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.