S T A T E O F N E W Y O R K
________________________________________________________________________
5244
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
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Introduced by M. of A. MENG, COLTON -- Multi-Sponsored by -- M. of A.
PHEFFER -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to establishing the
state multi-agency council on access to durable medical equipment for
the disabled
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new article
27-M to read as follows:
ARTICLE 27-M
STATE MULTI-AGENCY COUNCIL ON ACCESS TO DURABLE MEDICAL
EQUIPMENT FOR THE DISABLED
SECTION 2799-U. DEFINITIONS.
2799-V. FUNCTIONS, DUTIES AND POWERS OF THE STATE MULTI-AGENCY
COUNCIL ON ACCESS TO DURABLE MEDICAL EQUIPMENT FOR THE
DISABLED.
S 2799-U. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
1. "ELIGIBLE PERSON" MEANS:
A. A PERSON WHO IS ELIGIBLE FOR MEDICAL ASSISTANCE IN ACCORDANCE WITH
TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW; AND
B. A DEVELOPMENTALLY DISABLED PERSON WHO IS ELIGIBLE FOR MEDICAL
ASSISTANCE IN ACCORDANCE WITH TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL
SERVICES LAW AND WHO IS ALSO A BENEFICIARY UNDER SUBCHAPTER XVIII OF
CHAPTER 7 OF TITLE 42 OF THE UNITED STATES CODE.
2. "DURABLE MEDICAL EQUIPMENT" MEANS WHEELED MOBILITY DEVICES, WHEEL-
CHAIR ACCESSORIES, AUGMENTATIVE COMMUNICATION AND SPEECH GENERATING
DEVICES AND ACCESSORIES, AND ANY OTHER EQUIPMENT OR ACCESSORIES THAT ARE
NECESSARY FOR THE PERFORMANCE OF ESSENTIAL DAILY ACTIVITIES INCLUDING,
BUT NOT LIMITED TO, MOBILITY, COMMUNICATION, BATHING AND EATING.
3. "COUNCIL" MEANS THE STATE MULTI-AGENCY COUNCIL ON ACCESS TO DURABLE
MEDICAL EQUIPMENT FOR THE DISABLED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00613-01-9
A. 5244 2
S 2799-V. FUNCTIONS, DUTIES AND POWERS OF THE STATE MULTI-AGENCY COUN-
CIL ON ACCESS TO DURABLE MEDICAL EQUIPMENT FOR THE DISABLED. 1. THERE IS
HEREBY CREATED, IN THE DEPARTMENT, THE STATE MULTI-AGENCY COUNCIL ON
ACCESS TO DURABLE MEDICAL EQUIPMENT FOR THE DISABLED FOR THE PURPOSES OF
ENSURING TIMELY ACCESS TO DURABLE MEDICAL EQUIPMENT BY INDIVIDUALS WHO
REQUIRE THE ASSISTANCE OF SUCH EQUIPMENT TO ENGAGE IN ESSENTIAL ACTIV-
ITIES OF DAILY LIVING. THE COUNCIL SHALL CONSIST OF THE FOLLOWING
PERSONS OR THEIR DESIGNEE: THE COMMISSIONER, THE COMMISSIONER OF MENTAL
HEALTH AND THE COMMISSIONER OF MENTAL RETARDATION AND DEVELOPMENTAL
DISABILITIES. IN ADDITION, THE COUNCIL SHALL CONSIST OF TWELVE RESIDENTS
OF THE STATE, OF WHOM TWO SHALL BE APPOINTED BY THE GOVERNOR, FIVE SHALL
BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND FIVE SHALL BE
APPOINTED BY THE SPEAKER OF THE ASSEMBLY. OF THESE TWELVE RESIDENTS OF
THE STATE, SIX SHALL BE PERSONS WHO ARE DEVELOPMENTALLY DISABLED, AND
SIX SHALL BE PERSONS WITH DEMONSTRATED EXPERTISE AND INTEREST IN THE
NEEDS OF PERSONS WHO ARE DEVELOPMENTALLY DISABLED. SUCH APPOINTMENTS
SHALL BE MADE IN CONSULTATION WITH ORGANIZATIONS REPRESENTING PERSONS
WHO ARE DEVELOPMENTALLY DISABLED. OF THE TWELVE PERSONS INITIALLY
APPOINTED BY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY, FOUR SHALL SERVE FOR A TERM OF ONE YEAR, FOUR
SHALL SERVE FOR A TERM OF TWO YEARS AND FOUR SHALL SERVE FOR A TERM OF
THREE YEARS. SUBSEQUENT APPOINTMENTS UPON THE EXPIRATION OF THE INITIAL
TERM SHALL BE FOR A TERM OF THREE YEARS AND SHALL BE FILLED IN THE SAME
MANNER AS THE ORIGINAL APPOINTMENT.
2. THE MEMBERS OF THE COUNCIL WHO ARE NOT COMMISSIONERS SHALL RECEIVE
NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL
AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
3. THE COUNCIL IS CHARGED WITH MAKING RECOMMENDATIONS TO INCREASE
TIMELY ACCESS TO DURABLE MEDICAL EQUIPMENT BY ELIGIBLE PERSONS. SUCH
RECOMMENDATIONS SHALL INCLUDE:
A. ESTABLISHMENT OF WRITTEN GUIDELINES REGARDING THE DOCUMENTATION
REQUIRED FOR THE PRIOR APPROVAL BY THE DEPARTMENT OF DURABLE MEDICAL
EQUIPMENT FOR ELIGIBLE PERSONS. SUCH GUIDELINES SHALL INCLUDE A CHECK-
LIST OF THE DOCUMENTATION REQUIRED, AND A TIMEFRAME WITHIN WHICH THE
DEPARTMENT MUST MAKE A FINAL DETERMINATION THEREON AND PROVIDE NOTICE OF
SUCH FINAL DETERMINATION TO AN ELIGIBLE PERSON WHO HAS PROVIDED THE
REQUIRED DOCUMENTATION ON THE CHECKLIST.
B. ESTABLISHMENT OF A WRITTEN PROCESS TO EXPEDITE THE REVIEW AND FINAL
DETERMINATION OF ANY REQUEST FOR DURABLE MEDICAL EQUIPMENT MADE BY AN
ELIGIBLE PERSON ON OR AFTER NOVEMBER FIRST, TWO THOUSAND NINE.
C. ESTABLISHMENT OF A WRITTEN PROCESS AND PAYMENT SCHEDULE WHEREBY AN
ELIGIBLE PERSON, AS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF SECTION
TWENTY-SEVEN HUNDRED NINETY-NINE-U OF THIS ARTICLE, IS ASSURED ACCESS TO
THE SAME DURABLE MEDICAL EQUIPMENT AS AN ELIGIBLE PERSON AS DEFINED IN
PARAGRAPH A OF SUBDIVISION ONE OF SECTION TWENTY-SEVEN HUNDRED
NINETY-NINE-U OF THIS ARTICLE.
D. ANY OTHER RECOMMENDATIONS THAT WILL ENSURE THE TIMELY ACCESS TO
DURABLE MEDICAL EQUIPMENT BY ELIGIBLE PERSONS.
4. THE COUNCIL SHALL PROVIDE ITS WRITTEN RECOMMENDATIONS REQUIRED BY
THIS SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND
THE SPEAKER OF THE ASSEMBLY NO LATER THAN THE ONE HUNDRED EIGHTIETH DAY
AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
S 2. This act shall take effect immediately.