senate Bill S5889C

2011-2012 Legislative Session

Relates to calculating social services district medical assistance expenditure amounts

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 08, 2012 print number 5889d
amend (t) and recommit to finance
Jan 24, 2012 reported and committed to finance
Jan 18, 2012 print number 5889c
amend and recommit to social services
Jan 04, 2012 referred to social services
Sep 23, 2011 print number 5889b
amend and recommit to rules
Sep 21, 2011 print number 5889a
amend and recommit to rules
Sep 14, 2011 referred to rules

Votes

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Jan 24, 2012 - Social Services committee Vote

S5889C
4
0
committee
4
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Social Services committee vote details

Social Services Committee Vote: Jan 24, 2012

aye wr (2)

Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

Co-Sponsors

S5889 - Bill Details

See Assembly Version of this Bill:
A8644A
Current Committee:
Law Section:
Social Services
Laws Affected:
Amd Part C §§1 & 2, Chap 58 of 2005

S5889 - Bill Texts

view summary

Relates to calculating social services district medical assistance expenditure amounts.

view sponsor memo
BILL NUMBER:S5889

TITLE OF BILL:
An act
to amend chapter 58 of the laws of 2005, relating to authorizing
reimbursements for expenditures made by or on behalf of social services
districts for medical assistance for needy persons and the
administration thereof, in relation to calculating social services
district medical assistance expenditure amounts

PURPOSE:
This bill provides for a two year freeze of local contributions to the
cost of Medicaid followed by the gradual state assumption of all
non-federal Medicaid costs over an 8 year period.

SUMMARY OF PROVISIONS:
Sections 1 and 2 of Part C of Chapter 58 of the Laws of 2005 are
amended to provide a phased takeover of the local share of Medicaid
costs.

JUSTIFICATION:
Since the enactment of the Medicaid program in 1965, local social
service districts (counties and the City of New York) have been
required to share in both the cost and administrative operation of
the program. Over the years, the cost of the program has grown
exponentially while responsibility for program design and
administration has been gradually shifted to the state. This shift in
program administrative responsibility will be completed in 2016 when
under Chapter 58 of the Laws of 2010, the state "will assume the
administrative responsibilities of the medical assistance program
performed by local social service districts". At this point, local
social service districts will have no programmatic or administrative
responsibilities for the Medicaid program and therefore, should not
be required to contribute to the financing of the program.

In recognition of the additional state costs that will be incurred by
assuming full fiscal responsibility for the program, this legislation
provides for the gradual assumption of the current local shares
starting with a 2 year freeze on local contributions beginning in
2013. Beginning in
2015, local contributions would be reduced over a 8 year period ending
with the full assumption of Medicaid costs by the state in 2023.

The timing of the bill takes into account the state of the current
economy, the changes that will be required by the federal Affordable
Care Act, and the timetable developed by the Department of Health to
assume full administrative responsibility for Medicaid. It provides
ample time for the Governor and Legislature to develop and consider
changes to the program that may be required to maintain program
compliance with federal law as well as affordability to the state.

LEGISLATIVE HISTORY:
New bill.

EFFECTIVE DATE:
This act shall take effect immediately.


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

                                  5889

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                           September 14, 2011
                               ___________

Introduced  by Sens. GALLIVAN, McDONALD -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Rules

AN ACT to amend chapter 58 of the laws of 2005, relating to  authorizing
  reimbursements  for  expenditures  made  by  or  on  behalf  of social
  services districts for medical assistance for needy  persons  and  the
  administration  thereof,  in  relation  to calculating social services
  district medical assistance expenditure amounts

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

  Section 1. Subdivision (c) of section 1 and subdivision (b) of section
2  of  part C of chapter 58 of the laws of 2005, relating to authorizing
reimbursements for expenditures made by or on behalf of social  services
districts  for  medical  assistance  for  needy persons and the adminis-
tration thereof, are amended to read as follows:
  (c) Commencing with the  calendar  year  beginning  January  1,  2006,
calendar  year  social  services district medical assistance expenditure
amounts for each social services district shall be calculated by  multi-
plying the results of the calculations performed pursuant to [paragraph]
SUBDIVISION  (b)  of  this  section by a non-compounded trend factor, as
follows:
  (i) 2006 (January 1, 2006 through December 31, 2006):  3.5%;
  (ii) 2007 (January 1, 2007 through December 31, 2007):   6.75%  (3.25%
plus the prior year's 3.5%);
  (iii)  2008  (January  1,  2008 through December 31, 2008):  9.75% (3%
plus the prior year's 6.75%);
  (iv) 2009 (January 1, 2009  through  December  31,  2009)[,  and  each
succeeding calendar year: prior year's trend factor percentage plus 3%]:
12.75% (3% PLUS THE PRIOR YEAR'S 9.75%);
  (V)  2010 (JANUARY 1, 2010 THROUGH DECEMBER 31, 2010): 15.75% (3% PLUS
THE PRIOR YEAR'S 12.75%);

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13008-05-1

S. 5889                             2

  (VI) 2011 (JANUARY 1, 2011 THROUGH DECEMBER 31, 2011): 18.75% (3% PLUS
THE PRIOR YEAR'S 15.75%);
  (VII)  2012  (JANUARY  1,  2012 THROUGH DECEMBER 31, 2012): 21.75% (3%
PLUS THE PRIOR YEAR'S 18.75%);
  (VIII) 2013 (JANUARY 1, 2013 THROUGH DECEMBER 31,  2013):  21.75%  (NO
CHANGE FROM THE PRIOR YEAR'S 21.75%);
  (IX)  2014  (JANUARY  1,  2014  THROUGH DECEMBER 31, 2014): 21.75% (NO
CHANGE FROM THE PRIOR YEAR'S 21.75%);
  (X) 2015 (JANUARY 1, 2015 THROUGH DECEMBER 31, 2015):  11.00%  (10.75%
SUBTRACTED FROM THE PRIOR YEAR'S 21.75%);
  (XI)  2016  (JANUARY  1,  2016  THROUGH  DECEMBER  31,  2016): 0% (11%
SUBTRACTED FROM THE PRIOR YEAR'S 11%);
  (XII) 2017 (JANUARY 1, 2017 THROUGH  DECEMBER  31,  2017):  -11%  (12%
SUBTRACTED FROM THE PRIOR YEAR'S 0%);
  (XIII)  2018  (JANUARY  1,  2018 THROUGH DECEMBER 31, 2018): -23% (13%
SUBTRACTED FROM THE PRIOR YEAR'S -11%);
  (XIV) 2019 (JANUARY 1, 2019 THROUGH  DECEMBER  31,  2019):  -36%  (14%
SUBTRACTED FROM THE PRIOR YEAR'S -23%);
  (XV)  2020  (JANUARY  1,  2020  THROUGH  DECEMBER 31, 2020): -50% (15%
SUBTRACTED FROM THE PRIOR YEAR'S -36%);
  (XVI) 2021 (JANUARY 1, 2021 THROUGH  DECEMBER  31,  2021):  -65%  (17%
SUBTRACTED FROM THE PRIOR YEAR'S -50%);
  (XVII)  2022  (JANUARY  1,  2022 THROUGH DECEMBER 31, 2022): -82% (12%
SUBTRACTED FROM THE PRIOR YEAR'S -65%);
  (XVIII) 2023 (JANUARY 1, 2023 THROUGH DECEMBER  31,  2023),  AND  EACH
SUCCEEDING  CALENDAR  YEAR:  -100%  (18% SUBTRACTED FROM THE -82% OF THE
YEAR 2022).
  (b) Notwithstanding any provisions of state or local law, ordinance or
resolution to the contrary:
  (i) A social services district shall exercise the option described  in
this  section through the adoption of a resolution by its local legisla-
tive body, in the form set forth in  [subparagraph]  PARAGRAPH  (ii)  of
this [paragraph] SUBDIVISION, to elect the medical assistance reimburse-
ment  methodology  set  forth  in  [paragraph]  SUBDIVISION  (a) of this
section and to elect the tax intercept methodology set forth in subdivi-
sion (f) of section 1261 of the tax law or subdivision  (g)  of  section
1261 and [subdivision] SUBSECTION (h) of section 1313 of the tax law, as
applicable.  A social services district, acting through its local legis-
lative body, is hereby authorized to adopt such  a  resolution.  Such  a
resolution shall be effective only if it is adopted exactly as set forth
in  [subparagraph]  PARAGRAPH  (ii)  of  this [paragraph] SUBDIVISION no
later than September 30, 2007, and a certified copy of  such  resolution
is  mailed to the commissioner of health by certified mail by such date.
The commissioner of health shall, no later than October 31, 2007, certi-
fy to the commissioner of taxation and finance a list  of  those  social
services  districts  which  have  elected  the  option described in this
section. A social services district shall have  [no]  THE  authority  to
rescind the exercise of the option described in this section THROUGH THE
ADOPTION  OF A RESOLUTION BY ITS LOCAL LEGISLATIVE BODY, IN THE FORM SET
FORTH IN PARAGRAPH (III) OF THIS  SUBDIVISION,  TO  ELECT  TO  CEASE  TO
PARTICIPATE  IN  THE  MEDICAL  ASSISTANCE  REIMBURSEMENT METHODOLOGY SET
FORTH IN SUBDIVISION (A) OF THIS SECTION AND TO ELECT TO  CEASE  TO  USE
THE  TAX  INTERCEPT METHODOLOGY SET FORTH IN SUBDIVISIONS (F) AND (G) OF
SECTION 1261 OF THE TAX LAW OR SUBSECTION (H) OF SECTION 1313 OF THE TAX
LAW, AS APPLICABLE. A SOCIAL SERVICES DISTRICT, ACTING THROUGH ITS LOCAL
LEGISLATIVE BODY, IS HEREBY AUTHORIZED TO ADOPT SUCH A RESOLUTION.  SUCH

