWARENESS DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
11
NYS ASSEMBLY FEBRUARY 11, 2020
THE CLERK: ASSEMBLY RESOLUTION NO. 756, MR.
BLANKENBUSH. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM FEBRUARY 16-22, 2020, AS GRAIN BIN
SAFETY WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 757, MS.
WALKER. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.
CUOMO TO PROCLAIM MARCH 12, 2020, AS WOMEN OF COLOR IN TECH DAY
IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MS. WALKER ON THE
RESOLUTION.
MS. WALKER: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: ONE MINUTE, MS.
WALKER. SHH, SHH, SHH.
THANK YOU. PROCEED, DEAR.
MS. WALKER: NEARLY SIX MILLION JOBS ARE EXPECTED
TO REQUIRE TECH AND DIGITAL SKILLS IN THE FUTURE, AND STATISTICS SHOW THAT
THERE ARE ONLY 3.2 MILLION CANDIDATES IN THE POOL WITH THE TRAINING AND
SKILLS NECESSARY FOR THESE NEW, RARE AND FUTURISTIC OPPORTUNITIES.
NPOWER WAS FOUNDED IN THE YEAR 2000 IN BROOKLYN TO EMPOWER
INDIVIDUALS WITH IN-DEMAND TECH SKILLS AND EQUALIZE OPPORTUNITIES
WHICH TRANSFORM LIVES AND CREATE SYSTEMATIC CHANGES IN THE MOST
UNDERSERVED AND UNDERREPRESENTED COMMUNITIES. TO DATE, THE
12
NYS ASSEMBLY FEBRUARY 11, 2020
NON-PROFIT ORGANIZATION HAS SERVED OVER 2,200 ADULT NEW YORKERS,
INCLUDING MANY WOMEN OF COLOR AND MEMBERS OF THE MILITARY, SEEKING
TO TRANSITION CAREERS AND/OR REENTER THE WORKFORCE BY TRAINING THEM AND
HELPING THEM LAUNCH THEIR TECH CAREERS.
WHILE WOMEN MAKE UP THE MAJORITY OF THE WORKFORCE,
THERE CONTINUES TO BE A VAST DISPARITY IN THE -- IN THEIR PRESENCE IN THE
TECH INDUSTRY. TO HIGHLIGHT NPOWER'S SUCCESS AND RAISE AWARENESS
ABOUT THE URGE AND NEED TO BRIDGE THE GAP BETWEEN WOMEN OF COLOR
AND TECH JOBS, WE ARE PRESENTING THIS PROCLAMATION TO NPOWER WHICH
MARKS TODAY, MARCH 12TH, AS WOMEN OF COLOR IN TECH DAY IN THE
STATE OF NEW YORK. THIS PARTICULAR DAY HONORS A NEW INITIATIVE THAT
NPOWER IS INSTITUTING, WHICH IS CALLED 40 BY 22. AND THIS IS A WOMAN
OF COLOR IN TECH COALITION WHICH SEEKS TO AIM -- WHICH AIMS TO INCREASE
THE ENROLLMENT OF YOUNG WOMEN OF COLOR IN THE PROGRAM TO 40 PERCENT
BY THE YEAR 2022, AND PRESENTLY WE ARE AT 25 PERCENT.
OUR SOCIETY HAS GREATLY BENEFITTED BY THE PURPOSEFUL
EFFORTS OF THIS COALITION, AND WE UNITE TO IMPROVE THAT QUALITY OF LIFE NOT
JUST FOR THE YOUNG PEOPLE IN BROOKLYN, BUT REALLY ALL ACROSS THE STATE OF
NEW YORK. AND SO, TODAY WE WOULD LIKE TO ASK THAT THIS LEGISLATIVE
BODY PAUSE IN ITS DELIBERATIONS TO MEMORIALIZE GOVERNOR ANDREW M.
CUOMO TO PROCLAIM TODAY [SIC], MARCH 12, 2020 AS WOMEN OF COLOR IN
TECH DAY, AND BE IT FURTHER RESOLVED THAT A COPY OF THE RESOLUTION
WHICH WE WILL PASS AND ENGROSS BE TRANSMITTED TO THE GOVERNOR ON
BEHALF OF NPOWER. SO, THANK YOU VERY MUCH AND I LOOK FORWARD TO ITS
PASSAGE.
13
NYS ASSEMBLY FEBRUARY 11, 2020
ACTING SPEAKER AUBRY: THANK YOU.
MR. VANEL ON THE RESOLUTION.
MR. VANEL: I JUST SPEAK IN SUPPORT OF THE SPONSOR
AND OF THIS RESOLUTION PROCLAIMING MARCH 12TH AS WOMEN IN COLOR
[SIC] TECH DAY. IT'S VERY IMPORTANT TO MAKE SURE THAT WE HELP DIVERSIFY
THE TECHNICAL INDUSTRY, AND VERY IMPORTANT NOT -- NOT ONLY WITH RACE,
BUT ALSO WITH GENDER. THIS IS A VERY, VERY WORTHY -- WORTHY GOAL. IT'S
VERY -- IT'S ALSO -- WE'RE VERY EXCITED THAT NPOWER IS HERE, WHICH IS A
GREAT ORGANIZATION THAT DOES WORK THROUGHOUT NEW YORK CITY. AND
THIS GOAL IS VERY IMPORTANT AND I STAND IN TOTAL SUPPORT OF THIS. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
(APPLAUSE)
PAGE 46, CALENDAR NO. 274, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07523, CALENDAR NO.
274, DINOWITZ. AN ACT TO AMEND THE SURROGATE'S COURT PROCEDURE ACT,
IN RELATION TO THE COMPUTATION AND ALLOCATION OF THE COMMISSIONS OF
TRUSTEES OF CHARITABLE TRUSTS; AND REPEALING CERTAIN PROVISIONS OF SUCH
LAW RELATING THERETO.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07526, CALENDAR NO.
275, LAVINE, DINOWITZ. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND
RULES, IN RELATION TO THE CONTENT OF A SUMMONS WITH NOTICE IN CERTAIN
14
NYS ASSEMBLY FEBRUARY 11, 2020
ACTIONS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
LAVINE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07528, CALENDAR NO.
276, GANTT, DINOWITZ, WRIGHT, WEPRIN, GOTTFRIED, CRUZ. AN ACT TO
AMEND THE FAMILY COURT ACT, IN RELATION TO USE OF RESTRAINTS ON
CHILDREN APPEARING BEFORE THE FAMILY COURT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07544, CALENDAR NO.
277, STIRPE, MCDONALD, MCMAHON, STECK. AN ACT TO AMEND THE
GENERAL MUNICIPAL LAW, IN RELATION TO INCLUDING LAKES IN
ADOPT-A-MUNICIPAL PARK, SHORELINE OR ROADWAY PROGRAMS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07572, CALENDAR NO.
278, DINOWITZ, WEINSTEIN, GOTTFRIED, SEAWRIGHT. AN ACT TO AMEND THE
CIVIL PRACTICE LAW AND RULES, IN RELATION TO ARBITRATION AWARDS IN
CONSUMER AND EMPLOYMENT DISPUTES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MEMBERS, THIS IS THE FIRST VOTE OF THE DAY. MRS.
15
NYS ASSEMBLY FEBRUARY 11, 2020
PEOPLES-STOKES WOULD TELL YOU WHAT DAY, WHAT WEEK AND WHAT YEAR
YOU'RE IN, BUT I WON'T DO THAT. I'LL JUST ASK YOU TO VOTE AS YOU SIT IN YOUR
CHAIR. AND IF YOU'RE IN YOUR SEATS, PLEASE VOTE NOW; IF YOU'RE IN THE
SOUND OF OUR VOICE, COME TO THE CHAMBER AND VOTE. THANK YOU.
ARE THERE - SHH - ANY OTHER VOTES? ANNOUNCE THE
RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07573, CALENDAR NO.
279, GUNTHER, D'URSO, BUTTENSCHON, BLAKE. AN ACT TO AMEND THE
EXECUTIVE LAW, IN RELATION TO THE DEFINITION OF "VETERAN."
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07598, CALENDAR NO.
280, SEAWRIGHT, DINOWITZ, COLTON, CRUZ. AN ACT TO AMEND THE CIVIL
PRACTICE LAW AND RULES, IN RELATION TO THE FAILURE TO PROVIDE NOTICE OF A
DEFAULT JUDGMENT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
16
NYS ASSEMBLY FEBRUARY 11, 2020
THE CLERK: ASSEMBLY NO. A07599, CALENDAR NO.
281, DINOWITZ. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES, IN
RELATION TO ADMISSIBILITY OF AN OPPOSING PARTY'S STATEMENT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07605, CALENDAR NO.
282, BRAUNSTEIN, DINOWITZ. AN ACT TO AMEND THE CIVIL PRACTICE LAW
AND RULES, IN RELATION TO COMMISSIONS FOR RECEIVERS OF RENTS AND
PROFITS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS FOR AN
INTRODUCTION ON BEHALF OF OUR COLLEAGUE, MR. WEPRIN. WE HAVE BRIAN
BROWN, THE ASSISTANT VICE PRESIDENT OF ST. JOHN'S UNIVERSITY, AND A
GROUP OF STUDENTS THAT ARE ATTENDING HIS GREAT INSTITUTION. IF YOU COULD
PLEASE WELCOME THEM TO OUR CHAMBERS AND GIVE THEM THE CORDIALITIES
OF THE HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
17
NYS ASSEMBLY FEBRUARY 11, 2020
OF ASSEMBLYMEMBER WEPRIN, THE SPEAKER AND ALL THE MEMBERS, WE
WELCOME THIS DISTINGUISHED GROUP OF STUDENTS FROM ST. JOHN'S
UNIVERSITY AND THEIR STAFF AND ALL OF THE ADMINISTRATION HERE TO THE NEW
YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.
