Bill Text: NY S02989 | 2009-2010 | General Assembly | Introduced


Bill Title: Authorizes local social services to choose which state-required but not federally-required medicaid services to provide to eligible persons and which categories of eligibility to cover; directs the commissioner of health to apply for necessary waivers, promulgate rules and regulations, and establish necessary procedures.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HEALTH [S02989 Detail]

Download: New_York-2009-S02989-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2989
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     March 9, 2009
                                      ___________
       Introduced  by  Sens.  RANZENHOFER, LARKIN, SKELOS, VOLKER -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on Social Services
       AN ACT to amend the social services law, in relation to  allowing  local
         social  services  districts  discretion  to  provide  certain medicaid
         services and to cover certain categories of eligibility
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  365-a  of  the social services law is amended by
    2  adding a new subdivision 8 to read as follows:
    3    8. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS  SECTION  OR  OF
    4  ANY  OTHER  PROVISION  OF  THIS  CHAPTER OR OTHER LAW, EACH LOCAL SOCIAL
    5  SERVICES DISTRICT IS HEREBY  AUTHORIZED  TO  DETERMINE  WHICH,  IF  ANY,
    6  SERVICES  IT  CHOOSES  TO  PROVIDE TO ELIGIBLE PERSONS OF THOSE SERVICES
    7  OTHERWISE REQUIRED TO BE  PROVIDED  BY  APPLICABLE  STATE  LAW  BUT  NOT
    8  REQUIRED TO BE PROVIDED BY FEDERAL LAW.
    9    S 2. Section 366 of the social services law is amended by adding a new
   10  subdivision 10 to read as follows:
   11    10.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF THIS SECTION OR OF
   12  ANY OTHER PROVISION OF THIS CHAPTER OR  OTHER  LAW,  EACH  LOCAL  SOCIAL
   13  SERVICES  DISTRICT  IS  HEREBY AUTHORIZED TO DETERMINE TO WHICH, IF ANY,
   14  CATEGORIES OF ELIGIBILITY  IT  CHOOSES  TO  PROVIDE  MEDICAL  ASSISTANCE
   15  OTHERWISE  REQUIRED  TO  BE  PROVIDED  BY  APPLICABLE  STATE LAW BUT NOT
   16  REQUIRED TO BE PROVIDED BY FEDERAL LAW.
   17    S 3. The commissioner of health:
   18    1.  is authorized and directed to apply for any and all federal  waiv-
   19  ers  required  to  implement  the provisions of subdivision 8 of section
   20  365-a and subdivision 10 of section 366 of the social services law;
   21    2. shall promulgate any and all rules and  regulations  and  take  any
   22  other measures necessary to implement this act, including but not limit-
   23  ed  to  developing  a services and eligibility plan and distributing the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03980-01-9
       S. 2989                             2
    1  same to local social services districts whereby such districts may  make
    2  such  choices  as  are  authorized by subdivision 8 of section 365-a and
    3  subdivision 10 of section 366 of the social services law,  as  added  by
    4  sections  one and two, respectively, of this act, and applicable federal
    5  waivers; and
    6    3. shall specify dates by which such services  and  eligibility  plans
    7  must  be returned to said commissioner for review and approval to imple-
    8  ment such plans. A district that does not have an approved plan  by  the
    9  deadline set therefor by the commissioner shall provide all services and
   10  categories  of eligibility required under the state plan as in effect at
   11  that time.
   12    S 4. This act shall take effect immediately.
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