S. 5889                             3

A  RESOLUTION  SHALL  BE  EFFECTIVE ONLY IF IT IS ADOPTED EXACTLY AS SET
FORTH IN PARAGRAPH (III) OF THIS SUBDIVISION NO LATER THAN SEPTEMBER 30,
2013, AND A CERTIFIED COPY OF SUCH RESOLUTION IS MAILED TO  THE  COMMIS-
SIONER  OF  HEALTH  BY  CERTIFIED MAIL BY SUCH DATE. THE COMMISSIONER OF
HEALTH SHALL, NO LATER THAN OCTOBER 31, 2013, CERTIFY TO THE COMMISSION-
ER OF TAXATION AND FINANCE A LIST OF  THOSE  SOCIAL  SERVICES  DISTRICTS
WHICH  HAVE  ELECTED  TO  CEASE PARTICIPATION IN THE OPTION DESCRIBED IN
THIS SECTION.
  (ii) Form of resolution.
  Be it enacted by the (county or city) of (insert locality's  name)  as
follows:
  Section  one.  The (county or city) of (insert locality's name) hereby
elects the medical assistance reimbursement option and revenue intercept
for Medicaid purposes described in section 2 of chapter (fill in chapter
number) of the laws of 2005.
  Section 2. This resolution shall take effect immediately.
  (III) FORM OF RESOLUTION.
  BE IT ENACTED BY THE (COUNTY OR CITY) OF (INSERT LOCALITY'S  NAME)  AS
FOLLOWS:
  SECTION  ONE.  THE (COUNTY OR CITY) OF (INSERT LOCALITY'S NAME) HEREBY
CEASES TO ELECT THE MEDICAL ASSISTANCE REIMBURSEMENT OPTION AND  REVENUE
INTERCEPT  FOR MEDICAID PURPOSES DESCRIBED IN SECTION 1 OF CHAPTER (FILL
IN CHAPTER NUMBER) OF THE LAWS OF 2011.
  SECTION 2. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY.
  S 2. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S5889A - Bill Details

See Assembly Version of this Bill:
A8644A
Current Committee:
Law Section:
Social Services
Laws Affected:
Amd Part C §§1 & 2, Chap 58 of 2005

S5889A - Bill Texts

view summary

Relates to calculating social services district medical assistance expenditure amounts.

view sponsor memo
BILL NUMBER:S5889A

TITLE OF BILL:
An act
to amend chapter 58 of the laws of 2005, relating to authorizing
reimbursements for expenditures made by or on behalf of social services
districts for medical assistance for needy persons and the
administration thereof, in relation to calculating social services
district medical assistance expenditure amounts

PURPOSE:
This bill provides for an immediate freeze of local contributions to
the cost of Medicaid followed by the gradual state assumption of all
nonfederal Medicaid costs over an 8 year period.

SUMMARY OF PROVISIONS:
Sections 1 and 2 of Part C of Chapter 58 of the Laws of 2005 are
amended to provide a phased takeover of the local share of Medicaid
costs.

JUSTIFICATION:
Since the enactment of the Medicaid program in 1965, local social
service districts (counties and the City of New York) have been
required to share in both the cost and administrative operation of
the program.
Over the years, the cost of the program has grown exponentially while
responsibility for program design and administration has been
gradually shifted to the state. By 2016, all administrative
responsibility for Medicaid will be assumed by the state.

Despite this shift of responsibility, county and New York City
governments continue to be required to contribute a significant share
of the total program cost. Currently, counties and New York City pay
approximately $7.3 billion per year and under existing law, these
costs will continue to increase by 3% each year. With the recently
enacted 2% cap on property taxes, counties simply cannot continue to
meet this state mandate without slashing other essential local
services such as senior services, veteran's
services, law enforcement, parks, and road maintenance.

This legislation provides for the gradual assumption of the current
local shares starting with an immediate freeze on local contributions
effective January 1, 2012. On October 1, 2012, local contributions
will be reduced by 5%. Additional reductions will be made in the
subsequent years ending the with the full assumption of local
Medicaid costs in 2019.

The timing of this legislation is designed to take advantage of
changes that may be required by the federal Affordable Care Act as
well as state actions being implemented or planned by the Governor's
Medicaid Redesign Team. Given the phased nature of the takeover,
there is ample time for the Governor and Legislature to develop and
consider changes to the program that may be required to maintain
program compliance with federal law as well as affordability to the
state.