THANK YOU FOR SHARING WITH US TODAY THE ISSUES THAT ARE IMPORTANT TO
YOU. KNOW THAT YOU ARE ALWAYS WELCOME HERE, AND THERE ARE A LOT OF
FRIENDS FROM QUEENS WHO SHARE IN YOUR ENTHUSIASM FOR ST. JOHN'S
UNIVERSITY. THANK YOU SO VERY MUCH.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. ACTUALLY, I'D LIKE TO MAKE ANOTHER INTRODUCTION ON BEHALF OF
OUR MEMBERS PHEFFER AMATO, ROSENTHAL AND EICHENSTEIN. WE'D LIKE TO
WELCOME A GROUP OF EDUCATION ADVOCATES AND PARENTS FROM 23 DIFFERENT
YESHIVAHS FROM QUEENS AND LONG ISLAND, REPRESENTING OVER 10,000
STUDENTS. MR. SPEAKER, IF YOU COULD WELCOME THEM TO OUR CHAMBERS.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF ALL OF QUEENS, RIGHT? BECAUSE JUST ABOUT ALL OF QUEENS IS THERE FOR
YOU, AND BROOKLYN, WE HAVE BROOKLYN IN THAT CROWD, TOO, WE WELCOME
YOU HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR. THANK YOU FOR JOINING US TODAY. THANK YOU FOR
ALSO PARTICIPATING IN THE PUBLIC LIFE OF OUR CITY AND OUR STATE. THANK
YOU SO VERY MUCH.
(APPLAUSE)
THE CLERK WILL READ. NO. 284, PAGE 47.
18
NYS ASSEMBLY FEBRUARY 11, 2020
THE CLERK: ASSEMBLY NO. A07648, CALENDAR NO.
284, GOODELL. AN ACT TO AMEND THE GENERAL CITY LAW, IN RELATION TO A
RESIDENCY EXEMPTION FOR PLUMBING INSPECTORS IN THE CITY OF
JAMESTOWN.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? SHH, PLEASE. ANNOUNCE
THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07669, CALENDAR NO.
285, COOK, LENTOL. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN
RELATION TO PRELIMINARY PROCEEDINGS INVOLVING ADOLESCENT OFFENDERS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07670, CALENDAR NO.
286, PRETLOW, LENTOL. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW,
IN RELATION TO THE SEALING OF LAW ENFORCEMENT RECORDS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
19
NYS ASSEMBLY FEBRUARY 11, 2020
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07676, CALENDAR NO.
287, MOSLEY. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO THE
MANNER THROUGH WHICH ENFORCEMENT PROCEEDINGS ARE BROUGHT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
SHH. LADIES AND GENTLEMEN, PLEASE. THANK YOU.
SHH.
THE CLERK: ASSEMBLY NO. A07699-B, CALENDAR
NO. 288, GUNTHER, JACOBSON, SCHMITT, BRABENEC, L. ROSENTHAL,
GOTTFRIED, B. MILLER, THIELE, STECK, EPSTEIN, CARROLL, SEAWRIGHT, ORTIZ,
COLTON. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW AND THE TAX
LAW, IN RELATION TO THE DEFINITION OF DESIGNATED COMMUNITY FOR
COMMUNITY PRESERVATION FUNDS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES. SHH.
20
NYS ASSEMBLY FEBRUARY 11, 2020
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN
NOW GO TO OUR DEBATE LIST, JUST WANT TO TAKE UP A FEW BILLS FROM IT. WE
WANT TO START WITH CALENDAR NO. 340, IT'S ON PAGE 56, BY MEMBER
PAULIN.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: SENATE NO. S07171, CALENDAR NO.
340, SENATOR BROOKS (PAULIN, BLAKE--A08952). AN ACT TO AMEND THE
EXECUTIVE LAW, IN RELATION TO DIRECT DIALING TO PUBLIC SERVICE
ANSWERING PHONES.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. PAULIN.
MS. PAULIN: YES. SO, THIS IS A CHAPTER AMENDMENT
OF A BILL THAT WE DID LAST YEAR -- OR LAST SESSION, AND THE IDEA BEHIND THE
CHAPTER AMENDMENT IS TO ALLOW ITS PERMISSIVE A COLLEGE CAMPUS, A
CUNY OR A SUNY TO -- AND TO CLARIFY, BECAUSE THIS IS WHAT THEY DO
NOW, TO ALLOW THEM TO ROUTE 911 CALLS TO BOTH THEIR OWN CENTRAL
OPERATING CAMPUS POLICE IF THEY HAVE THEM. YOU KNOW, OBVIOUSLY
SOME SMALLER CAMPUSES DO NOT HAVE CAMPUS POLICE. IT ALLOWS THEM TO
BOTH ROUTE THE 911 CALL TO THEIR CAMPUS POLICE, AS WELL AS TO AN
EMERGENCY OPERATOR SUCH AS A LOCAL POLICE DEPARTMENT.
SO, THE RATIONALE BEING THAT THEY KNOW THE CAMPUS
BEST, THEY HAVE A POLICY IN PLACE AND IT MIGHT BE TO THE ADVANTAGE OF
THOSE STUDENTS TO BE ABLE TO ALLOW THE CALLS TO GO TO BOTH PARTIES OR, YOU
KNOW, IF THEIR POLICY IS SUCH TO GO TO THEM FIRST, BECAUSE THEY'RE SO
CLOSELY -- OR THEY'RE SO ABLE AND KNOWING WHAT THE CAMPUS LOOKS LIKE.
21
NYS ASSEMBLY FEBRUARY 11, 2020
I DON'T KNOW IF I SAID THAT ALL RIGHT.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
MS. PAULIN: YES.
ACTING SPEAKER AUBRY: MS. PAULIN YIELDS.
MR. GOODELL: THANK YOU, MS. PAULIN. IT
CERTAINLY SEEMS TO MAKE A LOT OF SENSE THAT IF YOU HAVE A CAMPUS PHONE
AND YOU DIAL 911, IT GOES DIRECTLY TO CAMPUS SECURITY, BECAUSE
OBVIOUSLY THEY'RE RIGHT ON CAMPUS. THEY KNOW WHERE ALL THE DORM
ROOMS ARE AND THE DORM BUILDINGS AND THE OTHER BUILDINGS ON CAMPUS,
AND THEY PROBABLY CAN RESPOND FASTER THAN ANYONE ELSE. AT THE SAME
TOKEN, THOUGH, WE -- THERE HAVE BEEN SOME TECHNICAL CONCERNS HAVE
BEEN RAISED BY THE 911 COORDINATORS ASSOCIATION. AND THEY RAISED TWO
ISSUES, IN PARTICULAR, I WAS HOPING YOU COULD ADDRESS.
THE FIRST QUESTION WAS WHETHER OR NOT THE CAMPUS
SECURITY THAT ANSWERS A CAMPUS 911 CALL HAVE THE TRAINING AND
EXPERIENCE THAT THE NORMAL 911 DISPATCHERS WOULD HAVE. AND THEY
HAVE EXPRESSED A CONCERN ON THAT. COULD YOU ADDRESS THAT CONCERN?
MS. PAULIN: SO REMEMBER, FIRSTLY, IT'S PERMISSIVE,
YOU KNOW, SO IT -- THERE'S A "MAY" HERE. SO, YOU KNOW, CURRENTLY THESE
COLLEGE CAMPUSES THAT HAVE -- BECAUSE THEY'RE DOING -- THEY DO THIS
NOW, YOU KNOW, THEY -- THIS IS WHAT THE CURRENT PROCEDURE IS. SO, IF
THERE'S A POLICY THAT THEY ARE -- ARE EQUIPPED AND THEY DEEM THEMSELVES
AS SUCH WHEN THE -- WHEN THAT STUDENT OR PERSON ON THE CAMPUS IS
22
NYS ASSEMBLY FEBRUARY 11, 2020
ACTUALLY TRYING TO COMMUNICATE TO 911, IT DOES GO TO THE CAMPUS
POLICE. SOMETIMES THESE CAMPUS POLICE OR THE UNIVERSITIES ROUTE THEM
TO BOTH AT THE SAME TIME.
