Bill Text: NY A05980 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides for automatic enrollment and recertification simplification for Medicaid managed care plans and long term care plans.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-04-02 - amended by restoring to previous print 5980a [A05980 Detail]

Download: New_York-2023-A05980-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5980--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 24, 2023
                                       ___________

        Introduced  by  M.  of A. PAULIN, DINOWITZ, BICHOTTE HERMELYN, SAYEGH --
          read once and referred to the Committee  on  Health  --  reported  and
          referred  to  the Committee on Ways and Means -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the social services law, in relation to  recertification
          simplification for Medicaid eligible recipients

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (b) of subdivision 2  of  section  366-a  of  the
     2  social  services  law,  as added by section 51 of part A of chapter 1 of
     3  the laws of 2002, is amended to read as follows:
     4    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
     5  sion,  an  applicant or recipient may attest to the amount of his or her
     6  accumulated resources, unless such applicant  or  recipient  is  seeking
     7  medical  assistance  payment  for  long term care services for the first
     8  time. A recipient who has already provided  documentation  of  resources
     9  may attest to the amount of accumulated resources if it has remained the
    10  same  or is less than the amount originally documented.  For purposes of
    11  this paragraph, long term care  services  shall  mean  care,  treatment,
    12  maintenance,  and services described in paragraph (b) of subdivision [1]
    13  one of section three hundred  sixty-seven-f  of  this  title,  with  the
    14  exception  of  short term rehabilitation, as defined by the commissioner
    15  of health.
    16    § 2. Paragraph (d) of subdivision 5 of section  366-a  of  the  social
    17  services  law,  as  amended by section 12 of part D of chapter 56 of the
    18  laws of 2013, is relettered paragraph (e) and three new paragraphs  (f),
    19  (g) and (h) are added to read as follows:
    20    (f)  Notwithstanding  paragraph (b) of subdivision two of this section
    21  and paragraphs (a), (b), (c) and (d) of this subdivision, the  following

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02420-06-3
        A. 5980--B                          2

     1  recipients  will  be  recertified automatically, unless there has been a
     2  finding of lack of eligibility for Medicaid:
     3    (i)  enrollees  in Medicaid managed long term care plans as defined in
     4  section forty-four hundred three-f of the public health law;
     5    (ii) enrollees in Medicaid managed care plans as  defined  in  section
     6  three  hundred  sixty-four-j  of  this  title  who receive personal care
     7  services pursuant to paragraph (e) of subdivision two of  section  three
     8  hundred sixty-five-a of this title or consumer directed personal assist-
     9  ance  services  pursuant  to  section three hundred sixty-five-f of this
    10  title;
    11    (iii) enrollees receiving Medicaid in the  Aged,  Blind  and  Disabled
    12  category  who  receive  fixed  income  from the Social Security Adminis-
    13  tration (SSA); and
    14    (iv) Medicare Savings Program (MSP) recipients who have a fixed income
    15  from the Social Security Administration (SSA).
    16    (g) Nothing in paragraph (e) of this subdivision should  be  construed
    17  to  alter a Medicaid recipient's obligation to inform the public welfare
    18  district of changes in income or other factors that might impact  eligi-
    19  bility pursuant to subdivision four of this section.
    20    (h)  Upon  a  finding of lack of eligibility, recipients identified in
    21  paragraph (e) of this subdivision will be entitled to notice and hearing
    22  rights as provided in section twenty-two of this chapter.
    23    § 3. This act shall take effect on the one hundred eightieth day after
    24  it shall have become a law. Effective immediately, the  commissioner  of
    25  health  shall  make regulations and take other actions reasonably neces-
    26  sary to implement this act on that date. Provided,  further,  that  this
    27  act  shall  only  take  effect  when the federal center for Medicaid and
    28  Medicare services (CMS) approves in writing to the state commissioner of
    29  health that the changes do not affect federal  financial  participation;
    30  provided  that  the  commissioner of health shall notify the legislative
    31  bill drafting commission upon the occurrence of  the  enactment  of  the
    32  legislation  provided  for  in this act in order that the commission may
    33  maintain an accurate and timely effective data base of the official text
    34  of the laws of the state of New York in furtherance of effectuating  the
    35  provisions  of section 44 of the legislative law and section 70-b of the
    36  public officers law.