|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to health|
|Jan 23, 2013||referred to health|
senate Bill S2738
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2738 - Details
S2738 - Summary
Requires the state to pay medicare part A premiums for persons eligible for medicare part A and medical assistance and requires local commissioners of social services to appeal denial of medicare coverage before approving medical assistance coverage for long term care.
S2738 - Sponsor Memo
BILL NUMBER:S2738 TITLE OF BILL: An act to amend the social services law, in relation to requiring the state to pay medicare part A premiums for persons eligible for medicare part A and medical assistance and to require local commis- sioners of social services to appeal denial of medicare coverage before approving medical assistance coverage for long term care PURPOSE OF THE BILL;us off;: This bill would require the state to pay for Medicare Part A premiums for those persons dually eligible for Medi- care Part A and Medicaid and requires local commissioners of social services to appeal denials of Medicare coverage before approving Medi- caid coverage fox long term care. SUMMARY OF SPECIFIC PROVISIONS: §1- Amends subdivisions 1 and 2 of 364-i of the Social Services Law, as amended by Chapter 693 of the Laws of 1996, and as amended by Chapter 626 of the Laws of 1987, respective- ly, to remove "long-term home health care program" from the subdivi- sions. § 2, § 3, § 4, §5, § 6 and § 10 - Amends various sections of the Social Services Law to require: that persons receiving or seeking long-term care and who are eligible for Medicare must fully utilize those bene- fits, and if such person's application is denied, he or she must appeal such denial or permit the local social services official to do so on his or her behalf.
S2738 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2738 2013-2014 Regular Sessions I N S E N A T E January 23, 2013 ___________ Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the social services law, in relation to requiring the state to pay medicare part A premiums for persons eligible for medi- care part A and medical assistance and to require local commissioners of social services to appeal denial of medicare coverage before approving medical assistance coverage for long term care THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1 and 2 of section 364-i of the social services law, as amended by chapter 693 of the laws of 1996, are amended to read as follows: 1. An individual, upon application for medical assistance, shall be presumed eligible for such assistance for a period of sixty days from the date of transfer from a general hospital, as defined in section twenty-eight hundred one of the public health law to a certified home health agency [or long term home health care program], as defined in section thirty-six hundred two of the public health law, or to a hospice as defined in section four thousand two of the public health law, or to a residential health care facility as defined in section twenty-eight hundred one of the public health law, if the local department of social services determines that the applicant meets each of the following criteria: (a) the applicant is receiving acute care in such hospital; (b) a physician certifies that such applicant no longer requires acute hospital care, but still requires medical care which can be provided by a certified home health agency, [long term home health care program,] hospice or residential health care facility; (c) the applicant or his OR HER representative states that the applicant does not have insurance coverage for the required medical care and that such care cannot be afforded; (d) it reasonably appears that the applicant is otherwise eligible to receive medical assistance; (e) it reasonably appears that EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05159-01-3
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