senate Bill S5889C

Amended

Relates to calculating social services district medical assistance expenditure amounts

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Bill Status


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

  • 14 / Sep / 2011
    • REFERRED TO RULES
  • 21 / Sep / 2011
    • AMEND AND RECOMMIT TO RULES
  • 21 / Sep / 2011
    • PRINT NUMBER 5889A
  • 23 / Sep / 2011
    • AMEND AND RECOMMIT TO RULES
  • 23 / Sep / 2011
    • PRINT NUMBER 5889B
  • 04 / Jan / 2012
    • REFERRED TO SOCIAL SERVICES
  • 18 / Jan / 2012
    • AMEND AND RECOMMIT TO SOCIAL SERVICES
  • 18 / Jan / 2012
    • PRINT NUMBER 5889C
  • 24 / Jan / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 08 / Jun / 2012
    • PRINT NUMBER 5889D

Summary

Relates to calculating social services district medical assistance expenditure amounts.

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Bill Details

See Assembly Version of this Bill:
A8644A
Versions:
S5889
S5889A
S5889B
S5889C
S5889D
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Social Services
Laws Affected:
Amd Part C ยงยง1 & 2, Chap 58 of 2005

Votes

4
0
4
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
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Sponsor Memo

BILL NUMBER:S5889C

TITLE OF BILL:
An act
to amend chapter 58 of the laws of 2005, relating to authorizing
reimbursements for expenditures made by or on behalf of social services
districts for medical assistance for needy persons and the
administration thereof, in relation to calculating social services
district medical assistance expenditure amounts

PURPOSE:
This bill provides for an immediate freeze of local contributions to
the cost of Medicaid followed by the gradual state assumption of all
nonfederal Medicaid costs over an 8 year period.

SUMMARY OF PROVISIONS:
Sections 1 and 2 of Part C of Chapter 58 of the Laws of 2005 are
amended to provide a phased takeover of the local share of Medicaid
costs.

JUSTIFICATION:
Since the enactment of the Medicaid program in 1965, local social
service districts (counties and the City of New York) have been
required to share in both the cost and administrative operation of
the program.
Over the years, the cost of the program has grown exponentially while
responsibility for program design and administration has been
gradually shifted to the state. By 2016, all administrative
responsibility for Medicaid will be assumed by the state.

Despite this shift of responsibility, county and New York City
governments continue to be required to contribute a significant share
of the total program cost. Currently, counties and New York City pay
approximately $7.3 billion per year and under existing law, these
costs will continue to increase by 3% each year. With the recently
enacted 2% cap on property taxes, counties simply cannot continue to
meet this state mandate without slashing other essential local
services such as senior services, veteran's services, law
enforcement, parks, and road maintenance.

This legislation provides for the gradual assumption of the current
local shares starting with an immediate freeze on local contributions
effective January 1, 2012. On October 1, 2012, local contributions
will be reduced by 5%. Additional reductions will be made in the
subsequent years ending the with the full assumption of local
Medicaid costs in 2019.

The timing of this legislation is designed to take advantage of
changes that may be required by the federal Affordable Care Act as
well as state actions being implemented or planned by the Governor's
Medicaid Redesign Team. Given the phased nature of the takeover,
there is ample time for the Governor and Legislature to develop and
consider changes to the program that may be required to maintain
program compliance with federal law as well as affordability to the
state.


LEGISLATIVE HISTORY:
New bill.

