Senate Bill S2983

2009-2010 Legislative Session

Provides for a ninety day eligibility limitation on medical services not mandated by federal law

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 17, 2010	print number 2983a
Feb 17, 2010	amend (t) and recommit to health
Jan 06, 2010	referred to health
May 13, 2009	committee discharged and committed to health
Mar 09, 2009	referred to social services

Bill Amendments

Original

A (Active)

co-Sponsors

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2009-S2983 - Details

Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §117, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2492
2013-2014: S1130
2015-2016: S4289

2009-S2983 - Summary

Provides for a ninety day eligibility limitation on medical services not mandated by federal law.

2009-S2983 - Sponsor Memo

                                 BILL NUMBER:  S2983

 TITLE OF BILL :
An act to amend the social services law, in relation to a residency
requirement for certain medical services not mandated by federal law

 SUMMARY OF PROVISIONS :
Section 1 amends 117 of the Social Services Law by adding a new
subdivision 4 to impose a ninety-day state residency requirement for
eligibility for Medicaid services not mandated by federal law of
regulation.

Section 2 authorizes and directs the Commissioner of Health to apply
for any federal waivers required to implement the provisions of
subdivision 4 of Section 117 of the Social Services Law.

Section 3 effective date.

 PURPOSE AND JUSTIFICATION :
This bill would impose a ninety-day state residency requirement for
eligibility for Medicaid program services not mandated by federal law
that are offered by New York State.

New York has one of the most generous Medicaid programs in the United
States. People from other states have taken advantage of this state's
generosity towards its residents and purposefully moved to New York

solely for the benefit of its charitable social programs. Federal
Medicaid laws do not permit as a condition of service that an
applicant reside in a jurisdiction for a specific period of time. The
current requirements would continue for those Medicaid services
mandated by the Federal government. However, this bill would require a
90 day period of residence for eligibility for the additional Medicaid
benefits that New York State also provides. Imposing a ninety-day
state residency requirement before allowing individuals to qualify for
New York's Medicaid program would discourage individuals from moving
to the state solely for the purpose of receiving Medicaid while
preserving Medicaid services for the people who have made New York
State their home.

 PRIOR LEGISLATIVE HISTORY :
2005-06 - S.5364/A.7951 -- SOCIAL SERVICES/Social Services
2007-08 - S/3291/A.5910 -- SOCIAL SERVICES/Social Services

 FISCAL IMPLICATIONS :
Yet to be determined. Cost savings to both counties and the state are
expected.

 EFFECTIVE DATE :
This act shall take effect immediately, provided that subdivision 4 of
117 of the Social Services Law as added by this act shall not take
effect unless and until the Commissioner of Health receives all
necessary approvals under appropriate federal law and regulation to
implement its provisions and provided that such provisions do not
prevent receipt of federal financial participation.

2009-S2983 - Bill Text download pdf

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

                                  2983

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 9, 2009
                               ___________

Introduced  by  Sens.  RANZENHOFER,  ALESI,  O. JOHNSON, LARKIN, LIBOUS,
  PADAVAN -- read twice and ordered printed,  and  when  printed  to  be
  committed to the Committee on Social Services

AN  ACT  to  amend  the  social services law, in relation to a residency
  requirement for certain medical services not mandated by federal law

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

  Section 1. Section 117 of the social services law is amended by adding
a new subdivision 4 to read as follows:
  4.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF THIS SECTION OR ANY
OTHER PROVISION OF LAW, FOR THE  PURPOSES  OF  ELIGIBILITY  FOR  MEDICAL
ASSISTANCE  AS PROVIDED UNDER TITLE ELEVEN OF ARTICLE FIVE OF THIS CHAP-
TER OR ANY SUCCESSOR PROVISIONS THEREOF, THAT ARE NOT MANDATED  SERVICES
UNDER  FEDERAL  LAW  OR REGULATION, NO PERSON SHALL BE ELIGIBLE THEREFOR
UNLESS SUCH PERSON SHALL HAVE BEEN FOR NINETY DAYS OR MORE A RESIDENT OF
THIS STATE.
  S 2. The commissioner of health is authorized and  directed  to  apply
for  any and all federal waivers required to implement the provisions of
subdivision 4 of section 117 of the social services law.
  S 3. The commissioner of health shall promulgate any and all rules and
regulations and take any other measures necessary to implement this  act
including,  but  not  limited  to, developing a services and eligibility
plan and distributing the same to local social services districts.
  S 4. This act shall take effect immediately; provided,  however,  that
subdivision  4  of  section  117  of the social services law as added by
section one of this act shall not  take  effect  unless  and  until  the
commissioner  of  health  receives all necessary approvals under federal
law and regulation to implement its provisions, and provided  that  such
provisions do not prevent the receipt of federal financial participation
under  the medical assistance program; provided that the commissioner of
health shall notify the legislative bill drafting  commission  upon  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07416-01-9

S. 2983                             2

occurrence  of the enactment of the legislation provided for in this act
in order that the commission may maintain an accurate and timely  effec-
tive data base of the official text of the laws of the state of New York
in furtherance of effecting the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.

co-Sponsors

View additional co-sponsors

2009-S2983A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §117, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2492
2013-2014: S1130
2015-2016: S4289

2009-S2983A (ACTIVE) - Summary

Provides for a ninety day eligibility limitation on medical services not mandated by federal law.

