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.