LEGISLATIVE HISTORY:
New bill.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 5889--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                           September 14, 2011
                               ___________

Introduced  by Sens. GALLIVAN, McDONALD -- read twice and ordered print-
  ed, and when printed to be committed to  the  Committee  on  Rules  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend chapter 58 of the laws of 2005, relating to  authorizing
  reimbursements  for  expenditures  made  by  or  on  behalf  of social
  services districts for medical assistance for needy  persons  and  the
  administration  thereof,  in  relation  to calculating social services
  district medical assistance expenditure amounts

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

  Section  1.  Subdivisions (c) and (d) of section 1 and subdivision (b)
of section 2 of part C of chapter 58 of the laws of  2005,  relating  to
authorizing  reimbursements  for  expenditures  made  by or on behalf of
social services districts for medical assistance for needy  persons  and
the administration thereof, are amended to read as follows:
  (c)  Commencing  with  the  calendar  year  beginning January 1, 2006,
calendar year social services district  medical  assistance  expenditure
amounts  for each social services district shall be calculated by multi-
plying the results of the calculations performed pursuant to [paragraph]
SUBDIVISION (b) of this section by a  non-compounded  trend  factor,  as
follows:
  (i) 2006 (January 1, 2006 through December 31, 2006):  3.5%;
  (ii)  2007  (January 1, 2007 through December 31, 2007):  6.75% (3.25%
plus the prior year's 3.5%);
  (iii) 2008 (January 1, 2008 through December 31,  2008):    9.75%  (3%
plus the prior year's 6.75%);
  (iv)  2009  (January  1,  2009  through  December 31, 2009)[, and each
succeeding calendar year: prior year's trend factor percentage plus 3%]:
12.75% (3% PLUS THE PRIOR YEAR'S 9.75%);

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13008-06-1

S. 5889--A                          2

  (V) 2010 (JANUARY 1, 2010 THROUGH DECEMBER 31, 2010): 15.75% (3%  PLUS
THE PRIOR YEAR'S 12.75%);
  (VI) 2011 (JANUARY 1, 2011 THROUGH DECEMBER 31, 2011): 18.75% (3% PLUS
THE PRIOR YEAR'S 15.75%);
  (VII)  FIRST  THREE-QUARTERS  IN  2012 18.75% (JANUARY 1, 2012 THROUGH
SEPTEMBER 30, 2012): 18.75% (NO CHANGE FROM PRIOR YEAR'S 18.75%);
  (VIII) LAST QUARTER OF 2012 (OCTOBER  1,  2012  THROUGH  DECEMBER  31,
2012): 13.75% (5% SUBTRACTED FROM THE PREVIOUS PERIOD'S 18.75%);
  (IX)  2013  (JANUARY  1,  2013  THROUGH DECEMBER 31, 2013): 13.75% (NO
CHANGE FROM THE PRIOR QUARTER'S 13.75%);
  (X) 2014 (JANUARY 1, 2014  THROUGH  DECEMBER  31,  2014):  0%  (13.75%
SUBTRACTED FROM THE PRIOR YEAR'S 13.75%);
  (XI)  2015  (JANUARY  1,  2015  THROUGH  DECEMBER 31, 2015): -16% (16%
SUBTRACTED FROM THE PRIOR YEAR'S 0%);
  (XII) 2016 (JANUARY 1, 2016 THROUGH  DECEMBER  31,  2016):  -34%  (18%
SUBTRACTED FROM THE PRIOR YEAR'S -16%);
  (XIII)  2017  (JANUARY  1,  2017 THROUGH DECEMBER 31, 2017): -54% (20%
SUBTRACTED FROM THE PRIOR YEAR'S -34%);
  (XIV) 2018 (JANUARY 1, 2018 THROUGH  DECEMBER  31,  2018):  -76%  (22%
SUBTRACTED FROM THE PRIOR YEAR'S -54%);
  (XV)  2019  (JANUARY  1,  2019  THROUGH  DECEMBER  31, 2019), AND EACH
SUCCEEDING CALENDAR YEAR: -100% (24% SUBTRACTED FROM  THE  -76%  OF  THE
YEAR 2018).
  (d) The base year expenditure amounts calculated pursuant to paragraph
(b)  of  this  section  and  the  calendar year social services district
expenditure amounts calculated pursuant to paragraph (c) of this section
shall be converted into  state  fiscal  year  social  services  district
expenditure cap amounts for each social services district such that each
such state fiscal year amount is proportional to the portions of the two
calendar years within each fiscal year, as follows:
  (i)  fiscal year 2005-2006 (April 1, 2005 through March 31, 2006): 75%
of the base year amount plus 25% of the 2006 calendar year amount;
  (ii) fiscal year 2006-2007 (April 1, 2006 through March 31, 2007): 75%
of the 2006 year calendar amount plus 25%  of  the  2007  calendar  year
amount;
  (iii)  FISCAL  YEAR  2007-2008 (APRIL 1, 2007 THROUGH MARCH 31, 2008):
75% OF THE 2007 YEAR CALENDAR AMOUNT PLUS 25% OF THE 2008 CALENDAR  YEAR
AMOUNT;
  (IV) FISCAL YEAR 2008-2009 (APRIL 1, 2008 THROUGH MARCH 31, 2009): 75%
OF  THE  2008  YEAR  CALENDAR  AMOUNT PLUS 25% OF THE 2009 CALENDAR YEAR
AMOUNT;
  (V) FISCAL YEAR 2009-2010 (APRIL 1, 2009 THROUGH MARCH 31, 2010):  75%
OF  THE  2009  YEAR  CALENDAR  AMOUNT PLUS 25% OF THE 2010 CALENDAR YEAR
AMOUNT;
  (VI) FISCAL YEAR 2010-2011 (APRIL 1, 2010 THROUGH MARCH 31, 2011): 75%
OF THE 2010 YEAR CALENDAR AMOUNT PLUS 25%  OF  THE  2011  CALENDAR  YEAR
AMOUNT;
  (VII)  FISCAL  YEAR  2011-2012 (APRIL 1, 2011 THROUGH MARCH 31, 2012):
100% OF THE 2011 YEAR CALENDAR AMOUNT;
  (VIII) FISCAL YEAR 2012-2013 (APRIL 1, 2012 THROUGH MARCH  31,  2013):
50%  OF THE 2011 YEAR CALENDAR AMOUNT PLUS 50% OF THE 2013 CALENDAR YEAR
AMOUNT;
  (IX) FISCAL YEAR 2013-2014 (APRIL 1, 2013 THROUGH MARCH 31, 2014): 75%
OF THE 2013 YEAR CALENDAR AMOUNT PLUS 25%  OF  THE  2014  CALENDAR  YEAR
AMOUNT;