2009-S2983A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2983A

 TITLE OF BILL :
An act to amend the social services law, in relation to eligibility
limitations on certain medical services not mandated by federal law


 SUMMARY OF PROVISIONS :
Section 1 amends 117 of the Social Services Law by adding a new
subdivision 4 to impose a ninety-day state residency requirement for
eligibility for Medicaid services not mandated by federal law of
regulation.

Section 2 authorizes and directs the Commissioner of Health to apply
for any federal waivers required to implement the provisions of
subdivision 4 of Section 117 of the Social Services Law.

Section 3 effective date.

 PURPOSE AND JUSTIFICATION :
This bill would impose a ninety-day state residency requirement for
eligibility for Medicaid program services not mandated by federal law
that are offered by New York State.

New York has one of the most generous Medicaid programs in the United
States. People from other states have taken advantage of this state's

generosity towards its residents and purposefully moved to New York
solely for the benefit of its charitable social programs. Federal
Medicaid laws do not permit as a condition of service that an
applicant reside in a jurisdiction for a specific period of time. The
current requirements would continue for those Medicaid services
mandated by the Federal government. However, this bill would require a
90 day period of residence for eligibility for the additional Medicaid
benefits that New York State also provides. Imposing a ninety-day
state residency requirement before allowing individuals to qualify for
New York's Medicaid program would discourage individuals from moving
to the state solely for the purpose of receiving Medicaid while
preserving Medicaid services for the people who have made New York
State their home.

 PRIOR LEGISLATIVE HISTORY :
2005-06 - S.5364/A.795l -- SOCIAL SERVICES/Social Services
2007-08 - S.3291/A.5910 -- SOCIAL SERVICES/Social Services
2009 - HEALTH

 FISCAL IMPLICATIONS :
Yet to be determined. Cost savings to both counties and the state are
expected.

 EFFECTIVE DATE :
This act shall take effect immediately; provided, however, that
subdivision 4 of 117 of the Social Services Law as added by section
one of this act shall not take effect unless and until the
Commissioner of Health receives all necessary approvals under federal
law and regulation to implement its provisions, and provided that such
provisions do not prevent the receipt of federal financial
participation under the medical assistance program; provided that the
Commissioner of Health shall notify the Legislative Bill Drafting
Commission upon the occurrence of the enactment of the legislation
provided for in this act in order that the commission may maintain an
accurate and timely effective data base of the official text of the
laws of the State of New York.

2009-S2983A (ACTIVE) - Bill Text download pdf

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

                                 2983--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 9, 2009
                               ___________

Introduced  by  Sens.  RANZENHOFER,  ALESI,  O. JOHNSON, LARKIN, LIBOUS,
  PADAVAN -- read twice and ordered printed,  and  when  printed  to  be
  committed  to  the  Committee on Social Services -- recommitted to the
  Committee on Health in accordance  with  Senate  Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the social services  law,  in  relation  to  eligibility
  limitations on certain medical services not mandated by federal law

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

  Section 1. Section 117 of the social services law is amended by adding
a new subdivision 4 to read as follows:
  4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION  OR  ANY
OTHER  PROVISION  OF  LAW,  FOR  THE PURPOSES OF ELIGIBILITY FOR MEDICAL
ASSISTANCE AS PROVIDED UNDER TITLE ELEVEN OF ARTICLE FIVE OF THIS  CHAP-
TER OR ANY SUCCESSOR PROVISIONS THEREOF, NO PERSON SHALL BE ELIGIBLE FOR
MEDICAL  ASSISTANCE  DURING  THE  FIRST NINETY DAYS AFTER SUCH PERSON IS
DEEMED ENROLLED FOR SUCH MEDICAL ASSISTANCE SERVICES  IF  SUCH  SERVICES
ARE NOT MANDATED SERVICES UNDER FEDERAL LAW OR REGULATION.
  S  2.  The  commissioner of health is authorized and directed to apply
for any and all federal waivers required to implement the provisions  of
subdivision 4 of section 117 of the social services law.
  S 3. The commissioner of health shall promulgate any and all rules and
regulations  and take any other measures necessary to implement this act
including, but not limited to, developing  a  services  and  eligibility
plan and distributing the same to local social services districts.
  S  4.  This act shall take effect immediately; provided, however, that
subdivision 4 of section 117 of the social  services  law  as  added  by
section  one  of  this  act  shall  not take effect unless and until the
commissioner of health receives all necessary  approvals  under  federal
law  and  regulation to implement its provisions, and provided that such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07416-02-0

S. 2983--A                          2

provisions do not prevent the receipt of federal financial participation
under the medical assistance program; provided that the commissioner  of
health  shall  notify  the legislative bill drafting commission upon the
occurrence  of the enactment of the legislation provided for in this act
in order that the commission may maintain an accurate and timely  effec-
tive data base of the official text of the laws of the state of New York
in furtherance of effecting the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.

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Senate Bill S2983

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

co-Sponsors

2009-S2983 - Details

2009-S2983 - Summary

2009-S2983 - Sponsor Memo

2009-S2983 - Bill Text download pdf

co-Sponsors

2009-S2983A (ACTIVE) - Details

2009-S2983A (ACTIVE) - Summary

2009-S2983A (ACTIVE) - Sponsor Memo

2009-S2983A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

co-Sponsors

2009-S2983 - Details

2009-S2983 - Summary

2009-S2983 - Sponsor Memo

2009-S2983 - Bill Text download pdf

co-Sponsors

2009-S2983A (ACTIVE) - Details

2009-S2983A (ACTIVE) - Summary

2009-S2983A (ACTIVE) - Sponsor Memo

2009-S2983A (ACTIVE) - Bill Text download pdf

Comments