AND ALL THIS DOES, WE UNDERSTAND, IS CLARIFY EXISTING
POLICY SO THAT, YOU KNOW, WHILE WE WERE MAKING CORRECTION IN THE LAW
-- OR, NOT A CORRECTION, WHILE WE WERE REQUIRING, YOU KNOW, A DIRECT
ROUTING OF 911 SO THAT PEOPLE WHO ARE PRESSING 911 AREN'T CONFUSED,
AND THEY DON'T HAVE TO PRESS A TWO FIRST OR, YOU KNOW, LIKE IN THIS
BUILDING RIGHT, YOU KNOW, YOU HAVE TO -- I MEAN, I DON'T KNOW WHAT
THIS -- THIS BUILDING ACTUALLY CAN DO 911, BUT YOU HAVE TO PRESS A TWO
AND IT COULD BE CONFUSING ABOUT WHAT IS THE PROCESS. THE SAME THING
COULD BE -- OCCUR ON A COLLEGE CAMPUS. SO, YOU KNOW, WE MADE THAT
CLARIFICATION TO ALLOW THE DIRECT ROUTING OF 911 AND TO REQUIRE IT AND, AT
THE SAME TIME, WE WERE INFORMED THAT -- THAT THERE WAS A -- A PROBLEM
ON CUNYS AND SUNYS BECAUSE THEY WERE ROUTING THOSE CALLS NOT
DIRECTLY ALWAYS TO LAW ENFORCEMENT, THAT SOMETIMES THEY DEEMED IT IN
THE -- TO THE SAFETY ADVANTAGE OF THOSE WHO WERE MAKING THOSE CALLS TO
GO FIRST -- EITHER FIRST OR AT THE SAME TIME TO THE COLLEGE SECURITY POLICE.
SO -- SO THERE WAS -- THAT WAS ALREADY HAPPENING AND, YOU KNOW, I
DON'T, I -- I THINK THEY ARE TRAINED, YOU KNOW, THEY WERE TRAINED. WE
HAVEN'T HEARD OF AN INCIDENT WHERE THIS WAS HAPPENING WHERE IT'S BEEN
A PROBLEM.
SO, I WOULD SAY THAT THE EXISTING POLICY FOR CUNY
AND SUNY IS WORKING, SO THIS IS JUST CLARIFYING THAT THIS -- THAT WHAT
THEY'RE DOING IS WORKING AND IT IS KEEPING PEOPLE SAFE.
23
NYS ASSEMBLY FEBRUARY 11, 2020
MR. GOODELL: ALONG THE SAME LINE, AM I CORRECT
THAT CAMPUS SECURITY DO NOT HAVE FULL POLICE AUTHORITY LIKE A PEACE
OFFICER OR A POLICE OFFICER; IS THAT CORRECT?
MS. PAULIN: THAT WHAT?
MR. GOODELL: THAT CAMPUS SECURITY MAY NOT
HAVE THE FULL POLICE POWER THAT YOUR SHERIFF'S DEPARTMENT MIGHT HAVE.
MS. PAULIN: SOME OF THEM ARE VERY SMALL, THAT'S
CORRECT. AND IN THOSE CASES, I DON'T THINK THAT THEY WOULD OPT TO DO
THIS. THIS IS, AGAIN, PERMISSIVE. YOU KNOW, IT'S -- IT'S IF THEY HAVE -- IF
IT'S A LARGE UNIVERSITY, THEY ARE USUALLY STAFFED UP AND THEY WOULD HAVE
MORE ABILITY TO RESPOND. THE SMALL ONES LIKELY WOULD NOT GO THROUGH
THE -- GO THROUGH THE SAME PROCESS.
MR. GOODELL: THE OTHER ISSUE RAISED BY THE 911
COORDINATORS ASSOCIATION IS THAT THERE IS NEW FEDERAL LAW THAT KICKS IN
IN ABOUT A WEEK.
MS. PAULIN: THAT WHAT? I'M SORRY.
MR. GOODELL: THERE'S A NEW FEDERAL LAW THAT
KICKS IN IN ABOUT A WEEK, FEBRUARY 16TH, 2020 CALLED KARI'S LAW, AND
THERE'S A CONCERN THAT THIS LEGISLATION WOULD CONFLICT WITH THE FEDERAL
LEGISLATION. COULD YOU ADDRESS THAT CONCERN?
MS. PAULIN: YOU KNOW -- YOU KNOW IF, THERE'S
ADDITIONAL FEDERAL LEGISLATION OR IF THAT -- I MEAN, STATE LEGISLATION TO --
TO DEAL WITH THE STATE LEGISLATION, I MEAN I GUESS WE CAN LOOK AT THAT
AND DO ANOTHER AMENDMENT ON TOP OF THIS -- ON THIS ONE IN THE SAME
SECTION OF LAW, BUT WE WERE NOT -- THIS WAS CRAFTED BY THE GOVERNOR'S
24
NYS ASSEMBLY FEBRUARY 11, 2020
OFFICE. YOU KNOW, I DO NOT -- I BELIEVE THAT THEY'RE UNAWARE, AS WELL,
ABOUT THIS FEDERAL PROVISION. SO, WE CAN LOOK INTO IT AND, CERTAINLY, WE
IF NEED TO ADDRESS SOMETHING, WE CAN -- WE CAN DO THAT.
MR. GOODELL: THANK YOU VERY MUCH, MS. PAULIN.
MS. PAULIN: OKAY.
MR. GOODELL: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS TO INVITE
SOME GUESTS WHO HAVE JOINED US IN THE CHAMBERS. ON BEHALF OF MR.
CRESPO, MR. (INAUDIBLE) AND MS. CRUZ, WE'D LIKE YOU TO WELCOME
KAROL MASON, PRESIDENT OF JOHN JAY COLLEGE. BY THE WAY, OUR
COLLEAGUES WHOSE NAMES I JUST MENTIONED ARE ALL ALUMNI. SHE'S ALSO
JOINED BY MINDY BOCKSTEIN, DIRECTOR OF EXTERNAL AFFAIRS. WOULD YOU
PLEASE WELCOME THEM TO OUR CHAMBERS, MR. SPEAKER.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
25
NYS ASSEMBLY FEBRUARY 11, 2020
OF MR. CRESPO, MS. CRUZ, THE SPEAKER AND ALL THE MEMBERS, WE
WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, PRESIDENT. WE
EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. OUR THANKS FOR THE WORK THAT
YOU'RE DOING IN EDUCATING OUR YOUNG PEOPLE, SENDING THEM ON TO A
BETTER LIFE. WE KNOW THAT IS A GREAT CALLING AND SO HAPPY THAT YOU'VE
JOINED US, SO HAPPY THAT YOU CONTINUE TO DO A GREAT JOB. AND THERE'S AT
LOT OF PRIDE IN THE BRONX FOR THE SCHOOL THAT YOU REPRESENT. THANK YOU
SO VERY MUCH.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THANK YOU,
FOR ONE MORE INTRODUCTION. ON BEHALF OF MR. AL TAYLOR, AS WELL AS OUR
COLLEAGUE, INEZ DICKENS AND ALL OF OUR COLLEAGUES WHO ARE FAMILIAR
WITH THE EARLIER HIP HOP DAYS, I'D LIKE YOU TO WELCOME KURTIS BLOW.
HE IS A RAPPER, SINGER, SONGWRITER AND PRODUCER, DJ AND A PUBLIC
SPEAKER. HE IS A HIP HOP PIONEER, FIRST TO SIGN WITH A MAJOR RECORD
LABEL. "THE BREAKS" WAS A SINGLE -- WAS A SINGLE FROM THE FIRST GOLD
HIP HOP RECORD, WE ALL REMEMBER THAT ONE, "THESE ARE THE BREAKS."
HIS SONG, "IF I RULED THE WORLD," BECAME A TOP FIVE HIT ON THE
BILLBOARDS OF R&B CHARTS. HE IS THE FOUNDER OF THE HIP HOP CHURCH
IN HARLEM WHERE HE IS THE WORSHIP LEADER. HE IS HERE TODAY, MR.
SPEAKER, WITH HIS WIFE. WOULD YOU PLEASE WELCOME HIM -- THEM TO
OUR CHAMBERS.
(APPLAUSE)
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
26
NYS ASSEMBLY FEBRUARY 11, 2020
OF ASSEMBLYMEMBERS TAYLOR, DICKENS, BICHOTTE AND WALKER, THE
SPEAKER AND ALL THE MEMBER, SIR, WE WELCOME YOU HERE TO THE NEW
YORK STATE ASSEMBLY, EXTEND TO YOU AND YOUR WIFE THE PRIVILEGES OF
THE FLOOR. THANK YOU FOR THE ENJOYMENT THAT YOU HAVE GIVEN MOST OF US
FOR A LONG TIME IN OUR LIVES. IT'S SO GREAT TO SEE YOU, SO GREAT THAT
YOU'VE TAKEN THE TIME TO COME HERE TO ALBANY AND SHARE THIS DAY WITH
US. PLEASE KNOW THAT YOU ARE ALWAYS WELCOME HERE. THANK YOU AND
GREAT LUCK IN THE FUTURE.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE GO
WE CAN GO BACK TO OUR DEBATE LIST AND GO TO CALENDAR NO. 388, IT IS ON
PAGE 57, IT IS BY OUR COLLEAGUE, SANDY GALEF.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09135, CALENDAR NO.
388, GALEF. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
ORDERING SERVICES WHERE THE IDENTIFIED CAREGIVERS BEING UNWILLING OR
UNABLE TO GIVE PROPER CARE.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
GALEF, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION IS REQUESTED, MRS. GALEF.
MRS. GALEF: YES. WE PASSED THIS BILL LAST YEAR.
