S T A T E O F N E W Y O R K
________________________________________________________________________
8644--A
2011-2012 Regular Sessions
I N A S S E M B L Y
September 28, 2011
___________
Introduced by M. of A. PAULIN, SWEENEY, LUPARDO, LIFTON, MAGNARELLI,
SCHIMMINGER, ABINANTI, GALEF, LATIMER, LAVINE, ROBERTS, THIELE,
GUNTHER, JAFFEE, BRINDISI, ZEBROWSKI, GIGLIO, P. RIVERA, SCHIMEL --
Multi-Sponsored by -- M. of A. AMEDORE, BARCLAY, BLANKENBUSH, BOYLE,
BURLING, BUTLER, CALHOUN, CASTELLI, CERETTO, CONTE, CORWIN, CROUCH,
DUPREY, FITZPATRICK, FRIEND, GOODELL, GRAF, HAWLEY, JOHNS, KATZ, KOLB,
P. LOPEZ, LOSQUADRO, MAGEE, McDONOUGH, McKEVITT, D. MILLER, MONTESANO,
OAKS, PALMESANO, RA, RABBITT, RAIA, REILICH, RUSSELL, SALADINO,
SAYWARD, SMARDZ, TEDISCO, TENNEY, WALTER -- read once and referred to
the Committee on Health -- recommitted to the Committee on Health in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13008-11-2
A. 8644--A 2
(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%);
(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;
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(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
A. 8644--A 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.