S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  2989
                       2009-2010 Regular Sessions
                            I N  S E N A T E
                              March 9, 2009
                               ___________
Introduced  by  Sens.  RANZENHOFER, LARKIN, SKELOS, VOLKER -- 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  allowing  local
  social  services  districts  discretion  to  provide  certain medicaid
  services and to cover certain categories of eligibility
  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section  1.  Section  365-a  of  the social services law is amended by
adding a new subdivision 8 to read as follows:
  8. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS  SECTION  OR  OF
ANY  OTHER  PROVISION  OF  THIS  CHAPTER OR OTHER LAW, EACH LOCAL SOCIAL
SERVICES DISTRICT IS HEREBY  AUTHORIZED  TO  DETERMINE  WHICH,  IF  ANY,
SERVICES  IT  CHOOSES  TO  PROVIDE TO ELIGIBLE PERSONS OF THOSE SERVICES
OTHERWISE REQUIRED TO BE  PROVIDED  BY  APPLICABLE  STATE  LAW  BUT  NOT
REQUIRED TO BE PROVIDED BY FEDERAL LAW.
  S 2. Section 366 of the social services law is amended by adding a new
subdivision 10 to read as follows:
  10.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF THIS SECTION OR OF
ANY OTHER PROVISION OF THIS CHAPTER OR  OTHER  LAW,  EACH  LOCAL  SOCIAL
SERVICES  DISTRICT  IS  HEREBY AUTHORIZED TO DETERMINE TO WHICH, IF ANY,
CATEGORIES OF ELIGIBILITY  IT  CHOOSES  TO  PROVIDE  MEDICAL  ASSISTANCE
OTHERWISE  REQUIRED  TO  BE  PROVIDED  BY  APPLICABLE  STATE LAW BUT NOT
REQUIRED TO BE PROVIDED BY FEDERAL LAW.
  S 3. The commissioner of health:
  1.  is authorized and directed to apply for any and all federal  waiv-
ers  required  to  implement  the provisions of subdivision 8 of section
365-a and subdivision 10 of section 366 of the social services law;
  2. shall promulgate any and all rules and  regulations  and  take  any
other measures necessary to implement this act, including but not limit-
ed  to  developing  a services and eligibility plan and distributing the
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03980-01-9
              
             
                          
                
S. 2989                             2
same to local social services districts whereby such districts may  make
such  choices  as  are  authorized by subdivision 8 of section 365-a and
subdivision 10 of section 366 of the social services law,  as  added  by
sections  one and two, respectively, of this act, and applicable federal
waivers; and
  3. shall specify dates by which such services  and  eligibility  plans
must  be returned to said commissioner for review and approval to imple-
ment such plans. A district that does not have an approved plan  by  the
deadline set therefor by the commissioner shall provide all services and
categories  of eligibility required under the state plan as in effect at
that time.
  S 4. This act shall take effect immediately.