senate Bill S2492

2011-2012 Legislative Session

Provides for a ninety day eligibility limitation on medical services not mandated by federal law

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to social services
Jan 24, 2011 referred to social services

Co-Sponsors

S2492 - Bill Details

See Assembly Version of this Bill:
A2286
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd ยง117, Soc Serv L
Versions Introduced in 2009-2010 Legislative Session:
S2983A, A6988

S2492 - Bill Texts

view summary

Provides for a ninety day eligibility limitation on medical services not mandated by federal law.

view sponsor memo
BILL NUMBER:S2492

TITLE OF BILL:
An act
to amend the social services law, in relation to eligibility limitations
on certain medical services not mandated by federal law

SUMMARY OF PROVISIONS:
Section 1 amends Section 117 of the Social Services Law
by adding a new subdivision 4 to impose a ninety-day state residency
requirement for eligibility for Medicaid services not mandated by
federal law of regulation.

Section 2 authorizes and directs the Commissioner of Health to apply
for any federal waivers required to implement the provisions of
subdivision 4 of Section 117 of the Social Services Law.

Section 3 effective date.

PURPOSE AND JUSTIFICATION:
This bill would impose a ninety-day state
residency requirement for eligibility for Medicaid program services
not mandated by federal law that are offered by New York State.

New York has one of the most generous Medicaid programs in the United
States. People from other states have taken advantage of this state's
generosity towards its residents and purposefully moved to New York
solely for the benefit of its charitable social programs. Federal
Medicaid laws do not permit as a condition of service that an
applicant reside in a jurisdiction for a specific period of time. The
current requirements would continue for those Medicaid services
mandated by the Federal government. However, this bill would require
a 90 day period of residence for eligibility for the additional
Medicaid benefits that New York State also provides. Imposing a
ninety-day state residency requirement before allowing individuals to
qualify for New York's Medicaid program would discourage individuals
from moving to the state solely for the purpose of receiving Medicaid
while preserving Medicaid services for the people who have made New
York State their home.

PRIOR LEGISLATIVE HISTORY:
2005-06 - S.5364/A.7951 -- SOCIAL SERVICES/Social Services
2007-08 - S.3291/A.591O -- SOCIAL SERVICES/Social Services
2009-10 - S.2983/A.6988 -- HEALTH/Social Services

FISCAL IMPLICATIONS:
Yet to be determined. Cost savings to both
counties and the state are expected.

EFFECTIVE DATE:
This act shall take effect immediately; provided,
however, that subdivision 4 of 117 of the Social Services Law as
added by section one of this act shall not take effect unless and
until the Commissioner of Health receives all necessary approvals
under federal law and regulation to implement its provisions, and
provided that such provisions do not prevent the receipt of federal


financial participation under the medical assistance program;
provided that the Commissioner of Health shall notify the Legislative
Bill Drafting Commission upon the occurrence of the enactment of the
legislation provided for in this act in order that the commission may
maintain an accurate and timely effective data base of the official
text of the laws of the State of New York.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2492

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 24, 2011
                               ___________

Introduced  by Sens. RANZENHOFER, ALESI, JOHNSON, LARKIN, LIBOUS -- 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 eligibility
  limitations on certain medical services not mandated by federal law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 117 of the social services law is amended by adding
a new subdivision 4 to read as follows:
  4.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF THIS SECTION OR ANY
OTHER PROVISION OF LAW, FOR THE  PURPOSES  OF  ELIGIBILITY  FOR  MEDICAL
ASSISTANCE  AS PROVIDED UNDER TITLE ELEVEN OF ARTICLE FIVE OF THIS CHAP-
TER OR ANY SUCCESSOR PROVISIONS THEREOF, NO PERSON SHALL BE ELIGIBLE FOR
MEDICAL ASSISTANCE DURING THE FIRST NINETY DAYS  AFTER  SUCH  PERSON  IS
DEEMED  ENROLLED  FOR  SUCH MEDICAL ASSISTANCE SERVICES IF SUCH SERVICES
ARE NOT MANDATED SERVICES UNDER FEDERAL LAW OR REGULATION.
  S 2. The commissioner of health is authorized and  directed  to  apply
for  any and all federal waivers required to implement the provisions of
subdivision 4 of section 117 of the social services law.
  S 3. The commissioner of health shall promulgate any and all rules and
regulations and take any other measures necessary to implement this  act
including,  but  not  limited  to, developing a services and eligibility
plan and distributing the same to local social services districts.
  S 4. This act shall take effect immediately; provided,  however,  that
subdivision  4  of  section  117  of the social services law as added by
section one of this act shall not  take  effect  unless  and  until  the
commissioner  of  health  receives all necessary approvals under federal
law and regulation to implement its provisions, and provided  that  such
provisions do not prevent the receipt of federal financial participation
under  the medical assistance program; provided that the commissioner of
health shall notify the legislative bill drafting  commission  upon  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02335-01-1

S. 2492                             2

occurrence  of the enactment of the legislation provided for in this act
in order that the commission may maintain an accurate and timely  effec-
tive data base of the official text of the laws of the state of New York
in furtherance of effecting the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.