THIS IS A CHAPTER AMENDMENT, 617, AND -- BUT WHAT IT -- THE ORIGINAL BILL
INDICATED THAT DESIGNATED CAREGIVERS BEFORE DISCHARGING A PATIENT WITH
27
NYS ASSEMBLY FEBRUARY 11, 2020
A CENTRAL VENOUS LINE WOULD BE ASSURED THAT THEY WOULD HAVE THE
PROPER CARE WHEN THEY GOT HOME. WHAT THIS BILL DOES IS EXPANDS THAT,
AND I COMPLIMENT THE GOVERNOR FOR SUGGESTING IT TO ANYONE THAT IS
LEAVING A HOSPITAL SETTING, BEING DISCHARGED, THAT THEY HAVE THE -- IF
THEY ARE DESIGNATED TO GO HOME, THAT THEY HAVE THE APPROPRIATE CARE
BEING PROVIDED FOR THEM AT HOME. IF THE CAREGIVER DETERMINES THAT
THEY DO NOT HAVE THE CAPABILITY, THEY DON'T HAVE THE EXPERIENCE TO
PERFORM A MEDICAL SERVICE THAT THEY ARE NOT TRAINED FOR.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
MRS. GALEF: YES.
ACTING SPEAKER AUBRY: MRS. GALEF YIELDS.
SHH, LADIES AND GENTLEMEN.
MR. GOODELL: THANK YOU, MRS. GALEF. AS YOU
KNOW, LAST YEAR WE HAD A BILL THAT RELATED SPECIFICALLY TO PATIENTS BEING
DISCHARGED WITH INTRAVENOUS LINES.
MRS. GALEF: YES.
MR. GOODELL: WHICH WAS A FAIRLY SPECIFIC,
RELATIVELY HIGH-RISK SITUATION WHERE IF THEY DIDN'T RECEIVE PROPER
FOLLOW-UP CARE, THEY WOULD HAVE RISKS OF INFECTION AND OTHER SERIOUS
COMPLICATIONS. THIS BILL TAKES THAT MANDATE AND EXPANDS IT TO ALL CARE,
CORRECT?
MRS. GALEF: YES.
MR. GOODELL: ALL AFTER-HOSPITAL CARE.
28
NYS ASSEMBLY FEBRUARY 11, 2020
MRS. GALEF: AFTER HOSPITAL CARE IF -- IF THE
CAREGIVER IS NOT ABLE TO GIVE THE TYPE OF CARE THAT IS NEEDED. AND THEY
-- THE TYPE OF CARE COULD COME IN EVEN IF IT'S FOR A DAY. YOU KNOW,
SOMETHING THAT I THOUGHT ABOUT RECENTLY, AN EXAMPLE THAT I HAD, WHEN
MY HUSBAND WAS VERY ILL AND HE NEEDED A FEEDING TUBE AND THE
PHYSICIANS OR THE NURSE AT SLOAN KETTERING TOLD ME EXACTLY HOW TO
PROVIDE THIS FOR MY HUSBAND. I WENT HOME AND I COULDN'T FIGURE IT OUT.
AND PART OF IT WAS I'M NOT EXPERIENCED; SECONDLY, I'M VERY EMOTIONALLY
INVOLVED. AND I HAD THIS FEELING THAT MY HUSBAND WOULD DIE BECAUSE
HE COULDN'T BE FED BY ME. NOW, FORTUNATELY I WAS ABLE TO CALL
SOMEBODY IN THE MEDICAL FIELD BECAUSE OF OUR CONTACTS THAT WERE ABLE
TO HELP ME, BUT NOT EVERYBODY IS IN MY SITUATION. AND YOU CAN GO
HOME AND, YOU KNOW, YOU MAY JUST NEED SOMEBODY TO COME FOR A
COUPLE OF HOURS, A NURSE'S AIDE OR WHATEVER, BUT THE HOSPITAL HAS TO BE
SURE THAT THEY HAVE THAT RECOMMENDATION FOR SOMEBODY WHO SAID, I
DON'T KNOW HOW TO DO THIS. WE DON'T WANT PEOPLE TO GO HOME AND HAVE
MORE COMPLICATIONS, WE WANT PEOPLE TO GET WELL WHEN THEY GET HOME
OR BE TAKEN CARE OF.
SO, YES, I THINK IT'S VERY IMPORTANT. WE CAN'T ALWAYS
DESIGNATE WHAT THE ISSUES ARE THAT PEOPLE ARE GOING TO FACE, BUT WE
KNOW THAT THERE ARE A LOT OF -- A LOT OF INDIVIDUALS THAT ARE JUST -- DON'T
FEEL AT ALL THAT THEY HAVE THE EXPERTISE TO HELP IN THE SITUATION.
INTRAVENOUS LINE IS EVEN MORE DRAMATIC, BUT MINE WOULD HAVE, IN MY
CASE, IT WOULD BE A PERSON, A HOME HEALTH CARE WHATEVER JUST TO ALMOST
COME FOR AN HOUR TO HELP OUT. AND, YOU KNOW, I THINK WE OWE OUR
29
NYS ASSEMBLY FEBRUARY 11, 2020
LOVED ONES THAT.
MR. GOODELL: NOW, THIS BILL GOES ON TO SAY THAT
NOT ONLY DOES THE HOSPITAL HAVE TO ENSURE FOLLOW-UP CARE FOR THOSE WITH
INTRAVENOUS LINES, BUT FOR ANY OTHER SITUATION IF THEY MAKE A
DETERMINATION THAT THE DESIGNATED CAREGIVER CAN'T PROVIDE IT. AND THEN
IT GOES ON TO SAY THAT THE HOSPITAL SHALL ORDER SUCH SERVICE, THE HOSPITAL
ORDERS THE SERVICE. SO IT'S NOT JUST INCLUDING IT IN A DISCHARGE PLAN OR
RECOMMENDING IT TO THE PATIENT, THE HOSPITAL IS NOW, UNDER THIS BILL,
UNDER STATUTORY OBLIGATION TO ACTUALLY ORDER THE SERVICE; IS THAT CORRECT?
MRS. GALEF: WELL, I THINK WHEN YOU'RE DISMISSED
FROM A HOSPITAL AND YOU STILL NEED SERVICES, THE SOCIAL WORKER AT THE
HOSPITAL HAS TO ASSURE THAT THE PATIENT WHEN THEY -- WHEREVER THEY ARE
GOING HAVE THOSE SERVICES PROVIDED, WHETHER IT'S A NURSING SERVICE TO
COME IN WITHIN FIVE HOURS, YOU KNOW, THEY -- THEY DO THAT. WE DON'T
WANT PEOPLE TO GO HOME, HAVE ANOTHER ISSUE AND THEN GO BACK TO THE
HOSPITAL. THAT'S GOING TO COST MORE IF PEOPLE AREN'T CARED FOR PROPERLY
AT THEIR HOME.
MR. GOODELL: SO IS THE HOSPITAL ORDERING THESE
SERVICES AT THE PATIENT'S EXPENSE?
MRS. GALEF: NO, I MEAN YOU HAVE INSURANCE --
MR. GOODELL: YOU HOPE --
MRS. GALEF: -- YOU KNOW.
MR. GOODELL: -- PRESUMABLY.
MRS. GALEF: WE HAVE THE INSURANCE. YOU KNOW,
FRANKLY, THE INSURANCE COMPANIES ARE GOING TO HAVE TO START TO COVER
30
NYS ASSEMBLY FEBRUARY 11, 2020
SOME OF THESE THINGS.
MR. GOODELL: AND THE HOSPITAL IS ORDERING THESE
FROM A COMPANY THAT THE HOSPITAL IS COMFORTABLE WITH RATHER THAN
HAVING THE PATIENT ORDER IT FROM A COMPANY THEY MIGHT PREFER?
MRS. GALEF: PATIENT -- PATIENT ISN'T ORDERING IT.
THE HOSPITAL IS ORDER -- THE HOSPITAL KNOWS WHAT NEEDS TO BE PROVIDED,
RIGHT? AND WHEN YOU -- WHEN YOU EXIT A HOSPITAL, THERE'S A SOCIAL
WORKER, THERE'S A DISCHARGE PLAN AND USUALLY IT'S THROUGH, I -- I
UNDERSTAND IT'S USUALLY THROUGH A SOCIAL WORKER WHICH HAS THE ADVICE OF
THE MEDICAL COMMUNITY AND SO ON AS TO WHAT NEEDS TO BE DONE WHEN
THE PATIENT GETS HOME.
IN THIS SITUATION, THIS WAS A LITTLE GIRL WHO HAD SICKLE
CELL AND HAD TO HAVE AN INTRAVENOUS LINE AND THE HOSPITAL JUST SAID,
YOUR DAUGHTER, YOU'RE GOING TO TAKE YOUR DAUGHTER HOME AND YOU'RE IN
CHARGE OF TAKING CARE OF HER. AND THE INSURANCE DENIED ANY KIND OF
COVERAGE. AND SO, YOU KNOW, THIS WAS A -- A WOMAN THAT -- THAT FOUGHT
HER WAY THROUGH THIS, BUT NOT EVERYBODY CAN DO THAT. SO WE'RE JUST
SAYING, YOU KNOW, IF THEY SAY THAT YOU HAVE TO HAVE NURSING CARE FOR
TWO DAYS FROM THE HOSPITAL TO GET SOMEBODY SETTLED IN, THEN THE
INSURANCE COMPANIES WILL BE COVERING THAT.