S. 5889--A                          3

  (X)  FISCAL YEAR 2014-2015 (APRIL 1, 2014 THROUGH MARCH 31, 2015): 75%
OF THE 2014 YEAR CALENDAR AMOUNT PLUS 25%  OF  THE  2015  CALENDAR  YEAR
AMOUNT;
  (XI) each succeeding fiscal year: 75% of the first calendar year with-
in that fiscal year's amount plus 25% of the second calendar year within
that fiscal year's amount.
  (b) Notwithstanding any provisions of state or local law, ordinance or
resolution to the contrary:
  (i)  A social services district shall exercise the option described in
this section through the adoption of a resolution by its local  legisla-
tive  body,  in  the  form set forth in [subparagraph] PARAGRAPH (ii) of
this [paragraph] SUBDIVISION, to elect the medical assistance reimburse-
ment methodology set  forth  in  [paragraph]  SUBDIVISION  (a)  of  this
section and to elect the tax intercept methodology set forth in subdivi-
sion  (f)  of  section 1261 of the tax law or subdivision (g) of section
1261 and [subdivision] SUBSECTION (h) of section 1313 of the tax law, as
applicable. A social services district, acting through its local  legis-
lative  body,  is  hereby  authorized to adopt such a resolution. Such a
resolution shall be effective only if it is adopted exactly as set forth
in [subparagraph] PARAGRAPH (ii)  of  this  [paragraph]  SUBDIVISION  no
later  than  September 30, 2007, and a certified copy of such resolution
is mailed to the commissioner of health by certified mail by such  date.
The commissioner of health shall, no later than October 31, 2007, certi-
fy  to  the  commissioner of taxation and finance a list of those social
services districts which have  elected  the  option  described  in  this
section.  A  social  services  district shall have [no] THE authority to
rescind the exercise of the option described in this section THROUGH THE
ADOPTION OF A RESOLUTION BY ITS LOCAL LEGISLATIVE BODY, IN THE FORM  SET
FORTH  IN  PARAGRAPH  (III)  OF  THIS  SUBDIVISION, TO ELECT TO CEASE TO
PARTICIPATE IN THE  MEDICAL  ASSISTANCE  REIMBURSEMENT  METHODOLOGY  SET
FORTH  IN  SUBDIVISION  (A) OF THIS SECTION AND TO ELECT TO CEASE TO USE
THE TAX INTERCEPT METHODOLOGY SET FORTH IN SUBDIVISIONS (F) AND  (G)  OF
SECTION 1261 OF THE TAX LAW OR SUBSECTION (H) OF SECTION 1313 OF THE TAX
LAW, AS APPLICABLE. A SOCIAL SERVICES DISTRICT, ACTING THROUGH ITS LOCAL
LEGISLATIVE  BODY, IS HEREBY AUTHORIZED TO ADOPT SUCH A RESOLUTION. SUCH
A RESOLUTION SHALL BE EFFECTIVE ONLY IF IT IS  ADOPTED  EXACTLY  AS  SET
FORTH IN PARAGRAPH (III) OF THIS SUBDIVISION NO LATER THAN SEPTEMBER 30,
2013,  AND  A CERTIFIED COPY OF SUCH RESOLUTION IS MAILED TO THE COMMIS-
SIONER OF HEALTH BY CERTIFIED MAIL BY SUCH  DATE.  THE  COMMISSIONER  OF
HEALTH SHALL, NO LATER THAN OCTOBER 31, 2013, CERTIFY TO THE COMMISSION-
ER  OF  TAXATION  AND  FINANCE A LIST OF THOSE SOCIAL SERVICES DISTRICTS
WHICH HAVE ELECTED TO CEASE PARTICIPATION IN  THE  OPTION  DESCRIBED  IN
THIS SECTION.
  (ii) Form of resolution.
  Be  it  enacted by the (county or city) of (insert locality's name) as
follows:
  Section one. The (county or city) of (insert locality's  name)  hereby
elects the medical assistance reimbursement option and revenue intercept
for Medicaid purposes described in section 2 of chapter (fill in chapter
number) of the laws of 2005.
  Section 2. This resolution shall take effect immediately.
  (III) FORM OF RESOLUTION.
  BE  IT  ENACTED BY THE (COUNTY OR CITY) OF (INSERT LOCALITY'S NAME) AS
FOLLOWS:
  SECTION ONE. THE (COUNTY OR CITY) OF (INSERT LOCALITY'S  NAME)  HEREBY
CEASES  TO ELECT THE MEDICAL ASSISTANCE REIMBURSEMENT OPTION AND REVENUE

S. 5889--A                          4

INTERCEPT FOR MEDICAID PURPOSES DESCRIBED IN SECTION 1 OF CHAPTER  (FILL
IN CHAPTER NUMBER) OF THE LAWS OF 2011.
  SECTION 2. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY.
  S 2. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S5889B - Bill Details

See Assembly Version of this Bill:
A8644A
Current Committee:
Law Section:
Social Services
Laws Affected:
Amd Part C §§1 & 2, Chap 58 of 2005

S5889B - Bill Texts

view summary

Relates to calculating social services district medical assistance expenditure amounts.

view sponsor memo
BILL NUMBER:S5889B

TITLE OF BILL:
An act
to amend chapter 58 of the laws of 2005, relating to authorizing
reimbursements for expenditures made by or on behalf of social services
districts for medical assistance for needy persons and the
administration thereof, in relation to calculating social services
district medical assistance expenditure amounts

PURPOSE:
This bill provides for an immediate freeze of local contributions to
the cost of Medicaid followed by the gradual state assumption of all
non-federal Medicaid costs over an 8-year period.

SUMMARY OF PROVISIONS:
Sections 1 and 2 of Part C of Chapter 58 of the Laws of 2005 are
amended to provide a phased takeover of the local share of Medicaid
costs.

JUSTIFICATION:
Since the enactment of the Medicaid program in 1965, local social
service districts (counties and the City of New York) have been
required to share in both the cost and administrative operation of
the program.
Over the years, the cost of the program has grown exponentially while
responsibility for program design and administration has been
gradually shifted to the state. By 2016, all administrative
responsibility for Medicaid will be assumed by the state.

Despite this shift of responsibility, county and New York City
governments continue to be required to contribute a significant share
of the total program cost. Currently, counties and New York City pay
approximately $7.3 billion per year and under existing law, these
costs will continue to increase by 3% each year. With the recently
enacted 2% cap on property taxes, counties simply cannot continue to
meet this state mandate without slashing other essential local
services such as senior services, veteran's services, law
enforcement, parks, and road maintenance.

This legislation provides for the gradual assumption of the current
local shares starting with an immediate freeze on local contributions
effective January 1, 2012. On October 1, 2012, local contributions
will be reduced by 5%. Additional reductions will be made in the
subsequent years ending the with the full assumption of local
Medicaid costs in 2019.

The timing of this legislation is designed to take advantage of
changes that may be required by the federal Affordable Care Act as
well as state actions being implemented or planned by the Governor's
Medicaid Redesign Team. Given the phased nature of the takeover,
there is ample time for the Governor and Legislature to develop and
consider changes to the program that may be required to maintain
program compliance with federal law as well as affordability to the
state.


LEGISLATIVE HISTORY:
New Bill.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 5889--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                           September 14, 2011
                               ___________

Introduced by Sens. GALLIVAN, McDONALD, GRISANTI, LARKIN, RITCHIE, VALE-
  SKY,  YOUNG  -- read twice and ordered printed, and when printed to be
  committed to the Committee on  Rules  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to amend chapter 58 of the laws of 2005, relating to authorizing
  reimbursements for  expenditures  made  by  or  on  behalf  of  social
  services  districts  for  medical assistance for needy persons and the
  administration thereof, in relation  to  calculating  social  services
  district medical assistance expenditure amounts

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

  Section 1. Subdivisions (c) and (d) of section 1 and  subdivision  (b)
of  section  2  of part C of chapter 58 of the laws of 2005, relating to
authorizing reimbursements for expenditures made  by  or  on  behalf  of
social  services  districts for medical assistance for needy persons and
the administration thereof, are amended to read as follows:
  (c) Commencing with the  calendar  year  beginning  January  1,  2006,
calendar  year  social  services district medical assistance expenditure
amounts for each social services district shall be calculated by  multi-
plying the results of the calculations performed pursuant to [paragraph]
SUBDIVISION  (b)  of  this  section by a non-compounded trend factor, as
follows:
  (i) 2006 (January 1, 2006 through December 31, 2006):  3.5%;
  (ii) 2007 (January 1, 2007 through December 31, 2007):   6.75%  (3.25%
plus the prior year's 3.5%);
  (iii)  2008  (January  1,  2008 through December 31, 2008):  9.75% (3%
plus the prior year's 6.75%);

