Senate Bill S2218

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

                                 2218--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Aging  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  reported  favorably  from  said committee and
  committed to the Committee on  Codes  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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.
  (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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03579-05-9
              

S. 2218--B                          2

  (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.
  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.