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
________________________________________________________________________

                                 5889--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                           September 14, 2011
                               ___________

Introduced  by  Sens.  GALLIVAN,  McDONALD,  RANZENHOFER, ALESI, AVELLA,
  BALL, BONACIC, CARLUCCI, FARLEY,  GOLDEN,  GRIFFO,  GRISANTI,  LARKIN,
  LIBOUS,  MAZIARZ,  MONTGOMERY, NOZZOLIO, O'MARA, OPPENHEIMER, RITCHIE,
  SEWARD, VALESKY, YOUNG -- read twice and  ordered  printed,  and  when
  printed  to  be  committed  to  the  Committee  on  Rules -- 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 -- recommitted
  to the Committee on Social Services in accordance with Senate Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend chapter 58 of the laws of 2005, relating to  authorizing
  reimbursements  for  expenditures  made  by  or  on  behalf  of social
  services districts for medical assistance for needy  persons  and  the
  administration  thereof,  in  relation  to calculating social services
  district medical assistance expenditure amounts

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

  Section  1.  Subdivisions (c) and (d) of section 1 and subdivision (b)
of section 2 of part C of chapter 58 of the laws of  2005,  relating  to
authorizing  reimbursements  for  expenditures  made  by or on behalf of
social services districts for medical assistance for needy  persons  and
the administration thereof, are amended to read as follows:
  (c)  Commencing  with  the  calendar  year  beginning January 1, 2006,
calendar year social services district  medical  assistance  expenditure
amounts  for each social services district shall be calculated by multi-
plying the results of the calculations performed pursuant to [paragraph]
SUBDIVISION (b) of this section by a  non-compounded  trend  factor,  as
follows:
  (i) 2006 (January 1, 2006 through December 31, 2006):  3.5%;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13008-10-2

S. 5889--C                          2

  (ii)  2007  (January 1, 2007 through December 31, 2007):  6.75% (3.25%
plus the prior year's 3.5%);
  (iii)  2008  (January  1,  2008 through December 31, 2008):  9.75% (3%
plus the prior year's 6.75%);
  (iv) 2009 (January 1, 2009  through  December  31,  2009)[,  and  each
succeeding calendar year: prior year's trend factor percentage plus 3%]:
12.75% (3% PLUS THE PRIOR YEAR'S 9.75%);
  (V)  2010 (JANUARY 1, 2010 THROUGH DECEMBER 31, 2010): 15.75% (3% PLUS
THE PRIOR YEAR'S 12.75%);