MR. GOODELL: BUT THIS BILL DOESN'T REQUIRE
INSURANCE COMPANIES TO COVER ANYTHING. IT DOESN'T CHANGE INSURANCE
COVERAGE, IT SAYS THAT THE HOSPITAL MUST ORDER THE SERVICE. SO MY
QUESTION THEN, IS, THE HOSPITAL IS DECIDING WHICH ORGANIZATION SHOULD
BE PROVIDING THE SERVICE WITHOUT NECESSARILY INPUT FROM THE PATIENT,
31
NYS ASSEMBLY FEBRUARY 11, 2020
WITHOUT NECESSARILY ENSURING THAT THE PATIENT'S INSURANCE COVERAGES --
COVERS IT. ISN'T THAT A POTENTIAL LIABILITY THEN FOR THE PATIENT THAT'S NOT
COVERED? IN OTHER WORDS, UNDER THE CURRENT SITUATION, UNDER THE
CURRENT LAW, THE HOSPITAL DOES A DISCHARGE REPORT, DISCHARGE PLAN. THEY
MEET WITH THE PATIENT. THEY SAY TO THE PATIENT, THIS IS WHAT YOU SHOULD
HAVE FOR FOLLOW-UP CARE. THEY HELP THE PATIENT ARRANGE WHAT THE
PATIENT WANTS. THEY MAKE SURE THAT IN THAT PROCESS THE PATIENT'S
INSURANCE COVERS IT OR IT'S AN EXPENSE THAT THE PATIENT CAN AFFORD. THIS
BILL TAKES THE PATIENT OUT OF PATIENT CARE AND SAYS THE HOSPITAL, NOT THE
PATIENT, THE HOSPITAL ORDERS IT AND THERE'S NO RESTRICTIONS ON THE HOSPITAL
BEING ABLE TO SELECT THEIR PREFERRED PROVIDER OR NOT, OR WHETHER THE
PATIENT CAN AFFORD IT OR NOT, OR WHETHER THEY'RE EVEN SELECTING A
PROVIDER THAT'S WITHIN THE PATIENT'S PREFERRED NETWORK OR NOT. OR
WITHOUT CONSIDERATION OF WHETHER THERE'S A HIGHER COPAY OR A LOWER
COPAY TO THE PATIENT. SHOULDN'T WE LEAVE THAT DECISION TO THE PATIENT
AND REQUIRE THE HOSPITAL DISCHARGE PLAN TO HELP THE PATIENT, BUT LEAVE
THE FINAL DECISION TO THE PATIENT?
MRS. GALEF: WELL, THIS IS A CASE IN POINT WITH LITTLE
DREAM, 11-YEAR-OLD. HER MOM GOT THE RESPONSE FROM THE INSURANCE
COMPANY THAT, WE WILL NOT COVER ANYTHING. YOU ARE TO TAKE YOUR CHILD
HOME AND TAKE CARE OF HER. SO I WOULD ASSUME THAT THROUGH THE
DISCHARGE PROCESS THAT YOU'RE GOING TO BE WORKING WITH YOUR INSURANCE
COMPANIES. FIRST OF ALL, WHEN YOU GO TO THE HOSPITAL, MANY TIMES YOU
HAVE TO BE PREAUTHORIZED, RIGHT, FOR THE OPERATION OR WHATEVER IT IS, SO
YOU'D BE WORKING WITH YOUR INSURANCE COMPANY. YOU KNOW WHETHER
32
NYS ASSEMBLY FEBRUARY 11, 2020
THEY'RE GOING TO COVER YOU OR NOT AND, YOU KNOW, YOU HAVE TO -- TO
WORK TO MAKE THAT CHANGE.
MR. GOODELL: WELL USING THAT AS AN EXAMPLE, AND
IT'S A GREAT EXAMPLE, UNDER THIS BILL, THE HOSPITAL WOULD ORDER IT, PERIOD.
ONLY LATER WOULD THE PARENTS OF THE 11-YEAR-OLD REALIZE THAT IT WASN'T
COVERED BY INSURANCE AFTER IT WAS ORDERED. SHOULDN'T THAT ANALYSIS
OCCUR UP FRONT?
MRS. GALEF: YEAH, I MEAN, IF YOU'RE IN THE
HOSPITAL, YOU -- YOU -- JUST BECAUSE SOMETHING IS ORDERED, YOU DON'T
HAVE TO USE IT. AS THE PATIENT, YOU CAN MAKE SOME OF YOUR OWN
DECISIONS.
MR. GOODELL: WELL, FOR SURE IF IT'S ORDERED --
MRS. GALEF: RIGHT.
MR. GOODELL: -- YOU'RE GOING TO END UP PAYING
FOR IT, RIGHT?
MRS. GALEF: BUT IF IT'S ORDERED, YOU DON'T HAVE TO
-- YOU HAVE THE RIGHT TO SAY NO AND NOT FOLLOW THROUGH ON THAT AS A
PATIENT. BUT IF YOU WERE A PATIENT AND WOULD PREFER TO HAVE SERVICES
PROVIDED, IN THIS INSTANCE FOR YOUR CHILD, THEN YOU'RE GOING TO FIGHT FOR
THOSE SERVICES EVEN THOUGH YOUR INSURANCE COMPANY SAID, NO, WE WILL
NOT DO THAT.
MR. GOODELL: THANK YOU, MRS. GALEF. I
APPRECIATE YOUR COMMENTS.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
33
NYS ASSEMBLY FEBRUARY 11, 2020
GOODELL.
MR. GOODELL: LAST YEAR, THIS LEGISLATURE
UNANIMOUSLY APPROVED REQUIRING HOSPITALS MAKE SURE THAT WHEN
SOMEBODY IS DISCHARGED WITH INTRAVENOUS LINES THAT THEIR CAREGIVER WAS
CAPABLE OF PROVIDING CARE. THIS BILL IS MORE THAN JUST A CHAPTER
AMENDMENT. WHAT THIS BILL NOW SAYS IS IF YOU'RE DISCHARGED FOR
ANYTHING, THE HOSPITAL HAS TO MAKE AN EVALUATION OF WHETHER OR NOT YOU
MIGHT NEED FOLLOW-UP CARE, AND THE HOSPITAL, NOT THE PATIENT, NOT THE
INDIVIDUAL, THE HOSPITAL HAS TO "ORDER SUCH SERVICES."
NOW, THERE ARE SEVERAL PROBLEMS WHEN YOU EXPAND A
GOOD IDEA THAT APPLIED TO A NARROW CIRCUMSTANCE TO EXPANDING THE
HOSPITAL'S LIABILITY AND RESPONSIBILITY TO COVER EVERYTHING. AND HERE
ARE SOME OF THE PROBLEMS: THE FIRST PROBLEM IS IF THE HOSPITAL ERRS ON
BEING CONSERVATIVE AND CAREFUL FOR YOU, THEY MAY ERR ON THE SIDE OF
ORDERING MORE THAN YOU WANT OR NEED. BUT UNLESS YOUR INSURANCE
COVERS 100 PERCENT OF THE COST, YOU, THE PATIENT, ALL OF OUR PATIENTS, WILL
GET HIT WITH A BILL, A BILL THAT THEY DID NOT ORDER, A BILL FOR SERVICES THEY
DID NOT ORDER. AND UNLESS THE HOSPITAL KNOWS THE DETAILS OF YOUR
INSURANCE --
ACTING SPEAKER AUBRY: LADIES AND
GENTLEMEN, WE ARE ON DEBATE. THAT MEANS STAFF SHOULD LEAVE THE AISLES.
I DO NOT WANT PEOPLE RUNNING AROUND TRYING TO GET SIGNATURES WHILE WE
ARE ON DEBATE.
I'M SORRY, SIR, GO AHEAD.
MR. GOODELL: IF THE HOSPITAL DOESN'T UNDERSTAND
34
NYS ASSEMBLY FEBRUARY 11, 2020
THE DETAILS OF YOUR INSURANCE POLICY, THEY MAY ORDER THE SERVICES FROM
SOMEONE WHO'S NOT IN YOUR PROVIDER NETWORK WHICH MEANS DAYS OR
WEEKS LATER, YOU GET A BILL THAT'S MUCH MORE THAN YOU SHOULD BE PAYING
HAD IT BEEN ORDERED THROUGH SOMEBODY WHO'S IN YOUR PROVIDER SERVICE.
THAT CREATES ANOTHER PROBLEM, THE THIRD PROBLEM IT CREATES. IF FOR SOME
REASON THE HOSPITAL DOESN'T ORDER THE SERVICES, WHO'S GETTING SUED? THE
HOSPITAL, WHICH IS GOING TO DRIVE UP OUR MALPRACTICE AND OUR HOSPITAL
COSTS. THE THIRD -- OR THE FOURTH ISSUE WE HAVE, THE GOVERNOR HAS
POINTED OUT TO US THAT WE'RE FACING A $6.8 BILLION MEDICAID SHORTFALL.
THE MEMO IN SUPPORT OF THIS SUGGESTS THAT THIS SYSTEM IS FREE. I CAN
ASSURE YOU IF THE HOSPITAL IS ORDERING SERVICES AND ONE-THIRD OF OUR
RESIDENTS ARE ON MEDICAID, THE COST OF THE MEDICAID PROGRAM IS GOING
TO BE SUBSTANTIAL WHICH MEANS THAT YOU AND I ARE GOING TO HAVE TO
ADDRESS HOW TO DEAL WITH EVEN LARGER MEDICAID SHORTFALLS.
SO, UNDER THE PRESENT SYSTEM, HOW DOES IT WORK?
