Assembly Bill A5948

Vetoed By Governor
2009-2010 Legislative Session

Provides for persons whose eligibility for medical assistance is terminated to receive written notice in advance and speedy consideration of re-application

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Sponsored By

Archive: Last Bill Status Via S1103 - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2009-A5948 - Details

Law Section:
Social Services Law
Laws Affected:
Amd §22, Soc Serv L

2009-A5948 - Summary

Provides for persons whose eligibility for medical assistance is terminated to receive thirty days written notice in advance of the effective date of such termination and consideration of re-application for medical assistance within thirty days of submission of re-application.

2009-A5948 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5948

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by M. of A. ESPAILLAT, PERALTA, WRIGHT -- Multi-Sponsored by
  -- M. of A. BOYLAND, HOOPER, ROBINSON, TITUS -- read once and referred
  to the Committee on Social Services

AN ACT to amend the social services law, in relation to notice and expe-
  dited re-application in cases of the termination of medical assistance
  eligibility

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

  Section  1. Subdivision 8 of section 22 of the social services law, as
added by chapter 473 of the laws of 1978, is amended to read as follows:
  8. The department shall promulgate such regulations, not  inconsistent
with  federal  or  state  law,  as  may  be  necessary  to implement the
provisions of this section. Such regulations shall require that  a  copy
of  all decisions made concerning appeals pursuant to this section shall
be sent to each party to such appeals and their representatives, if any.
SUCH REGULATIONS SHALL ALSO REQUIRE THAT PERSONS WHOSE  ELIGIBILITY  FOR
MEDICAL ASSISTANCE IS TERMINATED BE NOTIFIED IN WRITING OF THE EFFECTIVE
DATE OF SUCH TERMINATION AT LEAST TEN BUSINESS DAYS PRIOR TO SUCH EFFEC-
TIVE DATE.
  S  2.  Section 366-a of the social services law is amended by adding a
new subdivision 3-a to read as follows:
  3-A. IN THE CASE OF ANY PERSON WHOSE ELIGIBILITY FOR  MEDICAL  ASSIST-
ANCE IS TERMINATED, SUCH PERSON, UPON RECEIPT OF WRITTEN NOTICE THEREOF,
SHALL  BE  PERMITTED  TO RE-APPLY FOR MEDICAL ASSISTANCE, AND SHALL HAVE
HIS OR HER ELIGIBILITY THEREFOR DETERMINED  BY  THE  APPROPRIATE  SOCIAL
SERVICES  OFFICIAL WITHIN TEN BUSINESS DAYS OF SUBMISSION OF APPLICATION
THEREFOR. NOTICE OF SUCH DECISION AND PROVISION OF THE APPROPRIATE IDEN-
TIFICATION CARD SHALL BE AS PROVIDED FOR IN SUBDIVISION  THREE  OF  THIS
SECTION.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05014-01-9

co-Sponsors

multi-Sponsors

2009-A5948A (ACTIVE) - Details

Law Section:
Social Services Law
Laws Affected:
Amd §22, Soc Serv L

2009-A5948A (ACTIVE) - Summary

Provides for persons whose eligibility for medical assistance is terminated to receive thirty days written notice in advance of the effective date of such termination and consideration of re-application for medical assistance within thirty days of submission of re-application.

2009-A5948A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5948--A
                                                            R. R. 89

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by  M. of A. ESPAILLAT, WRIGHT, BARRON -- Multi-Sponsored by
  -- M. of A.  BOYLAND, FARRELL, HOOPER, ROBINSON, TITUS  --  read  once
  and referred to the Committee on Social Services -- passed by Assembly
  and  delivered to the Senate, recalled from the Senate, vote reconsid-
  ered, bill amended, ordered reprinted,  retaining  its  place  on  the
  order of third reading

AN ACT to amend the social services law, in relation to notice and expe-
  dited re-application in cases of the termination of medical assistance
  eligibility

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

  Section 1. Subdivision 8 of section 22 of the social services law,  as
added by chapter 473 of the laws of 1978, is amended to read as follows:
  8.  The department shall promulgate such regulations, not inconsistent
with federal or  state  law,  as  may  be  necessary  to  implement  the
provisions  of  this section. Such regulations shall require that a copy
of all decisions made concerning appeals pursuant to this section  shall
be sent to each party to such appeals and their representatives, if any.
SUCH  REGULATIONS  SHALL ALSO REQUIRE THAT PERSONS WHOSE ELIGIBILITY FOR
MEDICAL ASSISTANCE IS TERMINATED BE NOTIFIED IN WRITING OF THE EFFECTIVE
DATE OF SUCH TERMINATION AND BE PROVIDED WITH INFORMATION ON THEIR RIGHT
TO AN APPEAL AND HOW TO UNDERTAKE SUCH  PROCESS.  THE  INDIVIDUAL  SHALL
HAVE  AT  LEAST  THIRTY DAYS TO NOTIFY THE DEPARTMENT OF THEIR INTENT TO
APPEAL THE DETERMINATION BEFORE ENROLLMENT IS TERMINATED; PROVIDED  THAT
IN AN INSTANCE WHERE A PERSON HAS BEEN FOUND GUILTY OF FRAUD, SUCH THIR-
TY DAY TIME PERIOD SHALL NOT APPLY.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05014-02-0

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