The New York State Senate

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

                                  2285

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2011
                               ___________

Introduced  by  M.  of  A. SCHIMMINGER, BOYLAND, SCHROEDER, GABRYSZAK --
  Multi-Sponsored by -- M.  of A. GIGLIO, HOOPER,  MAGEE,  N. RIVERA  --
  read once and referred 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 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 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  10  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.
                                                           LBD02600-01-1

A. 2285                             2

same  to local social services districts whereby such districts may make
such choices as are authorized by subdivision 10 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.