S T A T E O F N E W Y O R K
________________________________________________________________________
4761
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
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Introduced by M. of A. MORELLE, REILLY, GOTTFRIED, GUNTHER, SCHIMMINGER,
ZEBROWSKI, LANCMAN, EDDINGTON, MAGNARELLI, GALEF -- Multi-Sponsored by
-- M. of A. BROOK-KRASNY, CHRISTENSEN, COOK, DESTITO, GABRYSZAK,
HIKIND, KELLNER, MAISEL, MAYERSOHN, McENENY, PHEFFER, J. RIVERA, SWEE-
NEY, WEISENBERG -- read once and referred to the Committee on Social
Services
AN ACT to amend the social services law and the insurance law, in
relation to directing the department of health to submit an amendment
to the plan for medical assistance; and to direct the department of
insurance to adopt any necessary conforming amendments to regulations
or other rules
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 367-f of the social services law is amended by
adding a new subdivision 4 to read as follows:
4. THE DEPARTMENT OF HEALTH IS HEREBY AUTHORIZED AND DIRECTED TO
SUBMIT TO THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES A REQUEST
FOR THE AMENDMENT OF THE PLAN FOR MEDICAL ASSISTANCE, WHICH IS MAIN-
TAINED IN ACCORDANCE WITH TITLE XIX, OR ANY SUCCESSOR TITLE, OF THE
FEDERAL SOCIAL SECURITY ACT, TO ADOPT ANY AND ALL STANDARDS THAT MAY BE
DEVELOPED BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSU-
ANT TO SECTION 6021(B) OF THE FEDERAL DEFICIT REDUCTION ACT OF 2005, FOR
UNIFORM RECIPROCAL RECOGNITION OF LONG-TERM CARE INSURANCE POLICIES
PURCHASED UNDER STATE LONG-TERM CARE INSURANCE PARTNERSHIPS. SUCH
REQUEST SHALL BE MADE WITHIN SIX MONTHS OF THE PROMULGATION OF SUCH
STANDARDS BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND,
EXCEPT AS REQUIRED BY SUCH STANDARDS, SUCH UNIFORM RECIPROCAL RECOGNI-
TION OF LONG-TERM CARE INSURANCE POLICIES SHALL APPLY WITHOUT REGARD TO
WHEN A POLICY IS ISSUED.
S 2. Section 3229 of the insurance law is amended by adding a new
subsection (c) to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04166-01-9
A. 4761 2
(C) THE SUPERINTENDENT SHALL ADOPT SUCH RULES OR REGULATIONS, OR AMEND
SUCH RULES AND REGULATIONS, AS MAY BE NECESSARY TO CONFORM TO THE
REQUIREMENTS OF ANY AMENDMENT TO THE PLAN FOR MEDICAL ASSISTANCE, WHICH
IS MAINTAINED IN ACCORDANCE WITH TITLE XIX, OR ANY SUCCESSOR TITLE, OF
THE FEDERAL SOCIAL SECURITY ACT, MADE PURSUANT TO SUBDIVISION FOUR OF
SECTION THREE HUNDRED SIXTY-SEVEN-F OF THE SOCIAL SERVICES LAW.
S 3. This act shall take effect immediately.