UNDER THE PRESENT LAW, THE HOSPITAL DOES A DISCHARGE PLAN. THEY SIT
DOWN WITH THE PATIENT AND WITH THE PATIENT'S CAREGIVER. THEY EXPLAIN
WHAT THE PATIENT SHOULD HAVE IN FOLLOW-UP CARE. THEY HELP THE PATIENT
SELECT THE PATIENT'S CHOICE, THE PROVIDER THAT THE PATIENT WANTS, THE
PROVIDER THAT'S IN THE PATIENT'S NETWORK. THEY WORK WITH THE PATIENT TO
DO THAT COST-BENEFIT ANALYSIS SO THE PATIENT DOESN'T BECOME BANKRUPT
OVER SERVICES THAT THEY, THE PATIENT, DIDN'T ORDER. THAT'S THE CURRENT
SYSTEM. AND THIS BILL WOULD REPLACE IT WITH THE HOSPITAL ORDERING THE
SERVICES FOR THE PATIENT AND THE PATIENT GETTING THE BILL WITHOUT THE
PATIENT NECESSARILY AGREEING EITHER TO HIRE THOSE SERVICES OR TO HIRE THAT
35
NYS ASSEMBLY FEBRUARY 11, 2020
PARTICULAR PROVIDER. AND ONE OF THE PATIENTS, IF YOU WILL, THAT'S GOING TO
GET THAT BILL IS THE STATE OF NEW YORK BECAUSE WE KNOW THAT ONE-THIRD
OF OUR RESIDENTS QUALIFY FOR MEDICAID AND WE'RE FACING A HUGE COST
OVERRUN IN THAT FIELD.
SO, MY RECOMMENDATION IS, ENSURE THAT THE HOSPITALS
DO PROPER DISCHARGE PLANNING, NUMBER ONE. NUMBER TWO, MAKE SURE
THAT DISCHARGE PLANNING IS WITH THE PATIENT. AND, NUMBER THREE, MAKE
SURE THE PATIENT DECIDES WHO THEY HIRE AND NOT SOME THIRD-PARTY LIKE
THE HOSPITAL. FOR THOSE REASONS, EVEN THOUGH I SUPPORTED THE BILL LAST
YEAR ON INTRAVENOUS LINES WHICH WAS A NARROW, VERY SPECIFIC BILL, I
CANNOT AND WILL NOT SUPPORT A BILL THAT REQUIRES HOSPITALS TO TAKE OVER
ALL PATIENT CARE AFTER THEY LEAVE THE HOSPITAL AND TO ACTUALLY REQUIRE
THEM TO ORDER THOSE SERVICES AT THE PATIENT'S EXPENSE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. MONTESANO.
MR. MONTESANO: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MRS. GALEF, WILL YOU
YIELD?
MRS. GALEF: YES.
MR. MONTESANO: I JUST WANTED TO TAKE YOU BACK
FOR A SECOND TO CLARIFY JUST A COUPLE OF THINGS. IN CURRENT CASES WHERE A
PATIENT IS DISCHARGED HOME WITH AN IV INFUSION, WHICH IS VERY
COMMON, YOU KNOW, PEOPLE HAVE CERTAIN INFECTIONS THAT TAKE A LONG
TIME TO TREAT AND THEY GO HOME WITH AN IV LINE AND THEN THERE'S
36
NYS ASSEMBLY FEBRUARY 11, 2020
ANTIBIOTICS THAT ARE INFUSED. THAT REQUIRES A NURSE WHO USUALLY CHECKS
ON THEM OCCASIONALLY, CORRECT?
MRS. GALEF: MM-HMM, MM-HMM, YES; RIGHT.
MR. MONTESANO: BUT IF IT'S A CHILD OR -- OR
SOMEONE, THE FAMILY MEMBER LOOKS AFTER THEM, BUT THAT DOESN'T REQUIRE
AN INSURANCE REIMBURSEMENT FOR THE CAREGIVER, CORRECT? IT'S JUST FOR THE
NURSE THAT GOES THERE AND FOR THE MEDICATION THAT'S UTILIZED?
MRS. GALEF: YES. IT'S --
MR. MONTESANO: OKAY.
MRS. GALEF: -- IT'S FOR THE PERSON WHO WOULD
PROVIDE THE CARE OUTSIDE THE HOSPITAL.
MR. MONTESANO: OKAY. NOW, THIS APPLIES ALSO
TO LIKE A NURSING HOME SETTING AND THINGS OF THAT NATURE?
MRS. GALEF: WELL, I WOULD -- I WOULD -- IF THEY'VE
BEEN DISCHARGED FROM A HOSPITAL, BUT THE NURSING HOME MAY HAVE
STAFF --
MR. MONTESANO: RIGHT, TO HANDLE THE IV.
MRS. GALEF: -- THERE SO IT WOULDN'T --
MR. MONTESANO: OKAY.
MRS. GALEF: -- WOULDN'T BE THE SAME SITUATION.
MR. MONTESANO: SO I -- I JUST WANT TO GO BACK TO
ONE OF THE SUBJECTS THAT MR. -- THE PREVIOUS MEMBER QUESTIONED YOU
ABOUT. WHEN THE HOSPITAL DOES A DISCHARGE PLAN AND SAYS THAT A PATIENT
REQUIRES CERTAIN SERVICES AT HOME, WHETHER IT BE PT, OT OR A NURSE TO
LOOK IN ON THEM, SOMETHING OF THAT NATURE, USUALLY THE HOSPITAL HAS A
37
NYS ASSEMBLY FEBRUARY 11, 2020
RECORD OF THE INSURANCE PROVIDER THAT'S COVERING THAT PATIENT?
MRS. GALEF: YES, THEY WOULD.
MR. MONTESANO: OKAY. AND --
MRS. GALEF: AND THEY HAVE PROBABLY REACHED OUT
TO THAT INSURANCE PROVIDER AT THIS TIME --
MR. MONTESANO: RIGHT, AND THOSE INSURANCE --
MRS. GALEF: -- POSSIBLY.
MR. MONTESANO: -- PROVIDERS, DO THEY GENERALLY
DISCLOSE TO THE HOSPITAL, AS THEY WOULD THE PATIENT, OF WHO'S GOING TO
PROVIDE THE SERVICE, WHO'S THEIR VENDOR, SO-TO-SPEAK, TO DELIVER THOSE
SERVICES?
MRS. GALEF: I WOULD -- I WOULD ASSUME -- I WOULD
ASSUME THAT WHEN YOU'RE LEAVING THE HOSPITAL, YOU KNOW WHO'S --
WHAT'S -- IF YOU NEED NURSING SERVICES, THAT YOU WOULD KNOW WHAT
COMPANY IS COMING IN AND WHAT DAY THEY WOULD BE THERE, ARE THEY
GOING TO MEET YOU AT THE DOOR WHEN YOU GET TO YOUR HOUSE --
MR. MONTESANO: RIGHT.
MRS. GALEF: -- BECAUSE YOU HAVE --
MR. MONTESANO: RIGHT.
MRS. GALEF: -- A VERY COMPLICATED MEDICAL
SITUATION. SO, THEY'RE NOT JUST -- UNLESS -- UNLESS YOU WERE DISCHARGED
AND YOU DIDN'T NEED ANY ASSISTANCE --
MR. MONTESANO: RIGHT.
MRS. GALEF: -- FOR A WHILE, BUT YOU WOULD WORK
AND YOU -- AS -- AS A PATIENT, AND YOUR FAMILY MEMBERS, YOU WOULD
38
NYS ASSEMBLY FEBRUARY 11, 2020
WORK WITH THE INDIVIDUALS AND YOU'D TALK ABOUT WHAT KIND OF SERVICES
ARE AVAILABLE, JUST AS YOU DO RIGHT NOW IF YOU'RE LEAVING A HOSPITAL,
GOING TO A NURSING HOME. SOMETIMES YOU HAVE NO CHOICE BECAUSE --
MR. MONTESANO: RIGHT.
MRS. GALEF: -- THE NURSING HOMES ARE FILLED. BUT
IF YOU HAVE A CHOICE, YOU'RE -- YOU'RE TALKING WITH THE SOCIAL WORKER
ABOUT WHAT TYPE OF NURSING HOME, WHAT ARE YOUR PROBLEMS --
MR. MONTESANO: RIGHT.
MRS. GALEF: -- AND SO ON.
MR. MONTESANO: BUT THE TERM "ORDER" WAS
KICKED AROUND A FEW TIMES, AND THE HOSPITAL "ORDERING," YOU KNOW, A
SERVICE.
MRS. GALEF: RIGHT.
MR. MONTESANO: SO, IT'S ALMOST LIKE THEY WRITE A
DOCTOR'S ORDER OR PRESCRIPTION FOR A PARTICULAR SERVICE THAT YOU NEED
ONCE YOU GO HOME, CORRECT?
MRS. GALEF: RIGHT.
MR. MONTESANO: ALL RIGHT.
MRS. GALEF: THAT'S RIGHT. AND -- AND, AGAIN, THE
PATIENT, EVEN THOUGH THE -- A DOCTOR ORDERS THINGS, DOCTORS ORDER US TO
GET --
MR. MONTESANO: RIGHT.
MRS. GALEF: -- ALL KINDS OF EXAMS, DO WE ALWAYS
DO IT OR NOT?
MR. MONTESANO: RIGHT. OKAY.
39
NYS ASSEMBLY FEBRUARY 11, 2020
MRS. GALEF: WE DON'T ALWAYS DO IT. SO IT'S NOT A
TOTAL ORDER THAT WE HAVE TO FOLLOW.