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13008-08-1

S. 5889--B                          2

  (iv) 2009 (January 1, 2009  through  December  31,  2009)[,  and  each
succeeding calendar year: prior year's trend factor percentage plus 3%]:
12.75% (3% PLUS THE PRIOR YEAR'S 9.75%);
  (V)  2010 (JANUARY 1, 2010 THROUGH DECEMBER 31, 2010): 15.75% (3% PLUS
THE PRIOR YEAR'S 12.75%);
  (VI) 2011 (JANUARY 1, 2011 THROUGH DECEMBER 31, 2011): 18.75% (3% PLUS
THE PRIOR YEAR'S 15.75%);
  (VII) FIRST THREE-QUARTERS OF 2012 (JANUARY 1, 2012 THROUGH  SEPTEMBER
30, 2012): 18.75% (NO CHANGE FROM PRIOR YEAR'S 18.75%);
  (VIII)  LAST  QUARTER  OF  2012  (OCTOBER 1, 2012 THROUGH DECEMBER 31,
2012): 13.75% (5% SUBTRACTED FROM THE PREVIOUS PERIOD'S 18.75%);
  (IX) 2013 (JANUARY 1, 2013 THROUGH  DECEMBER  31,  2013):  13.75%  (NO
CHANGE FROM THE PRIOR QUARTER'S 13.75%);
  (X)  2014  (JANUARY  1,  2014  THROUGH  DECEMBER 31, 2014): 0% (13.75%
SUBTRACTED FROM THE PRIOR YEAR'S 13.75%);
  (XI) 2015 (JANUARY 1, 2015  THROUGH  DECEMBER  31,  2015):  -16%  (16%
SUBTRACTED FROM THE PRIOR YEAR'S 0%);
  (XII)  2016  (JANUARY  1,  2016  THROUGH DECEMBER 31, 2016): -34% (18%
SUBTRACTED FROM THE PRIOR YEAR'S -16%);
  (XIII) 2017 (JANUARY 1, 2017 THROUGH DECEMBER  31,  2017):  -54%  (20%
SUBTRACTED FROM THE PRIOR YEAR'S -34%);
  (XIV)  2018  (JANUARY  1,  2018  THROUGH DECEMBER 31, 2018): -76% (22%
SUBTRACTED FROM THE PRIOR YEAR'S -54%);
  (XV) 2019 (JANUARY 1,  2019  THROUGH  DECEMBER  31,  2019),  AND  EACH
SUCCEEDING  CALENDAR  YEAR:  -100%  (24% SUBTRACTED FROM THE -76% OF THE
YEAR 2018).
  (d) The base year expenditure amounts calculated pursuant to paragraph
(b) of this section and  the  calendar  year  social  services  district
expenditure amounts calculated pursuant to paragraph (c) of this section
shall  be  converted  into  state  fiscal  year social services district
expenditure cap amounts for each social services district such that each
such state fiscal year amount is proportional to the portions of the two
calendar years within each fiscal year, as follows:
  (i) fiscal year 2005-2006 (April 1, 2005 through March 31, 2006):  75%
of the base year amount plus 25% of the 2006 calendar year amount;
  (ii) fiscal year 2006-2007 (April 1, 2006 through March 31, 2007): 75%
of  the  2006  year  calendar  amount plus 25% of the 2007 calendar year
amount;
  (iii) FISCAL YEAR 2007-2008 (APRIL 1, 2007 THROUGH  MARCH  31,  2008):
75%  OF THE 2007 YEAR CALENDAR AMOUNT PLUS 25% OF THE 2008 CALENDAR YEAR
AMOUNT;
  (IV) FISCAL YEAR 2008-2009 (APRIL 1, 2008 THROUGH MARCH 31, 2009): 75%
OF THE 2008 YEAR CALENDAR AMOUNT PLUS 25%  OF  THE  2009  CALENDAR  YEAR
AMOUNT;
  (V)  FISCAL YEAR 2009-2010 (APRIL 1, 2009 THROUGH MARCH 31, 2010): 75%
OF THE 2009 YEAR CALENDAR AMOUNT PLUS 25%  OF  THE  2010  CALENDAR  YEAR
AMOUNT;
  (VI) FISCAL YEAR 2010-2011 (APRIL 1, 2010 THROUGH MARCH 31, 2011): 75%
OF  THE  2010  YEAR  CALENDAR  AMOUNT PLUS 25% OF THE 2011 CALENDAR YEAR
AMOUNT;
  (VII) FISCAL YEAR 2011-2012 (APRIL 1, 2011 THROUGH  MARCH  31,  2012):
100% OF THE 2011 YEAR CALENDAR AMOUNT;
  (VIII)  FISCAL  YEAR 2012-2013 (APRIL 1, 2012 THROUGH MARCH 31, 2013):
50% OF THE 2011 YEAR CALENDAR AMOUNT PLUS 50% OF THE 2013 CALENDAR  YEAR
AMOUNT;

S. 5889--B                          3

  (IX) FISCAL YEAR 2013-2014 (APRIL 1, 2013 THROUGH MARCH 31, 2014): 75%
OF  THE  2013  YEAR  CALENDAR  AMOUNT PLUS 25% OF THE 2014 CALENDAR YEAR
AMOUNT;
  (X)  FISCAL YEAR 2014-2015 (APRIL 1, 2014 THROUGH MARCH 31, 2015): 75%
OF THE 2014 YEAR CALENDAR AMOUNT PLUS 25%  OF  THE  2015  CALENDAR  YEAR
AMOUNT;
  (XI) each succeeding fiscal year: 75% of the first calendar year with-
in that fiscal year's amount plus 25% of the second calendar year within
that fiscal year's amount.
  (b) Notwithstanding any provisions of state or local law, ordinance or
resolution to the contrary:
  (i)  A social services district shall exercise the option described in
this section through the adoption of a resolution by its local  legisla-
tive  body,  in  the  form set forth in [subparagraph] PARAGRAPH (ii) of
this [paragraph] SUBDIVISION, to elect the medical assistance reimburse-
ment methodology set  forth  in  [paragraph]  SUBDIVISION  (a)  of  this
section and to elect the tax intercept methodology set forth in subdivi-
sion  (f)  of  section 1261 of the tax law or subdivision (g) of section
1261 and [subdivision] SUBSECTION (h) of section 1313 of the tax law, as
applicable. A social services district, acting through its local  legis-
lative  body,  is  hereby  authorized to adopt such a resolution. Such a
resolution shall be effective only if it is adopted exactly as set forth
in [subparagraph] PARAGRAPH (ii)  of  this  [paragraph]  SUBDIVISION  no
later  than  September 30, 2007, and a certified copy of such resolution
is mailed to the commissioner of health by certified mail by such  date.
The commissioner of health shall, no later than October 31, 2007, certi-
fy  to  the  commissioner of taxation and finance a list of those social
services districts which have  elected  the  option  described  in  this
section.  A  social  services  district shall have [no] THE authority to
rescind the exercise of the option described in this section THROUGH THE
ADOPTION OF A RESOLUTION BY ITS LOCAL LEGISLATIVE BODY, IN THE FORM  SET
FORTH  IN  PARAGRAPH  (III)  OF  THIS  SUBDIVISION, TO ELECT TO CEASE TO
PARTICIPATE IN THE  MEDICAL  ASSISTANCE  REIMBURSEMENT  METHODOLOGY  SET
FORTH  IN  SUBDIVISION  (A) OF THIS SECTION AND TO ELECT TO CEASE TO USE
THE TAX INTERCEPT METHODOLOGY SET FORTH IN SUBDIVISIONS (F) AND  (G)  OF
SECTION 1261 OF THE TAX LAW OR SUBSECTION (H) OF SECTION 1313 OF THE TAX
LAW, AS APPLICABLE. A SOCIAL SERVICES DISTRICT, ACTING THROUGH ITS LOCAL
LEGISLATIVE  BODY, IS HEREBY AUTHORIZED TO ADOPT SUCH A RESOLUTION. SUCH
A RESOLUTION SHALL BE EFFECTIVE ONLY IF IT IS  ADOPTED  EXACTLY  AS  SET
FORTH IN PARAGRAPH (III) OF THIS SUBDIVISION NO LATER THAN SEPTEMBER 30,
2013,  AND  A CERTIFIED COPY OF SUCH RESOLUTION IS MAILED TO THE COMMIS-
SIONER OF HEALTH BY CERTIFIED MAIL BY SUCH  DATE.  THE  COMMISSIONER  OF
HEALTH SHALL, NO LATER THAN OCTOBER 31, 2013, CERTIFY TO THE COMMISSION-
ER  OF  TAXATION  AND  FINANCE A LIST OF THOSE SOCIAL SERVICES DISTRICTS
WHICH HAVE ELECTED TO CEASE PARTICIPATION IN  THE  OPTION  DESCRIBED  IN
THIS SECTION.
  (ii) Form of resolution.
  Be  it  enacted by the (county or city) of (insert locality's name) as
follows:
  Section one. The (county or city) of (insert locality's  name)  hereby
elects the medical assistance reimbursement option and revenue intercept
for Medicaid purposes described in section 2 of chapter (fill in chapter
number) of the laws of 2005.
  Section 2. This resolution shall take effect immediately.
  (III) FORM OF RESOLUTION.

