senate Bill S1103A

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

do you support this bill?

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 01, 2010 vetoed memo.6820
Sep 20, 2010 delivered to governor
Jun 30, 2010 returned to senate
passed assembly
ordered to third reading rules cal.89
substituted for a5948a
Jun 28, 2010 referred to ways and means
delivered to assembly
passed senate
Jun 25, 2010 amended on third reading 1103a
Jun 23, 2010 ordered to third reading cal.1098
committee discharged and committed to rules
Jan 20, 2010 reported and committed to health
Jan 06, 2010 referred to social services
May 12, 2009 reported and committed to health
Jan 26, 2009 referred to social services

Votes

view votes

Jun 23, 2010 - Rules committee Vote

S1103
14
6
committee
14
Aye
6
Nay
2
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show committee vote details

Jan 20, 2010 - Social Services committee Vote

S1103
4
0
committee
4
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jan 20, 2010

aye wr (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S1103 - Bill Details

See Assembly Version of this Bill:
A5948A
Law Section:
Social Services Law
Laws Affected:
Amd §22, Soc Serv L

S1103 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER: S1103

TITLE OF BILL :
An act to amend the social services law, in relation to notice and
expedited re-application in cases of the termination of medical
assistance eligibility


PURPOSE :
To require the Office of Administrative Hearings (OAH) and the Office
of Temporary and Disability Assistance (OTDA) to provide to an
individual who missed their scheduled hearing, advance notice of when
their medical assistance will be terminated. The bill also provides
for speedy consideration of the re-application process.

SUMMARY OF PROVISIONS :
Section 1 amends subdivision 8 of section 22 of the social services
law, to require that OTDA give ten days written notice as to the
termination of medical assistance.

Section 2 amends section 366-a of the social services law by adding a
new subdivision 3-a, to require a ten day turn around on a
re-application for medical assistance of an individual whose
assistance is being terminated.

Section 3 provides for an immediate effective date.

EXISTING LAW :
Currently, OTDA and OAH require individuals to attend a scheduled
hearing about the termination of their Medicaid coverage. If the
individual misses the appointment for any reason, the missed hearing
could result in a default hearing, whereby an individual's Medicaid
coverage is terminated without further notice.

JUSTIFICATION :
If an individual's Medicaid coverage is terminated, they must undergo
an arduous re-application procedure which may take from 30-60 days
before being decided upon. The individual will be without coverage
during this period, and depending on their medical needs, could keep
them from receiving medication and treatment for serious medical
conditions. This legislation is intended to provide individuals who
have missed their scheduled hearing with written notification of their
Medicaid termination date. Furthermore, it will expedite the
re-application process for the individual and possibly prevent them
from being left without critical medical services.

LEGISLATIVE HISTORY :
2007-08: S.1502 - Died in Committee
2007-08: A.4717 - Passed Assembly
2005-06: S.9674 - Referred to Rules
2003-04: S.5706/A.5559 - Died in Committee
2002: A.3237 - Passed Assembly
2001: A.3237 - Died in Committee

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect immediately.
view full text
The Bill text is not available.

S1103A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5948A
Law Section:
Social Services Law
Laws Affected:
Amd §22, Soc Serv L

S1103A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S1103A

TITLE OF BILL:
An act
to amend the social services law, in relation to notice and expedited
re-application in cases of the termination of medical assistance
eligibility

PURPOSE:
To require the Office of Administrative Hearings (OAH) and the Office
of Temporary and Disability Assistance (OTDA) to provide to an
individual whose medical assistance has been terminated, notice of
effective coverage end date. The bill also provides 30 days for an
individual to notify OTDA of intent to appeal the determination
before enrollment is terminated.

SUMMARY OF PROVISIONS:
Section 1 amends subdivision 8 of section 22 of the social services
law, to require that for all persons whose eligibility for medical
assistance has been terminated to be notified in writing of the
effective date of end of coverage. Such individuals will also be
provided with information on their right to an appeal and how to
undertake such process. An individual will have at least 30 days to
notify OTDA of his/her intent to appeal the determination before
enrollment is terminated. If the individual has been found guilty of
fraud, the 30-day time period does not apply.

Section 2 provides for an immediate effective date.

EXISTING LAW:
Currently, OTDA and OAH require individuals to attend a scheduled
hearing about the termination of their Medicaid coverage. If the
individual misses the appointment for any reason, the missed hearing
could result in a default hearing, whereby an individual's Medicaid
coverage is terminated without further notice.

JUSTIFICATION:
If an individual's Medicaid coverage is terminated, he/she must
undergo an arduous re-application procedure which may take from 30-60
days before being decided upon. The individual will be without
coverage during this period, and depending on his/her medical needs,
could be kept from receiving medication and treatment for serious
medical conditions. This legislation is intended to provide
individuals who have missed their scheduled hearing with written
notification of their Medicaid termination date. Furthermore, it will
provide means for an individual to appeal the termination before it
goes into effect, which may prevent the individual from being left
without critical medical services.

LEGISLATIVE HISTORY:

2007-08: S.1502 - Died in Committee
2007-08: A.4717 - Passed Assembly
2005-06: S.9674 - Referred to Rules
2003-04: S.5706/A.5559 - Died in Committee
2002: A.3237 - Passed Assembly
2001: A.3237 - Died in Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1103--A
    Cal. No. 1098

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by  Sens. DILAN, ADAMS, BRESLIN, DIAZ, DUANE, HASSELL-THOMP-
  SON, HUNTLEY, KRUEGER, MONTGOMERY, ONORATO, PARKER,  SAMPSON,  SAVINO,
  SCHNEIDERMAN, SERRANO, STAVISKY -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Social Services --
  recommitted to the Committee on Social  Services  in  accordance  with
  Senate  Rule 6, sec. 8 -- committee discharged and said bill committed
  to the Committee on Health  --  committee  discharged  and  said  bill
  committed  to  the  Committee  on Rules -- ordered to a third reading,
  amended and ordered reprinted, retaining its place  in  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.
                                                           LBD05014-03-0

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.