As we reported last week, as part of his 2014-15 New York State Executive Budget, Governor Cuomo proposed language similar to the Nurse Practitioners Modernization Act (NPMA).  Of all the Title 8 professions, nurse practitioners were the only ones whose needs were addressed in the Governor's Budget; a strong recognition by the Governor that ensuring access to quality health care is a priority.

In general, the Executive's proposal is very similar to the NPMA that the NPA has been supporting.  Specifically, this proposal provides that:

• Newly certified NPs (defined as having practiced less than 3600 hours) must initially have a written practice agreement ("WPA") that is signed by a physician, just like the current standard. Similarly, the requirements for the newly certified NP would not change (e.g.: provisions regarding chart review and written practice protocols).
• The new law would, however, provide for flexibility during the first phase of an NP's career. If, while the newly certified NP has a WPA, the WPA is terminated because the collaborating physician moves, retires, is no longer qualified to practice medicine, dies, or for some other reason opts to no longer collaborate due to no fault on the part of the NP, and the NP is unable to enter into a new WPA with a physician, the NP may enter into a WPA with an experienced NP. This NP to NP WPA may stay in effect for 6 months at the outset, and may be continued for an additional 6 months with the State Education Department's approval.
• Experienced nurse practitioners (having practiced for more than 3600 hours) would not be subject to the written practice agreement or practice protocol requirements.  However, in the course of practice, experienced NPs would still have collaborative relationships with physicians or hospitals, and the NP would have some record keeping requirement with regards to these relationships.

What happens next?

• Joint Budget hearings are underway, and the Higher Education Budget hearing is scheduled for February 6th.
• Both the Assembly and Senate will propose One House Budget Bills in March.
• Negotiations between the two houses of the Legislature and the Governor will continue throughout March with the plan being to have an agreed to and adopted budget before April 1.

This process is very fluid and the language is subject to revision or even being excluded outright from the budget. The NPA's Governmental Affairs Committee and Team are working diligently to ensure the proposal makes meaningful change for access to NP-partnered care while being political viable. We will keep members updated with developments and if any action is required.

We also ask that you SAVE THE DATE for Capitol Day 2014 which will be held on Tuesday, May 6th, 2014 in Albany, NY. More information and registration information will be coming soon on our website at www.thenpa.org (There will be no registration fees for this event and NPA members can attend free of charge).

As always, feel free to contact us at info@thenpa.org.

Sincerely,

Denis Tarrant, MS, ANPJoy Elwell, DNP, FNP, FAANP
President Governmental Affairs Chair & Treasurer