S. 5889--B                          4

  BE  IT  ENACTED BY THE (COUNTY OR CITY) OF (INSERT LOCALITY'S NAME) AS
FOLLOWS:
  SECTION  ONE.  THE (COUNTY OR CITY) OF (INSERT LOCALITY'S NAME) HEREBY
CEASES TO ELECT THE MEDICAL ASSISTANCE REIMBURSEMENT OPTION AND  REVENUE
INTERCEPT  FOR MEDICAID PURPOSES DESCRIBED IN SECTION 1 OF CHAPTER (FILL
IN CHAPTER NUMBER) OF THE LAWS OF 2011.
  SECTION 2. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY.
  S 2. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S5889C - Bill Details

See Assembly Version of this Bill:
A8644A
Current Committee:
Law Section:
Social Services
Laws Affected:
Amd Part C §§1 & 2, Chap 58 of 2005

S5889C - Bill Texts

view summary

Relates to calculating social services district medical assistance expenditure amounts.

view sponsor memo
BILL NUMBER:S5889C

TITLE OF BILL:
An act
to amend chapter 58 of the laws of 2005, relating to authorizing
reimbursements for expenditures made by or on behalf of social services
districts for medical assistance for needy persons and the
administration thereof, in relation to calculating social services
district medical assistance expenditure amounts

PURPOSE:
This bill provides for an immediate freeze of local contributions to
the cost of Medicaid followed by the gradual state assumption of all
nonfederal Medicaid costs over an 8 year period.

SUMMARY OF PROVISIONS:
Sections 1 and 2 of Part C of Chapter 58 of the Laws of 2005 are
amended to provide a phased takeover of the local share of Medicaid
costs.

JUSTIFICATION:
Since the enactment of the Medicaid program in 1965, local social
service districts (counties and the City of New York) have been
required to share in both the cost and administrative operation of
the program.
Over the years, the cost of the program has grown exponentially while
responsibility for program design and administration has been
gradually shifted to the state. By 2016, all administrative
responsibility for Medicaid will be assumed by the state.

Despite this shift of responsibility, county and New York City
governments continue to be required to contribute a significant share
of the total program cost. Currently, counties and New York City pay
approximately $7.3 billion per year and under existing law, these
costs will continue to increase by 3% each year. With the recently
enacted 2% cap on property taxes, counties simply cannot continue to
meet this state mandate without slashing other essential local
services such as senior services, veteran's services, law
enforcement, parks, and road maintenance.

This legislation provides for the gradual assumption of the current
local shares starting with an immediate freeze on local contributions
effective January 1, 2012. On October 1, 2012, local contributions
will be reduced by 5%. Additional reductions will be made in the
subsequent years ending the with the full assumption of local
Medicaid costs in 2019.

The timing of this legislation is designed to take advantage of
changes that may be required by the federal Affordable Care Act as
well as state actions being implemented or planned by the Governor's
Medicaid Redesign Team. Given the phased nature of the takeover,
there is ample time for the Governor and Legislature to develop and
consider changes to the program that may be required to maintain
program compliance with federal law as well as affordability to the
state.


LEGISLATIVE HISTORY:
New bill.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 5889--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                           September 14, 2011
                               ___________

Introduced  by  Sens.  GALLIVAN,  McDONALD,  RANZENHOFER, ALESI, AVELLA,
  BALL, BONACIC, CARLUCCI, FARLEY,  GOLDEN,  GRIFFO,  GRISANTI,  LARKIN,
  LIBOUS,  MAZIARZ,  MONTGOMERY, NOZZOLIO, O'MARA, OPPENHEIMER, RITCHIE,
  SEWARD, VALESKY, YOUNG -- read twice and  ordered  printed,  and  when
  printed  to  be  committed  to  the  Committee  on  Rules -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Social Services in accordance with Senate Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend chapter 58 of the laws of 2005, relating to  authorizing
  reimbursements  for  expenditures  made  by  or  on  behalf  of social
  services districts for medical assistance for needy  persons  and  the
  administration  thereof,  in  relation  to calculating social services
  district medical assistance expenditure amounts

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

  Section  1.  Subdivisions (c) and (d) of section 1 and subdivision (b)
of section 2 of part C of chapter 58 of the laws of  2005,  relating  to
authorizing  reimbursements  for  expenditures  made  by or on behalf of
social services districts for medical assistance for needy  persons  and
the administration thereof, are amended to read as follows:
  (c)  Commencing  with  the  calendar  year  beginning January 1, 2006,
calendar year social services district  medical  assistance  expenditure
amounts  for each social services district shall be calculated by multi-
plying the results of the calculations performed pursuant to [paragraph]
SUBDIVISION (b) of this section by a  non-compounded  trend  factor,  as
follows:
  (i) 2006 (January 1, 2006 through December 31, 2006):  3.5%;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13008-10-2

