senate Bill S1103A

Vetoed

Provides for persons whose eligibility for medical assistance is terminated to receive written notice in advance and speedy consideration of re-application

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor
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actions

  • 26 / Jan / 2009
    • REFERRED TO SOCIAL SERVICES
  • 12 / May / 2009
    • REPORTED AND COMMITTED TO HEALTH
  • 06 / Jan / 2010
    • REFERRED TO SOCIAL SERVICES
  • 20 / Jan / 2010
    • REPORTED AND COMMITTED TO HEALTH
  • 23 / Jun / 2010
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 23 / Jun / 2010
    • ORDERED TO THIRD READING CAL.1098
  • 25 / Jun / 2010
    • AMENDED ON THIRD READING 1103A
  • 28 / Jun / 2010
    • PASSED SENATE
  • 28 / Jun / 2010
    • DELIVERED TO ASSEMBLY
  • 28 / Jun / 2010
    • REFERRED TO WAYS AND MEANS
  • 30 / Jun / 2010
    • SUBSTITUTED FOR A5948A
  • 30 / Jun / 2010
    • ORDERED TO THIRD READING RULES CAL.89
  • 30 / Jun / 2010
    • PASSED ASSEMBLY
  • 30 / Jun / 2010
    • RETURNED TO SENATE
  • 20 / Sep / 2010
    • DELIVERED TO GOVERNOR
  • 01 / Oct / 2010
    • VETOED MEMO.6820

Summary

Provides for persons whose eligibility for medical assistance is terminated to receive thirty days written notice in advance of the effective date of such termination and consideration of re-application for medical assistance within thirty days of submission of re-application.

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Bill Details

See Assembly Version of this Bill:
A5948A
Versions:
S1103
S1103A
Legislative Cycle:
2009-2010
Law Section:
Social Services Law
Laws Affected:
Amd §22, Soc Serv L
Versions Introduced in 2007-2008 Legislative Cycle:
S1502, A4717, S1502

Sponsor Memo

BILL NUMBER:S1103A

TITLE OF BILL:
An act
to amend the social services law, in relation to notice and expedited
re-application in cases of the termination of medical assistance
eligibility

PURPOSE:
To require the Office of Administrative Hearings (OAH) and the Office
of Temporary and Disability Assistance (OTDA) to provide to an
individual whose medical assistance has been terminated, notice of
effective coverage end date. The bill also provides 30 days for an
individual to notify OTDA of intent to appeal the determination
before enrollment is terminated.

SUMMARY OF PROVISIONS:
Section 1 amends subdivision 8 of section 22 of the social services
law, to require that for all persons whose eligibility for medical
assistance has been terminated to be notified in writing of the
effective date of end of coverage. Such individuals will also be
provided with information on their right to an appeal and how to
undertake such process. An individual will have at least 30 days to
notify OTDA of his/her intent to appeal the determination before
enrollment is terminated. If the individual has been found guilty of
fraud, the 30-day time period does not apply.

Section 2 provides for an immediate effective date.

EXISTING LAW:
Currently, OTDA and OAH require individuals to attend a scheduled
hearing about the termination of their Medicaid coverage. If the
individual misses the appointment for any reason, the missed hearing
could result in a default hearing, whereby an individual's Medicaid
coverage is terminated without further notice.

JUSTIFICATION:
If an individual's Medicaid coverage is terminated, he/she must
undergo an arduous re-application procedure which may take from 30-60
days before being decided upon. The individual will be without
coverage during this period, and depending on his/her medical needs,
could be kept from receiving medication and treatment for serious
medical conditions. This legislation is intended to provide
individuals who have missed their scheduled hearing with written
notification of their Medicaid termination date. Furthermore, it will
provide means for an individual to appeal the termination before it
goes into effect, which may prevent the individual from being left
without critical medical services.

LEGISLATIVE HISTORY:

2007-08: S.1502 - Died in Committee
2007-08: A.4717 - Passed Assembly
2005-06: S.9674 - Referred to Rules
2003-04: S.5706/A.5559 - Died in Committee
2002: A.3237 - Passed Assembly
2001: A.3237 - Died in Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1103--A
    Cal. No. 1098

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by  Sens. DILAN, ADAMS, BRESLIN, DIAZ, DUANE, HASSELL-THOMP-
  SON, HUNTLEY, KRUEGER, MONTGOMERY, ONORATO, PARKER,  SAMPSON,  SAVINO,
  SCHNEIDERMAN, SERRANO, STAVISKY -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Social Services --
  recommitted to the Committee on Social  Services  in  accordance  with
  Senate  Rule 6, sec. 8 -- committee discharged and said bill committed
  to the Committee on Health  --  committee  discharged  and  said  bill
  committed  to  the  Committee  on Rules -- ordered to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN ACT to amend the social services law, in relation to notice and expe-
  dited re-application in cases of the termination of medical assistance
  eligibility

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 8 of section 22 of the social services law,  as
added by chapter 473 of the laws of 1978, is amended to read as follows:
  8.  The department shall promulgate such regulations, not inconsistent
with federal or  state  law,  as  may  be  necessary  to  implement  the
provisions  of  this section. Such regulations shall require that a copy
of all decisions made concerning appeals pursuant to this section  shall
be sent to each party to such appeals and their representatives, if any.
SUCH  REGULATIONS  SHALL ALSO REQUIRE THAT PERSONS WHOSE ELIGIBILITY FOR
MEDICAL ASSISTANCE IS TERMINATED BE NOTIFIED IN WRITING OF THE EFFECTIVE
DATE OF SUCH TERMINATION AND BE PROVIDED WITH INFORMATION ON THEIR RIGHT
TO AN APPEAL AND HOW TO UNDERTAKE SUCH  PROCESS.  THE  INDIVIDUAL  SHALL
HAVE  AT  LEAST  THIRTY DAYS TO NOTIFY THE DEPARTMENT OF THEIR INTENT TO
APPEAL THE DETERMINATION BEFORE ENROLLMENT IS TERMINATED; PROVIDED  THAT
IN AN INSTANCE WHERE A PERSON HAS BEEN FOUND GUILTY OF FRAUD, SUCH THIR-
TY DAY TIME PERIOD SHALL NOT APPLY.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05014-03-0

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