senate Bill S6762

Amended

Exempts certain veterans in state veterans homes or adult day care at a state veterans home from requirements to enroll in a medicaid managed care plan or a medicaid long term care plan

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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

  • 06 / Mar / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 18 / Mar / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 20 / May / 2014
    • 1ST REPORT CAL.859
  • 21 / May / 2014
    • 2ND REPORT CAL.
  • 28 / May / 2014
    • ADVANCED TO THIRD READING
  • 02 / Jun / 2014
    • AMENDED ON THIRD READING 6762A
  • 10 / Jun / 2014
    • PASSED SENATE
  • 10 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 11 / Jun / 2014
    • SUBSTITUTED FOR A8917A
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.180

Summary

Exempts honorably discharged military veterans, their widow or spouse, and eligible Gold Star parents in state veterans homes or adult day care at a state veterans home from requirements to enroll in a medicaid managed care plan or a medicaid long term care plan.

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Bill Details

Versions:
S6762
S6762A
Legislative Cycle:
2013-2014
Law Section:
Military Law
Laws Affected:
Add §235-b, Mil L; add §2636, Pub Health L

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Sponsor Memo

BILL NUMBER:S6762

TITLE OF BILL: An act to amend the military law and the public health
law, in relation to enacting the "veterans long-term care access act"

PURPOSE: The bill will ensure that individuals eligible for admission
to New York State Veterans Homes and who are eligible to receive
benefits under the Medicaid program, maintain the right to receive
skilled nursing care or medical model Adult Day Health Care at any of
the five State Veterans Homes located in New York State.

SUMMARY OF PROVISIONS:

Section 1: Section one amends the military law by adding a new section
235-b, Medicaid eligibility for veterans in state homes. Under this
section, no honorably discharged military veteran, their spouse or
widow, or the Gold Star parent of such veteran, shall be required to
enroll in a Medicaid managed care plan or a Medicaid long term care
plan if he or she is accepted for admission into a state veterans home
or enrolled in a medical model adult day health care program at a
state veterans home.

Section 2: Section two amends the public health law by adding a new
section 2636, reimbursement for services rendered. Under this section,
a state veterans home providing long term nursing home care, medical
model adult day health care programs or any other services to an
honorably discharged military veteran, their spouse or widow, or to
the Gold Star parent of such veteran shall continue to be paid for its
services pursuant to the fee for service schedules in effect for
Medicaid long term care on the dates of services rendered. This bill
also mandates that the rates of payment pursuant to such
fee-for-service schedules are adjusted annually to reflect full trend
factor increases.

Section 3: Section three sets the effective date.

JUSTIFICATION: New York State is currently converting from a
traditional fee-for-service reimbursement model to a Medicaid managed
care system for Medicaid recipients requiring long term care. Under
Medicaid managed care, veteran Medicaid enrollees may be directed to
non-state veterans homes because state veterans homes may be unable to
obtain or maintain contracts with certain managed care organizations.
As a result, many New York State veterans could be denied access to
long term care services at state veterans homes, a benefit they earned
through honorable military service to the nation.

Veterans who choose to reside in any of the five state veterans homes
have greater access to additional programs and services offered by the
United States Department of Veterans Affairs, including the United
State Department of Veterans Fairs per diem, enhanced aids and
attendance, service connected disabled veterans full cost of care
benefits, telemedicine care, motorized wheelchairs, durable medical
equipment, orthotics and prosthetics, other assistive devices, and
home adaptive modifications. State veterans home personnel are
uniquely qualified to both assess these required services and to
access these services for New York State's veteran population.


This legislation would ensure that New York State maintains the
traditional fee-for-service reimbursement model for its five state
veterans homes. This bill will guarantee that New York's honorably
discharged veterans, their spouses and widows, and Gold Star parents
who qualify for Medicaid, will continue to receive all of their
enhanced benefits and the high quality of care that they deserve.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None to the state.

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
________________________________________________________________________

                                  6762

                            I N  S E N A T E

                              March 6, 2014
                               ___________

Introduced by Sens. FLANAGAN, LAVALLE -- read twice and ordered printed,
  and  when  printed to be committed to the Committee on Veterans, Home-
  land Security and Military Affairs

AN ACT to amend the military law and the public health law, in  relation
  to enacting the "veterans long-term care access act"

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

  Section 1. This act shall be known and may be cited as  the  "veterans
long-term care access act".
  S 2. The military law is amended by adding a new section 235-b to read
as follows:
  S  235-B.  MEDICAID  ELIGIBILITY FOR VETERANS IN STATE VETERANS HOMES.
NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY,  NO  HONOR-
ABLY  DISCHARGED  MILITARY  VETERAN,  THEIR SPOUSE OR WIDOW, OR THE GOLD
STAR PARENT OF SUCH VETERAN SHALL BE REQUIRED TO ENROLL  IN  A  MEDICAID
MANAGED  CARE  PLAN  OR  A  MEDICAID LONG TERM CARE PLAN IF HE OR SHE IS
ACCEPTED FOR ADMISSION INTO A STATE  VETERANS  HOME  OR  ENROLLED  IN  A
MEDICAL  MODEL  ADULT  DAY HEALTH CARE PROGRAM AT A STATE VETERANS HOME.
SUCH HONORABLY DISCHARGED VETERAN, THEIR SPOUSE OR WIDOW, OR  GOLD  STAR
PARENT  SHALL  NOT BE SUBJECT TO THE REQUIREMENTS OF ANY PLAN OF TRANSI-
TION OF NURSING HOME POPULATIONS INTO ANY MANAGED CARE  PROGRAMS  OTHER-
WISE ADOPTED AND APPROVED BY THE DEPARTMENT.
  S  3. The public health law is amended by adding a new section 2636 to
read as follows:
  S 2636. REIMBURSEMENT FOR SERVICES RENDERED.  A  STATE  VETERANS  HOME
PROVIDING  LONG  TERM  NURSING HOME CARE, MEDICAL MODEL ADULT DAY HEALTH
CARE PROGRAMS OR ANY OTHER SERVICES TO AN HONORABLY DISCHARGED  MILITARY
VETERAN,  THEIR SPOUSE OR WIDOW, OR THE GOLD STAR PARENT OF SUCH VETERAN
SHALL CONTINUE TO BE PAID FOR ITS  SERVICES  PURSUANT  TO  THE  FEE  FOR
SERVICE  SCHEDULES IN EFFECT FOR MEDICAID LONG TERM CARE ON THE DATES OF
SERVICES RENDERED, NOTWITHSTANDING ANY OTHER FORMULA FOR THE PAYMENT  OF
LONG  TERM  CARE ADOPTED BY THE DEPARTMENT OR BY ANY MANAGED CARE ORGAN-
IZATION, MEDICAID MANAGED CARE PLAN, OR MEDICAID MANAGED LONG TERM  CARE
PLAN.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, RATES OF PAYMENT
PURSUANT TO SUCH FEE FOR SERVICE SCHEDULES SHALL BE ADJUSTED ANNUALLY TO
REFLECT FULL TREND FACTOR INCREASES.
  S 4. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14122-03-4

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