S. 5889--C                          2

  (ii)  2007  (January 1, 2007 through December 31, 2007):  6.75% (3.25%
plus the prior year's 3.5%);
  (iii)  2008  (January  1,  2008 through December 31, 2008):  9.75% (3%
plus the prior year's 6.75%);
  (iv) 2009 (January 1, 2009  through  December  31,  2009)[,  and  each
succeeding calendar year: prior year's trend factor percentage plus 3%]:
12.75% (3% PLUS THE PRIOR YEAR'S 9.75%);
  (V)  2010 (JANUARY 1, 2010 THROUGH DECEMBER 31, 2010): 15.75% (3% PLUS
THE PRIOR YEAR'S 12.75%);
  (VI) 2011 (JANUARY 1, 2011 THROUGH DECEMBER 31, 2011): 18.75% (3% PLUS
THE PRIOR YEAR'S 15.75%);
  (VII) FIRST THREE-QUARTERS OF 2012 (JANUARY 1, 2012 THROUGH  SEPTEMBER
30, 2012): 18.75% (NO CHANGE FROM PRIOR YEAR'S 18.75%);
  (VIII)  LAST  QUARTER  OF  2012  (OCTOBER 1, 2012 THROUGH DECEMBER 31,
2012): 13.75% (5% SUBTRACTED FROM THE PREVIOUS PERIOD'S 18.75%);
  (IX) 2013 (JANUARY 1, 2013 THROUGH  DECEMBER  31,  2013):  13.75%  (NO
CHANGE FROM THE PRIOR QUARTER'S 13.75%);
  (X)  2014  (JANUARY  1,  2014  THROUGH  DECEMBER 31, 2014): 0% (13.75%
SUBTRACTED FROM THE PRIOR YEAR'S 13.75%);
  (XI) 2015 (JANUARY 1, 2015  THROUGH  DECEMBER  31,  2015):  -16%  (16%
SUBTRACTED FROM THE PRIOR YEAR'S 0%);
  (XII)  2016  (JANUARY  1,  2016  THROUGH DECEMBER 31, 2016): -34% (18%
SUBTRACTED FROM THE PRIOR YEAR'S -16%);
  (XIII) 2017 (JANUARY 1, 2017 THROUGH DECEMBER  31,  2017):  -54%  (20%
SUBTRACTED FROM THE PRIOR YEAR'S -34%);
  (XIV)  2018  (JANUARY  1,  2018  THROUGH DECEMBER 31, 2018): -76% (22%
SUBTRACTED FROM THE PRIOR YEAR'S -54%);
  (XV) 2019 (JANUARY 1,  2019  THROUGH  DECEMBER  31,  2019),  AND  EACH
SUCCEEDING  CALENDAR  YEAR:  -100%  (24% SUBTRACTED FROM THE -76% OF THE
YEAR 2018).
  (d) The base year expenditure amounts calculated  pursuant  to  [para-
graph]  SUBDIVISION  (b)  of  this  section and the calendar year social
services district expenditure amounts calculated pursuant to [paragraph]
SUBDIVISION (c) of this section shall be  converted  into  state  fiscal
year  social  services  district expenditure cap amounts for each social
services district such that  each  such  state  fiscal  year  amount  is
proportional  to  the  portions  of  the  two calendar years within each
fiscal year, as follows:
  (i) fiscal year 2005-2006 (April 1, 2005 through March 31, 2006):  75%
of the base year amount plus 25% of the 2006 calendar year amount;
  (ii) fiscal year 2006-2007 (April 1, 2006 through March 31, 2007): 75%
of  the  2006  year  calendar  amount plus 25% of the 2007 calendar year
amount;
  (iii) FISCAL YEAR 2007-2008 (APRIL 1, 2007 THROUGH  MARCH  31,  2008):
75%  OF THE 2007 YEAR CALENDAR AMOUNT PLUS 25% OF THE 2008 CALENDAR YEAR
AMOUNT;
  (IV) FISCAL YEAR 2008-2009 (APRIL 1, 2008 THROUGH MARCH 31, 2009): 75%
OF THE 2008 YEAR CALENDAR AMOUNT PLUS 25%  OF  THE  2009  CALENDAR  YEAR
AMOUNT;
  (V)  FISCAL YEAR 2009-2010 (APRIL 1, 2009 THROUGH MARCH 31, 2010): 75%
OF THE 2009 YEAR CALENDAR AMOUNT PLUS 25%  OF  THE  2010  CALENDAR  YEAR
AMOUNT;
  (VI) FISCAL YEAR 2010-2011 (APRIL 1, 2010 THROUGH MARCH 31, 2011): 75%
OF  THE  2010  YEAR  CALENDAR  AMOUNT PLUS 25% OF THE 2011 CALENDAR YEAR
AMOUNT;

S. 5889--C                          3

  (VII) FISCAL YEAR 2011-2012 (APRIL 1, 2011 THROUGH  MARCH  31,  2012):
100% OF THE 2011 YEAR CALENDAR AMOUNT;
  (VIII)  FISCAL  YEAR 2012-2013 (APRIL 1, 2012 THROUGH MARCH 31, 2013):
50% OF THE 2011 YEAR CALENDAR AMOUNT PLUS 50% OF THE 2013 CALENDAR  YEAR
AMOUNT;
  (IX) FISCAL YEAR 2013-2014 (APRIL 1, 2013 THROUGH MARCH 31, 2014): 75%
OF  THE  2013  YEAR  CALENDAR  AMOUNT PLUS 25% OF THE 2014 CALENDAR YEAR
AMOUNT;
  (X) FISCAL YEAR 2014-2015 (APRIL 1, 2014 THROUGH MARCH 31, 2015):  75%
OF  THE  2014  YEAR  CALENDAR  AMOUNT PLUS 25% OF THE 2015 CALENDAR YEAR
AMOUNT;
  (XI) each succeeding fiscal year: 75% of the first calendar year with-
in that fiscal year's amount plus 25% of the second calendar year within
that fiscal year's amount.
  (b) Notwithstanding any provisions of state or local law, ordinance or
resolution to the contrary:
  (i) A social services district shall exercise the option described  in
this  section through the adoption of a resolution by its local legisla-
tive body, in the form set forth in  [subparagraph]  PARAGRAPH  (ii)  of
this [paragraph] SUBDIVISION, to elect the medical assistance reimburse-
ment  methodology  set  forth  in  [paragraph]  SUBDIVISION  (a) of this
section and to elect the tax intercept methodology set forth in subdivi-
sion (f) of section 1261 of the tax law or subdivision  (g)  of  section
1261 and [subdivision] SUBSECTION (h) of section 1313 of the tax law, as
applicable.  A social services district, acting through its local legis-
lative body, is hereby authorized to adopt such  a  resolution.  Such  a
resolution shall be effective only if it is adopted exactly as set forth
in  [subparagraph]  PARAGRAPH  (ii)  of  this [paragraph] SUBDIVISION no
later than September 30, 2007, and a certified copy of  such  resolution
is  mailed to the commissioner of health by certified mail by such date.
The commissioner of health shall, no later than October 31, 2007, certi-
fy to the commissioner of taxation and finance a list  of  those  social
services  districts  which  have  elected  the  option described in this
section. A social services district shall have  [no]  THE  authority  to
rescind the exercise of the option described in this section THROUGH THE
ADOPTION  OF A RESOLUTION BY ITS LOCAL LEGISLATIVE BODY, IN THE FORM SET
FORTH IN PARAGRAPH (III) OF THIS  SUBDIVISION,  TO  ELECT  TO  CEASE  TO
PARTICIPATE  IN  THE  MEDICAL  ASSISTANCE  REIMBURSEMENT METHODOLOGY SET
FORTH IN SUBDIVISION (A) OF THIS SECTION AND TO ELECT TO  CEASE  TO  USE
THE  TAX  INTERCEPT METHODOLOGY SET FORTH IN SUBDIVISIONS (F) AND (G) OF
SECTION 1261 OF THE TAX LAW OR SUBSECTION (H) OF SECTION 1313 OF THE TAX
LAW, AS APPLICABLE. A SOCIAL SERVICES DISTRICT, ACTING THROUGH ITS LOCAL
LEGISLATIVE BODY, IS HEREBY AUTHORIZED TO ADOPT SUCH A RESOLUTION.  SUCH
A  RESOLUTION  SHALL  BE  EFFECTIVE ONLY IF IT IS ADOPTED EXACTLY AS SET
FORTH IN PARAGRAPH (III) OF THIS SUBDIVISION NO LATER THAN SEPTEMBER 30,
2013, AND A CERTIFIED COPY OF SUCH RESOLUTION IS MAILED TO  THE  COMMIS-
SIONER  OF  HEALTH  BY  CERTIFIED MAIL BY SUCH DATE. THE COMMISSIONER OF
HEALTH SHALL, NO LATER THAN OCTOBER 31, 2013, CERTIFY TO THE COMMISSION-
ER OF TAXATION AND FINANCE A LIST OF  THOSE  SOCIAL  SERVICES  DISTRICTS
WHICH  HAVE  ELECTED  TO  CEASE PARTICIPATION IN THE OPTION DESCRIBED IN
THIS SECTION.
  (ii) Form of resolution.
  Be it enacted by the (county or city) of (insert locality's  name)  as
follows:
  Section  one.  The (county or city) of (insert locality's name) hereby
elects the medical assistance reimbursement option and revenue intercept

