senate Bill S1697

Authorizes local social services districts to choose which state- but not federally-required medicaid services to provide and categories of eligibility to cover

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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

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A2033
Versions:
S1697
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Amd §§365-a & 366, Soc Serv L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1813, A2285
2009-2010: S2989, A6777
2007-2008: A4677A

Sponsor Memo

BILL NUMBER:S1697

TITLE OF BILL: 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

PURPOSE: OF THE BILL: This bill authorizes local Social Services
Districts to choose which state-required, but not federally-required,
Medicaid services to provide and categories of eligibility to cover.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 - Amends § 365-a of the
Social Services Law by adding a new subdivision 10 to authorize each
Local Social Services District to determine which, if any,
state-required but not federally-required services it will provide.

Section 2 - Amends § 366 of the Social Services Law by adding a new
subdivision 10 to authorize each Local Social Services District to
determine which, if any, state-required but not federally-required
categories of eligibility to cover.

Section 3 - Authorizes the Commissioner of Health to apply for all
federal waivers that are required to implement the provisions. In
addition the Commissioner shall promulgate any and all rules and
regulations necessary to implement the provisions. Further, the
Commissioner shall specify dates by which such services and
eligibility plans must be returned to the Commissioner for review and
approval to implement the plans. A district that does not have an
approved plan by the deadline, shall provide all services and
categories of eligibility required under the state plan that is in
effect at that time.

Section 4 - Effective date.

JUSTIFICATION: Currently there are federally-required and
state-required Medicaid services that each county of New York must
provide to its citizens. There is little doubt that both
federally-required and state-required Medicaid services and categories
of eligibility have put a strain on county budgets. In recent months
County officials from all over the state have suggested that allowing
each county to determine their own Medicaid program services and
categories of eligibility will enable them to tailor the services they
provide to the population they serve, thus allowing for cost savings.
This bill allows each county to tailor its Medicaid program to fit the
needs of its population by choosing which state-required services and
categories of eligibility to provide. If a county does not have an
approved plan by the date specified by the Commissioner of Health, the
county will be required to provide the services and categories of
eligibility that are required by state law at that time.

PRIOR LEGISLATIVE HISTORY: 2005-2006: S.3539/A.5464 2007 -
S.3295/A.4677 -- HEALTH/Social Services 2008 - S.3295-A/A.4677-A
SOCIAL SERV/CHILD & FAM/Social Services 2010 - S.2989/A.6777 --
HEALTH/Social Services 2011-2012 - S.1813/A.2285 -- SOCIAL SERV/Social
Services


FISCAL IMPLICATIONS: Yet to be determined. Cost savings to both
counties and the State are expected.

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
________________________________________________________________________

                                  1697

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. RANZENHOFER, DeFRANCISCO, GALLIVAN, LARKIN, MAZIARZ,
  SEWARD  --  read  twice  and  ordered  printed, and when printed to be
  committed to the Committee on Health

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:

  Section  1.  Section  365-a  of  the social services law is amended by
adding a new subdivision 10 to read as follows:
  10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION  OR  OF
ANY  OTHER  PROVISION  OF  THIS  CHAPTER OR OTHER LAW, EACH LOCAL SOCIAL
SERVICES DISTRICT IS HEREBY  AUTHORIZED  TO  DETERMINE  WHICH,  IF  ANY,
SERVICES  IT  CHOOSES  TO  PROVIDE TO ELIGIBLE PERSONS OF THOSE SERVICES
OTHERWISE REQUIRED TO BE  PROVIDED  BY  APPLICABLE  STATE  LAW  BUT  NOT
REQUIRED TO BE PROVIDED BY FEDERAL LAW.
  S 2. Section 366 of the social services law is amended by adding a new
subdivision 10 to read as follows:
  10.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF THIS SECTION OR OF
ANY OTHER PROVISION OF THIS CHAPTER OR  OTHER  LAW,  EACH  LOCAL  SOCIAL
SERVICES  DISTRICT  IS  HEREBY AUTHORIZED TO DETERMINE TO WHICH, IF ANY,
CATEGORIES OF ELIGIBILITY  IT  CHOOSES  TO  PROVIDE  MEDICAL  ASSISTANCE
OTHERWISE  REQUIRED  TO  BE  PROVIDED  BY  APPLICABLE  STATE LAW BUT NOT
REQUIRED TO BE PROVIDED BY FEDERAL LAW.
  S 3. The commissioner of health:
  1.  is authorized and directed to apply for any and all federal  waiv-
ers  required  to  implement the provisions of subdivision 10 of section
365-a and subdivision 10 of section 366 of the social services law;
  2. shall promulgate any and all rules and  regulations  and  take  any
other measures necessary to implement this act, including but not limit-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04834-01-3

S. 1697                             2

ed  to  developing  a services and eligibility plan and distributing the
same to local social services districts whereby such districts may  make
such  choices  as  are authorized by subdivision 10 of section 365-a and
subdivision  10  of  section 366 of the social services law, as added by
sections one and two, respectively, of this act, and applicable  federal
waivers; and
  3.  shall  specify  dates by which such services and eligibility plans
must be returned to said commissioner for review and approval to  imple-
ment  such  plans. A district that does not have an approved plan by the
deadline set therefor by the commissioner shall provide all services and
categories of eligibility required under the state plan as in effect  at
that time.
  S 4. This act shall take effect immediately.

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