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BILL NUMBER: S52203
TITLE OF BILL :
An act to amend the education law, in relation to state reimbursement
of municipalities for services provided and other technical changes
PURPOSE OF THE BILL
This bill is necessary in order to ensure compliance with federal
requirements that only the State Medicaid agency may make Medicaid
payments for school supportive health services to school districts and
municipalities.
SUMMARY OF PROVISIONS OF THE BILL :
The bill would amend section 4410(11)(b) and c of the Education Law to
authorize the State Education Department to transfer the State share
of Medicaid for school supportive health services provided to
preschool students with disabilities to the State Department of Health
(DOH).
STATEMENT IN SUPPORT OF THE BILL :
This bill is necessary to implement amendments to section 368-e of the
Social Services Law and other laws made in Chapter 58 of the Laws of
2009 with the enacted State budget that provide for Medicaid payments
to counties for services to preschool students with disabilities by a
single State agency, DOH. These budget amendments were made to comply
with federal requirements arising out of an audit that only the State
S T A T E O F N E W Y O R K
________________________________________________________________________
203
Third Extraordinary Session
I N S E N A T E
June 24, 2009
___________
Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
twice and ordered printed, and when printed to be committed to the
Committee on Rules
AN ACT to amend the education law, in relation to state reimbursement of
municipalities for services provided and other technical changes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (iii) of paragraph b of subdivision 11 of
section 4410 of the education law, as amended by chapter 170 of the laws
of 1994, is amended to read as follows:
(iii) (A) Notwithstanding the provisions of this paragraph, any monies
due municipalities pursuant to this paragraph FOR SERVICES PROVIDED
DURING THE TWO THOUSAND EIGHT--TWO THOUSAND NINE AND PRIOR SCHOOL YEARS
shall be reduced by an amount equal to the product of the percentage of
the approved costs reimbursed by the state pursuant to subparagraph [i]
(I) of this paragraph and any federal participation, pursuant to title
XIX of the social security act, in special education programs provided
pursuant to this section. The commissioner shall deduct such amount, as
certified by the commissioner of [social services] HEALTH as the author-
ized fiscal agent of the state education department. Such deductions
shall be made in accordance with a plan developed by the commissioner
and approved by the director of the budget. To the extent that such
deductions exceed moneys owed to the municipality pursuant to this para-
graph, such excess shall be deducted from any other payments due the
municipality.
(B) ANY MONEYS DUE MUNICIPALITIES PURSUANT TO THIS PARAGRAPH FOR
SERVICES PROVIDED DURING THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL
YEAR AND THEREAFTER SHALL, IN THE FIRST INSTANCE, BE DESIGNATED AS THE
STATE SHARE OF MONEYS DUE A MUNICIPALITY PURSUANT TO TITLE XIX OF THE
SOCIAL SECURITY ACT, ON ACCOUNT OF SCHOOL SUPPORTIVE HEALTH SERVICES
PROVIDED TO PRESCHOOL STUDENTS WITH DISABILITIES PURSUANT TO THIS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14351-01-9
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