S. 5889--C                          4

for Medicaid purposes described in section 2 of chapter (fill in chapter
number) of the laws of 2005.
  Section 2. This resolution shall take effect immediately.
  (III) FORM OF RESOLUTION.
  BE  IT  ENACTED BY THE (COUNTY OR CITY) OF (INSERT LOCALITY'S NAME) AS
FOLLOWS:
  SECTION ONE. THE (COUNTY OR CITY) OF (INSERT LOCALITY'S  NAME)  HEREBY
CEASES  TO ELECT THE MEDICAL ASSISTANCE REIMBURSEMENT OPTION AND REVENUE
INTERCEPT FOR MEDICAID PURPOSES DESCRIBED IN SECTION 1 OF CHAPTER  (FILL
IN CHAPTER NUMBER) OF THE LAWS OF 2012.
  SECTION 2. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY.
  S 2. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S5889D (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8644A
Current Committee:
Law Section:
Social Services
Laws Affected:
Amd Part C §§1 & 2, Chap 58 of 2005

S5889D (ACTIVE) - Bill Texts

view summary

Relates to calculating social services district medical assistance expenditure amounts.

view sponsor memo
BILL NUMBER:S5889D REVISED 06/12/12

TITLE OF BILL:
An act
to amend chapter 58 of the laws of 2005, relating to authorizing
reimbursements for expenditures made by or on behalf of social services
districts for medical assistance for needy persons and the
administration thereof, and to amend the general municipal law,
in relation to calculating social services
district medical assistance expenditure amounts

PURPOSE:
This bill provides for a takeover of the local share of Medicaid over
a twenty year period beginning in 2016. This bill also provides that
all savings from this takeover are passed along to property tax
payers by reducing the allowable levy under the property tax cap.

SUMMARY OF PROVISIONS:
Section 1: Subdivision c-1 of section 1 of chapter 58 of the laws of
2005 is amended to provide a for a twenty year takeover of the local
share of Medicaid costs.

Section 2: Subsection 3 of section 3-c of the General Municipal Law is
amended to provide for a reduction in the allowable tax levy limit
for counties equal to the amount of the reduction in each counties
local share of Medicaid costs.

JUSTIFICATION:
Since the enactment of the Medicaid program in 19651 local social
service districts (counties and the City of New York) have been
required to share in both the cost and administrative operation of
the program.
Over the years, the cost of the program has grown exponentially while
responsibility for program design and administration has been
gradually shifted to the state.

Despite this shift of responsibility, county and New York City
governments continue to be required to contribute a significant share
of the total program cost. Currently, counties and New York City pay
approximately $7.3 billion per year.

The FY 2012-2013 budget began to address this unfunded mandate by
phasing Out the 3% increase in county Medicaid costs each year. This
will allow counties to work within the recently enacted cap on
property taxes without slashing essential local services such as
senior services, veteran's services, law enforcement, parks, and road
maintenance.

However, even after this freeze on local Medicaid costs being fully
implemented in 2015, over $7.5 billion of Medicaid costs will still
fall on local governments and thus property taxpayers. This bill

would address these remaining costs by having the state government
assume responsibility of 5% of the costs each year for twenty years.

Furthermore, this bill ensures that these local savings are passed
along to property tax payers by reducing the allowable property tax
levy for counties by the amount they will save from reduced Medicaid
costs. In many counties this will mean year-to-year reductions in the
property tax levy from 2016 until 2035, reversing a long trend of
year to year increases that were caused, in part, by Medicaid cost
sharing.

LEGISLATIVE HISTORY:
New Bill.

EFFECTIVE DATE:
Immediate.

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

                                 5889--D

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                           September 14, 2011
                               ___________

Introduced  by  Sens.  GALLIVAN,  McDONALD,  RANZENHOFER, ALESI, AVELLA,
  BALL, BONACIC, CARLUCCI, FARLEY,  GOLDEN,  GRIFFO,  GRISANTI,  LARKIN,
  LIBOUS,  MAZIARZ,  MONTGOMERY, NOZZOLIO, O'MARA, OPPENHEIMER, RITCHIE,
  SEWARD, VALESKY, YOUNG -- read twice and  ordered  printed,  and  when
  printed  to  be  committed  to  the  Committee  on  Rules -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Social Services in accordance with Senate Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported  favorably  from
  said  committee and committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend chapter 58 of the laws of 2005, relating to  authorizing
  reimbursements  for  expenditures  made  by  or  on  behalf  of social
  services districts for medical assistance for needy  persons  and  the
  administration  thereof,  and  to  amend the general municipal law, in
  relation to calculating social services  district  medical  assistance
  expenditure amounts

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

  Section 1. Subdivision (c-1) of section 1 of part C of chapter  58  of
the  laws  of  2005, relating to authorizing reimbursements for expendi-
tures made by or on behalf of  social  services  districts  for  medical
assistance for needy persons and the administration thereof, as added by
section  1  of  part  F of chapter 56 of the laws of 2012, is amended to
read as follows:
  (c-1) Notwithstanding  any  provisions  of  subdivision  (c)  of  this
section to the contrary, effective April 1, 2013, for the period January
1, 2013 through December 31, 2013 and for each calendar year thereafter,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13008-14-2

S. 5889--D                          2

the  medical  assistance  expenditure  amount  for  the  social services
district for such period shall be [equal to] the GREATER OF (I) ZERO; OR
(II) THE previous calendar year's medical assistance expenditure  amount
MINUS  FIVE PERCENT OF THE MEDICAL ASSISTANCE EXPENDITURE AMOUNT FOR THE
PERIOD JANUARY 1, 2015 THROUGH DECEMBER 31, 2015, except that:
  (1) for the period January 1, 2013  through  December  31,  2013,  the
previous  calendar  year  medical  assistance expenditure amount will be
increased by 2%;
  (2) for the period January 1, 2014  through  December  31,  2014,  the
previous  calendar  year  medical  assistance expenditure amount will be
increased by 1%; AND
  (3) FOR THE PERIOD JANUARY 1, 2015  THROUGH  DECEMBER  31,  2015,  THE
PREVIOUS  CALENDAR  YEAR  MEDICAL  ASSISTANCE EXPENDITURE AMOUNT WILL BE
UNCHANGED.
  S 2. Paragraph (c) of subdivision 3 of  section  3-c  of  the  general
municipal  law is amended by adding a new subparagraph (viii) to read as
follows:
  (VIII) SUBTRACT THE  AMOUNT  THAT  THE  PRIOR  FISCAL  YEAR'S  MEDICAL
ASSISTANCE  EXPENDITURE AMOUNT EXCEEDS THE CURRENT FISCAL YEAR'S MEDICAL
ASSISTANCE EXPENDITURE AMOUNT, PROVIDED THAT THIS SHALL  ONLY  APPLY  TO
COUNTIES AND SHALL ONLY APPLY TO FISCAL YEARS THAT BEGIN AFTER TWO THOU-
SAND FIFTEEN.
  S  3.  This act shall take effect immediately, provided, however, that
section one of this act shall take effect on the same date  and  in  the
same  manner  as  section 1 of part F of chapter 56 of the laws of 2012,
takes effect; and provided further,  however,  that  the  amendments  to
section 3-c of the general municipal law made by section two of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith.

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