Senate Bill S1103

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2009-S1103 - Details

See Assembly Version of this Bill:
A5948
Law Section:
Social Services Law
Laws Affected:
Amd §§22 & 366-a, Soc Serv L

2009-S1103 - 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-S1103 - Sponsor Memo

2009-S1103 - Bill Text download pdf 

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

                                  1103

                       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, KRUEGER, MONTGOMERY, ONORATO, PARKER, SAMPSON, SAVINO, SCHNEIDER-
  MAN, SERRANO, STAVISKY -- 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 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

2009-S1103A (ACTIVE) - Details

See Assembly Version of this Bill:
A5948
Law Section:
Social Services Law
Laws Affected:
Amd §§22 & 366-a, Soc Serv L

2009-S1103A (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-S1103A (ACTIVE) - Sponsor Memo

2009-S1103A (ACTIVE) - Bill 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.