MR. MONTESANO: BECAUSE I THINK THE BIG
QUESTION HERE IS, YOU KNOW, PROTECTING THE PATIENT FINANCIALLY IS WHEN
THE HOSPITAL WRITES AN ORDER AND EVEN ARRANGES, YOU KNOW, FOR CERTAIN
SERVICES TO BE PROVIDED, THAT IT'S KIND OF IN CONJUNCTION WITH THE
INSURANCE CARRIER AND WHAT THEY'RE GOING TO COVER OR NOT COVER. BUT IN
THE CASE WHERE WE HAVE A PATIENT WHO DOESN'T HAVE ANY COVERAGE
WHATSOEVER, THEY'RE NOT MEDICAID, THEY'RE NOT MEDICARE AND THEY DON'T
HAVE INSURANCE, WHAT ROLE DOES THE HOSPITAL TAKE AT THAT POINT? DOES
THIS BILL COVER THAT AT ALL?
MRS. GALEF: PROBABLY NOT, IT'S PROBABLY -- I MEAN,
THERE'S INDIGENT MEDICAL CARE THAT THE HOSPITAL, IF THEY DON'T HAVE
ANYTHING, THE HOSPITAL IS ALREADY TAKING CARE OF THAT. YOU KNOW,
ACTUALLY THE HOSPITAL MAY HAVE A VERY HARD TIME DISCHARGING SOMEPLACE
BECAUSE THE PERSON IS NOT COVERED MEDICALLY.
MR. MONTESANO: RIGHT.
MRS. GALEF: I MEAN, I'VE SEEN THAT HAPPEN.
MR. MONTESANO: RIGHT. OKAY.
MRS. GALEF: BUT I'M NOT, YOU KNOW, I --
MR. MONTESANO: OKAY.
MRS. GALEF: BUT, YOU KNOW, IF WE -- IF WE WERE --
IF WE'RE TALKING ABOUT MONEY, TOO, IF WE'RE TALKING ABOUT THE HOSPITAL OR
THE INDIGENT PERSON IN A HOSPITAL THAT ISN'T PAYING, IT'S LESS EXPENSIVE IF
THEY'RE IN A HOME SETTING.
40
NYS ASSEMBLY FEBRUARY 11, 2020
MR. MONTESANO: YEAH, THAT --
MRS. GALEF: FOR ALL OF US --
MR. MONTESANO: DEFINITELY, DEFINITELY.
MRS. GALEF: -- FOR MEDICAID AND EVERY OTHER
SERVICE, SO I WOULD DISAGREE WITH THE EARLIER SPEAKER. I MEAN, WE SAY
WHEN PEOPLE LEAVE HOSPITALS -- WE WANT PEOPLE TO LEAVE HOSPITALS
QUICKLY, WE DON'T WANT THEM TO STAY THERE AND GET INFECTED --
MR. MONTESANO: RIGHT.
MRS. GALEF: -- WE DON'T WANT THEM TO COME BACK.
WE WANT THEM TO GO HOME AND -- AND GET REPAIRED AND -- AND IT'S JUST
LESS EXPENSIVE. AND, AGAIN, I THINK YOU MENTIONED, SOMETIMES IT'S JUST
HAVING SOMEBODY IN ONCE A DAY TO ASSURE THAT --
MR. MONTESANO: RIGHT. RIGHT.
MRS. GALEF: -- THINGS ARE HAPPENING FOR SIX DAYS.
MR. MONTESANO: RIGHT.
MRS. GALEF: IT MAY BE THAT SOMEBODY NEEDS A
FULL-TIME PERSON, WHERE EVERY -- EVERY DISEASE AND EVERY SICKNESS IS
VERY DIFFERENT, SO --
MR. MONTESANO: RIGHT. OKAY.
MRS. GALEF: -- WHAT YOUR NEEDS ARE.
MR. MONTESANO: OKAY. THANK YOU VERY MUCH.
MRS. GALEF: OKAY. THANK YOU.
ACTING SPEAKER AUBRY: MS. REYES.
MS. REYES: THANK YOU, MR. SPEAKER. I JUST WANTED
TO LEND MY VOICE TO ADD SOME CLARITY TO WHAT IS THE DISCHARGE PROCESS
41
NYS ASSEMBLY FEBRUARY 11, 2020
WHEN A PATIENT IS GOING HOME. FIRST OF ALL, EVERY HOSPITAL IN THEIR
DISCHARGE INTERDISCIPLINARY TEAM HAS A NURSE, A CLINICAL CASE MANAGER.
AND THAT IS THE PERSON WHO IS CHARGED WITH PLACING ORDERS, NOT THE
HOSPITAL AS A WHOLE, BUT A CLINICIAN WHO, IN COLLABORATION WITH THE
PATIENT, DETERMINES WHETHER, A, THEY NEED CARE, B, WHETHER THEIR
INSURANCE COVERS THAT CARE AND, C, THEY HELP TO IDENTIFY WHATEVER
PROVIDER IS COVERED BY THAT HEALTH INSURANCE. BUT MORE IMPORTANTLY, IF
WE'RE SENDING SOMEBODY HOME WITH A CENTRAL LINE, WE WANT TO MAKE
SURE THAT THEY DON'T CATCH AN INFECTION. MANY TIMES IN ORDER FOR US TO
TREAT A LOT OF THESE SUPERBUGS REQUIRES MONTHS, WEEKS OF IV ANTIBIOTICS.
IT IS NOT COST-EFFECTIVE TO KEEP PEOPLE IN THE HOSPITAL JUST FOR ONE DAILY
INFUSION. THAT IS WHAT COSTS OUR SYSTEM MONEY.
SO, IT IS IMPORTANT FOR US TO SEND THEM HOME WITH
APPROPRIATE CARE SO THEY CAN RECEIVE THAT CARE AT HOME AND WE LESSEN
THE BURDEN ON HOSPITALS. BUT ALSO, ONE OF THE -- THE HIGHEST RATES OF
DEATH AND PREVENTABLE DEATHS AMONGST PATIENTS IS SEPSIS. SO, IF WE
SEND SOMEBODY HOME AND THE CAREGIVER OR THEIR FAMILY MEMBER IS
INCAPABLE OR UNABLE TO TAKE CARE OF THAT CENTRAL LINE APPROPRIATELY, WE
WANT TO MAKE SURE THAT THEY HAVE SOMEBODY THAT CAN OVERSEE THAT CARE
SO THEY DON'T CATCH AN INFECTION. READMISSION RATES IN HOSPITALS, WE
KNOW THAT IF A PATIENT COMES BACK AFTER BEING DISCHARGED WITHIN A
CERTAIN AMOUNT OF TIME, THAT IS A -- A -- AN UNREIMBURSED ADMISSION FOR
HOSPITALS, AND THIS IS WHERE THE SYSTEM LOSES MONEY.
I THINK THIS IS A COMMONSENSE PIECE OF LEGISLATION, I
THINK THE QUESTIONS ON THE PROCESS, IT'S BECAUSE THERE'S A
42
NYS ASSEMBLY FEBRUARY 11, 2020
MISUNDERSTANDING OF HOW THE SYSTEM WORKS. BUT I COMMEND THE
SPEAKER FOR THE -- THE SPONSOR FOR THIS LEGISLATION. I THINK IT GOES A LONG
WAY TO SAVE OUR STATE SOME MUCH-NEEDED MEDICAID DOLLARS.
ACTING SPEAKER AUBRY: ASSEMBLYMEMBER
MELISSA MILLER.
MS. MILLER: I ALSO TOLD YOU ON COMMITTEE I -- I
LOVE THIS BILL. I MEAN, I COULDN'T LOVE IT MORE REALLY BECAUSE I LIVE A
LIFE WHERE I DON'T HAVE THE CARE THAT OLIVER NEEDS AT HOME. I THINK
SOME OF THE CONFUSION AND -- AND I'M NOT, THAT'S WHY I'M ASKING, IS
WHO, YOU KNOW, WHEN YOU SAY THE HOSPITAL ORDERS, IT'S -- IT'S REALLY NOT
A HOSPITAL THAT'S ORDERING, IT WOULD BE A PHYSICIAN THAT'S STILL ORDERING,
PROBABLY YOUR OWN PHYSICIAN; IS THAT CORRECT? THE PHYSICIAN
PROVIDING THE CARE IN THE HOSPITAL.
ACTING SPEAKER AUBRY: MRS. -- MRS. GALEF,
YOU'VE BEEN ASKED TO YIELD.
MRS. GALEF: OH, YES.
MS. MILLER: I'M SORRY.
MRS. GALEF: YES, I WOULD BELIEVE IT'S ONE
PHYSICIAN OR MAYBE MULTIPLE PHYSICIANS THAT ARE WORKING WITH THE
PATIENT, AND THEN, YOU KNOW, THEY -- THEY HAVE THEIR RECOMMENDATIONS
AND GO WITH THE -- THAT'S A PART OF THE DISCHARGE PLAN --
MS. MILLER: OKAY.
MRS. GALEF: -- THAT THEY WOULD HAVE.
MS. MILLER: AND THEN FROM THAT POINT, AS YOU
POINTED OUT, IT GOES TO THE DISCHARGE PLANNER WHO IS ALREADY SHOULD BE
43
NYS ASSEMBLY FEBRUARY 11, 2020
WORKING WITH THEIR TEAM TO COORDINATE WITH YOUR INSURANCE --
MRS. GALEF: RIGHT.