  (VI) 2011 (JANUARY 1, 2011 THROUGH DECEMBER 31, 2011): 18.75% (3% PLUS
THE PRIOR YEAR'S 15.75%);
  (VII) FIRST THREE-QUARTERS OF 2012 (JANUARY 1, 2012 THROUGH  SEPTEMBER
30, 2012): 18.75% (NO CHANGE FROM PRIOR YEAR'S 18.75%);
  (VIII)  LAST  QUARTER  OF  2012  (OCTOBER 1, 2012 THROUGH DECEMBER 31,
2012): 13.75% (5% SUBTRACTED FROM THE PREVIOUS PERIOD'S 18.75%);
  (IX) 2013 (JANUARY 1, 2013 THROUGH  DECEMBER  31,  2013):  13.75%  (NO
CHANGE FROM THE PRIOR QUARTER'S 13.75%);
  (X)  2014  (JANUARY  1,  2014  THROUGH  DECEMBER 31, 2014): 0% (13.75%
SUBTRACTED FROM THE PRIOR YEAR'S 13.75%);
  (XI) 2015 (JANUARY 1, 2015  THROUGH  DECEMBER  31,  2015):  -16%  (16%
SUBTRACTED FROM THE PRIOR YEAR'S 0%);
  (XII)  2016  (JANUARY  1,  2016  THROUGH DECEMBER 31, 2016): -34% (18%
SUBTRACTED FROM THE PRIOR YEAR'S -16%);
  (XIII) 2017 (JANUARY 1, 2017 THROUGH DECEMBER  31,  2017):  -54%  (20%
SUBTRACTED FROM THE PRIOR YEAR'S -34%);
  (XIV)  2018  (JANUARY  1,  2018  THROUGH DECEMBER 31, 2018): -76% (22%
SUBTRACTED FROM THE PRIOR YEAR'S -54%);
  (XV) 2019 (JANUARY 1,  2019  THROUGH  DECEMBER  31,  2019),  AND  EACH
SUCCEEDING  CALENDAR  YEAR:  -100%  (24% SUBTRACTED FROM THE -76% OF THE
YEAR 2018).
  (d) The base year expenditure amounts calculated  pursuant  to  [para-
graph]  SUBDIVISION  (b)  of  this  section and the calendar year social
services district expenditure amounts calculated pursuant to [paragraph]
SUBDIVISION (c) of this section shall be  converted  into  state  fiscal
year  social  services  district expenditure cap amounts for each social
services district such that  each  such  state  fiscal  year  amount  is
proportional  to  the  portions  of  the  two calendar years within each
fiscal year, as follows:
  (i) fiscal year 2005-2006 (April 1, 2005 through March 31, 2006):  75%
of the base year amount plus 25% of the 2006 calendar year amount;
  (ii) fiscal year 2006-2007 (April 1, 2006 through March 31, 2007): 75%
of  the  2006  year  calendar  amount plus 25% of the 2007 calendar year
amount;
  (iii) FISCAL YEAR 2007-2008 (APRIL 1, 2007 THROUGH  MARCH  31,  2008):
75%  OF THE 2007 YEAR CALENDAR AMOUNT PLUS 25% OF THE 2008 CALENDAR YEAR
AMOUNT;
  (IV) FISCAL YEAR 2008-2009 (APRIL 1, 2008 THROUGH MARCH 31, 2009): 75%
OF THE 2008 YEAR CALENDAR AMOUNT PLUS 25%  OF  THE  2009  CALENDAR  YEAR
AMOUNT;
  (V)  FISCAL YEAR 2009-2010 (APRIL 1, 2009 THROUGH MARCH 31, 2010): 75%
OF THE 2009 YEAR CALENDAR AMOUNT PLUS 25%  OF  THE  2010  CALENDAR  YEAR
AMOUNT;
  (VI) FISCAL YEAR 2010-2011 (APRIL 1, 2010 THROUGH MARCH 31, 2011): 75%
OF  THE  2010  YEAR  CALENDAR  AMOUNT PLUS 25% OF THE 2011 CALENDAR YEAR
AMOUNT;

