S T A T E O F N E W Y O R K
________________________________________________________________________
3733--B
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
___________
Introduced by M. of A. DINOWITZ, MILLER, JACOBS, PAULIN, BENEDETTO,
LANCMAN, KELLNER, ABBATE, BROOK-KRASNY, PHEFFER, JAFFEE, MAYERSOHN,
MILLMAN, ROBINSON, COLTON, DelMONTE, V. LOPEZ, ORTIZ, CLARK, ROSEN-
THAL, BARRON, ALESSI, GORDON -- Multi-Sponsored by -- M. of A. ALFANO,
BACALLES, BRENNAN, BURLING, CALHOUN, DUPREY, EDDINGTON, FINCH, GALEF,
GLICK, GOTTFRIED, GUNTHER, KOON, MAGEE, MAISEL, McDONOUGH, McENENY,
McKEVITT, RAIA, REILLY, SAYWARD, SCARBOROUGH, SCHROEDER, SCOZZAFAVA,
SEMINERIO, SKARTADOS, SPANO, SWEENEY, TITONE, TOWNSEND, WALKER, WEIS-
ENBERG, WRIGHT -- read once and referred to the Committee on Aging --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- reported and referred to the Commit-
tee on Ways and Means -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the elder law, in relation to establishing a senior
dental services grant program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The elder law is amended by adding a new section 215-c to
read as follows:
S 215-C. SENIOR DENTAL SERVICES GRANT PROGRAM. 1. AS USED IN THIS
SECTION:
(A) "DENTAL SERVICES" SHALL INCLUDE, BUT NOT BE LIMITED TO, DIAGNOSES,
TESTS, STUDIES, TREATMENT OR ANALYSES UNDER THE CARE AND SUPERVISION OF
A LICENSED DENTIST WHO IS AUTHORIZED TO PRACTICE IN THIS STATE. THESE
SERVICES MAY ALSO INCLUDE, BUT NOT BE LIMITED TO, CLIENT ASSESSMENT,
INFORMATION AND REFERRALS.
(B) "ELDERLY" SHALL MEAN AN INDIVIDUAL SIXTY-FIVE YEARS OF AGE OR
OLDER.
(C) "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE FOR THE AGING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03579-04-9
A. 3733--B 2
(D) "COVERAGE PERIOD" SHALL MEAN TWENTY-FOUR CONSECUTIVE CALENDAR
MONTHS FOR WHICH AN ELIGIBLE PROGRAM PARTICIPANT HAS MET THE ELIGIBILITY
REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION.
2. THE DIRECTOR IS HEREBY AUTHORIZED AND DIRECTED, SUBJECT TO THE
AVAILABILITY OF APPROPRIATIONS, TO ESTABLISH A GRANT PROGRAM FOR DENTAL
SERVICES TO ELIGIBLE ELDERLY PERSONS WHO ARE IN NEED OF SUCH SERVICES.
3. PERSONS ELIGIBLE FOR THE GRANT PROGRAM UNDER THIS SECTION SHALL
INCLUDE:
(A) ELDERLY UNMARRIED RESIDENTS WHOSE INCOME FOR THE CALENDAR YEAR
IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THE COVERAGE PERIOD IS LESS
THAN OR EQUAL TO TWENTY THOUSAND DOLLARS AND WHO HAVE NO DENTAL INSUR-
ANCE; AND
(B) ELDERLY MARRIED RESIDENTS WHOSE COMBINED SPOUSAL INCOME FOR THE
CALENDAR YEAR IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THE COVERAGE
PERIOD IS LESS THAN OR EQUAL TO TWENTY-SIX THOUSAND DOLLARS AND WHO HAVE
NO DENTAL INSURANCE.
4. THE DIRECTOR SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
TO CARRY OUT THE PROVISIONS OF THIS SECTION WHICH SHALL INCLUDE BUT NOT
BE LIMITED TO:
(A) A PROCESS OF DETERMINING AND RE-DETERMINING ELIGIBILITY AT THE END
OF EACH COVERAGE PERIOD FOR RECEIVING SERVICES UNDER THIS GRANT PROGRAM
INCLUDING PROVISIONS FOR SUBMISSION OF PROOF OF INCOME, AGE, AND RESI-
DENCY AND INFORMATION ON EXISTING COMPLETE OR PARTIAL COVERAGE OF DENTAL
EXPENSES UNDER A THIRD PARTY ASSISTANCE OR INSURANCE PLAN;
(B) SELECTION OF UP TO SIX GRANT RECIPIENTS THROUGH A REQUEST FOR
PROPOSAL PROCESS INCLUDING DUE CONSIDERATION TO GEOGRAPHIC DISTRIBUTION
AND EXISTING NEED FOR DENTAL SERVICES FOR ELDERLY INDIVIDUALS THROUGHOUT
THE STATE WITH PRIORITY GIVEN TO ACCREDITED EDUCATIONAL PROGRAMS OR
EXISTING DENTAL CLINICS SERVING THE LOW INCOME ELDERLY; AND
(C) THE ADMINISTRATION OF SUCH GRANTS, WHICH SHALL BE USED FOR THE
DIRECT PROVISION OF DENTAL CARE AND SERVICES TO THE ELDERLY INCLUDING,
BUT NOT LIMITED TO, DENTAL SERVICES, EQUIPMENT PURCHASES, AND TRAVEL
EXPENSES.
5. ADDITIONALLY, THE DIRECTOR SHALL SUBMIT A REPORT TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY,
PRIOR TO, BUT IN NO EVENT LATER THAN, DECEMBER THIRTY-FIRST, IN THE YEAR
FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER,
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) FINANCIAL REPORTS OF THE GRANT PROGRAM OPERATIONS ESTABLISHED
PURSUANT TO THIS SECTION;
(B) AN ANALYSIS OF THE GRANT PROGRAM'S ABILITY TO PROVIDE SUCH DENTAL
SERVICES TO ELIGIBLE ELDERLY PERSONS;
(C) RECOMMENDATIONS ON THE CONTINUATION OF SUCH GRANTS AND THE NEED
FOR PROGRAM EXPANSION, IF APPROPRIATE;
(D) PROFILES OF THE GRANT RECIPIENTS; AND
(E) OTHER INFORMATION DEEMED NECESSARY BY THE DIRECTOR.
6. (A) NO APPLICANT FOR A GRANT PROVIDED FOR UNDER THIS SECTION SHALL
KNOWINGLY (I) MAKE A FALSE STATEMENT OR REPRESENTATION CONCERNING A
MATERIAL FACT, (II) SUBMIT FALSE INFORMATION CONCERNING A MATERIAL FACT,
OR (III) CONCEAL A MATERIAL FACT, ON AN APPLICATION TO OBTAIN A GRANT
PROVIDED FOR UNDER THIS SECTION.
(B) ANY APPLICANT WHO IS FOUND BY THE DIRECTOR, AFTER NOTICE AND A
HEARING, TO HAVE RECEIVED A GRANT PROVIDED FOR UNDER THIS SECTION BASED
UPON AN APPLICATION WHICH VIOLATED PARAGRAPH (A) OF THIS SUBDIVISION
SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY
DOLLARS.
A. 3733--B 3
S 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.