MS. MILLER: -- AND WHAT YOUR NEEDS ARE. IT'S NOT
THAT THE PATIENT IS EVER LEFT OUT OF THIS AND THEY'RE JUST SAYING, HE NEEDS
THIS, SET IT UP AT HOME, THAT YOU'D BE PART OF THAT CARE TEAM; IS THAT
CORRECT?
MRS. GALEF: YOU STATED IT VERY WELL AND THE
DISCHARGE GROUPS, YOU KNOW, THEY ALMOST START I THINK AT THE TIME THAT
YOU GET INTO THE HOSPITAL THEY'RE LOOKING AT WHAT YOUR ISSUES --
MS. MILLER: RIGHT.
MRS. GALEF: -- ARE GOING TO BE, HOW MANY DAYS
YOU'RE GOING TO BE THERE AND THEY START TO PLAN FOR WHEN YOU LEAVE FOR
HOME.
MS. MILLER: RIGHT. AND I -- AND I THINK THAT'S
WONDERFUL. I KNOW WE EXPERIENCE IT ALL THE TIME. MY CONCERN, AS I
SHARED TO YOU BEFORE, IS THAT WHILE IN AN ACUTE SETTING OR FOR AN INITIAL,
YOU KNOW, TRAINING OR TREATMENT PROTOCOL, THIS IS, YOU KNOW, MAY BE
EASY TO -- TO ACCOMPLISH. IN THE TERMS OF LONGER CARE NEEDS, FINDING THE
ACTUAL PROVIDERS TO COME TO THE HOME AND PROVIDE THESE SERVICES IS A --
A SEPARATE PROBLEM IN ITSELF --
MRS. GALEF: RIGHT.
MS. MILLER: -- AND WHY MANY HOSPITALS CURRENTLY
CAN'T EVEN DISCHARGE PATIENTS. IT'S NOT JUST THAT THEY DON'T HAVE
INSURANCE OR EVEN THOSE THAT DO JUST STILL CAN'T FIND THE CARE THAT'S
NECESSARY TO ADDRESS THIS. BUT I DO -- I APPLAUD THE EFFORTS.
44
NYS ASSEMBLY FEBRUARY 11, 2020
MRS. GALEF: THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, ON THE BILL. I WANT TO COMMEND THE SPONSOR OF THIS
LEGISLATION. WHILE IT MAY SEEM LIKE IT'S NOT ENOUGH, IMPORTANT ENOUGH
TO GET SOME SPECIFICITY AROUND THIS ISSUE, IT'S, LIKE, REALLY IMPORTANT.
AND I APPRECIATE THE FACT THAT SHE MENTIONED THAT THE PATIENT WAS A
SICKLE CELL PATIENT WHICH, OFTENTIMES, CAREGIVERS, DOCTORS AND
SOMETIMES EVEN HOSPITALS DON'T EVEN RECOGNIZE SICKLE CELL SYMPTOMS.
SO, YOU REALLY DO NEED TO HAVE THE BEST OPPORTUNITY FOR
RECOMMENDATIONS ON SERVICE AFTER THEY GO HOME.
THE OTHER THING I THINK WAS FAILED TO -- WASN'T
MENTIONED HERE YET, MR. SPEAKER, I -- I HEARD THAT OUR MEDICAID COSTS
MAY GO UP IF THIS BILL IS PASSED. I REALLY KIND OF DOUBT IT. IT WAS
MENTIONED THAT EVEN THOUGH ONE-THIRD OF THE PEOPLE WHO RECEIVE
MEDICAID IN THIS STATE TEND TO BE ADULTS AND/OR CHILDREN, BUT THERE'S
TWO-THIRDS OF THEM THAT ARE SENIORS AND THEY'RE DISABLED. AND, BY THE
WAY, THEY'RE THE LARGEST PART OF THE COST; THEY'RE 75 PERCENT OF THE COST.
SO, 75 PERCENT OF THE COST IS NOT THE PEOPLE THAT WE'RE DISCUSSING WITH
THIS PIECE OF LEGISLATION RIGHT HERE NECESSARILY. AND SO, TO SUGGEST THAT
45
NYS ASSEMBLY FEBRUARY 11, 2020
THIS MIGHT INCREASE THE COST OF MEDICAID I THINK IS A LITTLE DISINGENUOUS
AND UNFAIR TO THE LEGISLATION.
SO WITH THAT, I WILL REMOVE MY OBJECTION AND VOTE IN
FAVOR OF THIS BILL.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
IN THE AFFIRMATIVE.
MR. ORTIZ TO EXPLAIN HIS VOTE.
MR. ORTIZ: THANK YOU, MR. SPEAKER. I DO ALSO
WOULD LIKE TO JOIN MY COLLEAGUE TO SUPPORT THIS BEST PIECE OF
LEGISLATION AND TO THANK THE SPONSOR, BECAUSE THIS IS -- THIS PIECE OF
LEGISLATION REALLY HIT HOME. I USED TO BE THE EXECUTIVE DIRECTOR IN A
HOME CARE -- HOME CARE PROVIDER MANY YEARS AGO BEFORE I CAME TO THE
LEGISLATURE. AND WHEN SOMEBODY WAS TRYING TO BE DISCHARGED FROM
THE HOSPITAL, SOMETIME WE WILL GET THE PHONE CALL TO TRY TO PROVIDE FOR
A CAREGIVER. AND I THINK WHEN WE TALK ABOUT COST, THIS IS THE TYPE OF
LEGISLATION THAT REALLY WOULD UPSET COSTS IF WE KEEP THE -- IF THE CARE --
THE FAMILY INSIDE THE HOME BY PROVIDING A CAREGIVER AND HOME
ATTENDANT AND HOME PROVIDER, SOMEBODY THAT WOULD TAKE CARE OF THIS
INDIVIDUAL. SO THE MEDICAID ANALYSIS IS -- IS COMPLETELY UNACCEPTABLE.
AND -- AND THE OTHER THING IS THAT THIS BILL IS COMPLETELY OVER --
OVERDUE. SO, I WILL BE VOTING IN THE AFFIRMATIVE AND I, AGAIN, THANK THE
SPONSOR FOR BRINGING THIS TO THE FLOOR.
ACTING SPEAKER AUBRY: MR. ORTIZ IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
46
NYS ASSEMBLY FEBRUARY 11, 2020
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF I COULD
INTERRUPT OUR PROCEEDINGS TO INTRODUCE A GUEST OF OUR COLLEAGUE, MR.
BUCHWALD, AND ALL THE WESTCHESTER MEMBERS. IT IS JOHN RAVITZ, HE IS
EXECUTIVE VICE PRESIDENT OF THE BUSINESS COUNCIL OF WESTCHESTER
COUNTY. MR. SPEAKER, IF YOU COULD PLEASE OFFER HIM THE CORDIALITIES OF
OUR HOUSE, AND THE ENTIRE DELEGATION FROM THE COUNCIL.
ACTING SPEAKER AUBRY: I WAS GOING TO SAY,
THAT'S A LOT OF PEOPLE, MR. BUCHWALD.
MRS. PEOPLES-STOKES: THERE'S A LOT OF PEOPLE.
ACTING SPEAKER AUBRY: ON BEHALF OF MR.
BUCHWALD, THE SPEAKER, THE ENTIRE DELEGATION FROM WESTCHESTER, WE
WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR. THANK YOU FOR COMING, THANK YOU FOR THE WORK
THAT YOU DO TO ENSURE THE ECONOMY OF WESTCHESTER COUNTY AND THE
STATE OF NEW YORK THRIVES AND PROSPERS. IT'S GREAT FOR ALL OF US. THANK
YOU SO MUCH, AND YOU'RE WELCOME TO BE HERE.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO WE
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: RESOLUTIONS, MRS.
PEOPLES-STOKES, WHICH WE WILL TAKE UP WITH ONE VOTE.
47
NYS ASSEMBLY FEBRUARY 11, 2020
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE -- ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.
MEMBERS: AYE.
ACTING SPEAKER AUBRY: YOU'RE NOT GETTING
OUT OF HERE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.
MEMBERS: AYE.
ACTING SPEAKER AUBRY: THE RESOLUTIONS ARE
ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 758-760
WERE UNANIMOUSLY APPROVED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, ON BEHALF
OF MR. OTIS, THERE WILL BE AN IMMEDIATE CONFERENCE IN THE SPEAKER'S
CONFERENCE ROOM FOR THE MINORITY MEMBERS. I NOW MOVE THAT THE
ASSEMBLY STAND -- OH --
ACTING SPEAKER AUBRY: MAJORITY MEMBERS. I
KNOW THE MINORITY WOULD LOVE TO GET IN THE SPEAKER'S CONFERENCE
ROOM.
MRS. PEOPLES-STOKES: MAJORITY MEMBERS, I'M
SORRY, I'M TIRED. I READY TO GO TO CONFERENCE.
ACTING SPEAKER AUBRY: NO PROBLEM.
(LAUGHTER)
MRS. PEOPLES-STOKES: LET'S GO TO CONFERENCE,
MR. SPEAKER.
ACTING SPEAKER AUBRY: LET'S GO TO
48
NYS ASSEMBLY FEBRUARY 11, 2020
CONFERENCE. IMMEDIATE DEMOCRATIC CONFERENCE, SPEAKER'S
CONFERENCE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW
MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL WEDNESDAY, FEBRUARY
THE 12TH, TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 3:33 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL WEDNESDAY, FEBRUARY 12TH AT 11:00 A.M., WEDNESDAY
BEING A SESSION DAY.)
49