S. 5889--C                          3

  (VII) FISCAL YEAR 2011-2012 (APRIL 1, 2011 THROUGH  MARCH  31,  2012):
100% OF THE 2011 YEAR CALENDAR AMOUNT;
  (VIII)  FISCAL  YEAR 2012-2013 (APRIL 1, 2012 THROUGH MARCH 31, 2013):
50% OF THE 2011 YEAR CALENDAR AMOUNT PLUS 50% OF THE 2013 CALENDAR  YEAR
AMOUNT;
  (IX) FISCAL YEAR 2013-2014 (APRIL 1, 2013 THROUGH MARCH 31, 2014): 75%
OF  THE  2013  YEAR  CALENDAR  AMOUNT PLUS 25% OF THE 2014 CALENDAR YEAR
AMOUNT;
  (X) FISCAL YEAR 2014-2015 (APRIL 1, 2014 THROUGH MARCH 31, 2015):  75%
OF  THE  2014  YEAR  CALENDAR  AMOUNT PLUS 25% OF THE 2015 CALENDAR YEAR
AMOUNT;
  (XI) each succeeding fiscal year: 75% of the first calendar year with-
in that fiscal year's amount plus 25% of the second calendar year within
that fiscal year's amount.
  (b) Notwithstanding any provisions of state or local law, ordinance or
resolution to the contrary:
  (i) A social services district shall exercise the option described  in
this  section through the adoption of a resolution by its local legisla-
tive body, in the form set forth in  [subparagraph]  PARAGRAPH  (ii)  of
this [paragraph] SUBDIVISION, to elect the medical assistance reimburse-
ment  methodology  set  forth  in  [paragraph]  SUBDIVISION  (a) of this
section and to elect the tax intercept methodology set forth in subdivi-
sion (f) of section 1261 of the tax law or subdivision  (g)  of  section
1261 and [subdivision] SUBSECTION (h) of section 1313 of the tax law, as
applicable.  A social services district, acting through its local legis-
lative body, is hereby authorized to adopt such  a  resolution.  Such  a
resolution shall be effective only if it is adopted exactly as set forth
in  [subparagraph]  PARAGRAPH  (ii)  of  this [paragraph] SUBDIVISION no
later than September 30, 2007, and a certified copy of  such  resolution
is  mailed to the commissioner of health by certified mail by such date.
The commissioner of health shall, no later than October 31, 2007, certi-
fy to the commissioner of taxation and finance a list  of  those  social
services  districts  which  have  elected  the  option described in this
section. A social services district shall have  [no]  THE  authority  to
rescind the exercise of the option described in this section THROUGH THE
ADOPTION  OF A RESOLUTION BY ITS LOCAL LEGISLATIVE BODY, IN THE FORM SET
FORTH IN PARAGRAPH (III) OF THIS  SUBDIVISION,  TO  ELECT  TO  CEASE  TO
PARTICIPATE  IN  THE  MEDICAL  ASSISTANCE  REIMBURSEMENT METHODOLOGY SET
FORTH IN SUBDIVISION (A) OF THIS SECTION AND TO ELECT TO  CEASE  TO  USE
THE  TAX  INTERCEPT METHODOLOGY SET FORTH IN SUBDIVISIONS (F) AND (G) OF
SECTION 1261 OF THE TAX LAW OR SUBSECTION (H) OF SECTION 1313 OF THE TAX
LAW, AS APPLICABLE. A SOCIAL SERVICES DISTRICT, ACTING THROUGH ITS LOCAL
LEGISLATIVE BODY, IS HEREBY AUTHORIZED TO ADOPT SUCH A RESOLUTION.  SUCH
A  RESOLUTION  SHALL  BE  EFFECTIVE ONLY IF IT IS ADOPTED EXACTLY AS SET
FORTH IN PARAGRAPH (III) OF THIS SUBDIVISION NO LATER THAN SEPTEMBER 30,
2013, AND A CERTIFIED COPY OF SUCH RESOLUTION IS MAILED TO  THE  COMMIS-
SIONER  OF  HEALTH  BY  CERTIFIED MAIL BY SUCH DATE. THE COMMISSIONER OF
HEALTH SHALL, NO LATER THAN OCTOBER 31, 2013, CERTIFY TO THE COMMISSION-
ER OF TAXATION AND FINANCE A LIST OF  THOSE  SOCIAL  SERVICES  DISTRICTS
WHICH  HAVE  ELECTED  TO  CEASE PARTICIPATION IN THE OPTION DESCRIBED IN
THIS SECTION.
  (ii) Form of resolution.
  Be it enacted by the (county or city) of (insert locality's  name)  as
follows:
  Section  one.  The (county or city) of (insert locality's name) hereby
elects the medical assistance reimbursement option and revenue intercept

S. 5889--C                          4

for Medicaid purposes described in section 2 of chapter (fill in chapter
number) of the laws of 2005.
  Section 2. This resolution shall take effect immediately.
  (III) FORM OF RESOLUTION.
  BE  IT  ENACTED BY THE (COUNTY OR CITY) OF (INSERT LOCALITY'S NAME) AS
FOLLOWS:
  SECTION ONE. THE (COUNTY OR CITY) OF (INSERT LOCALITY'S  NAME)  HEREBY
CEASES  TO ELECT THE MEDICAL ASSISTANCE REIMBURSEMENT OPTION AND REVENUE
INTERCEPT FOR MEDICAID PURPOSES DESCRIBED IN SECTION 1 OF CHAPTER  (FILL
IN CHAPTER NUMBER) OF THE LAWS OF 2012.
  SECTION 2. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY.
  S 2. This act shall take effect immediately.

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