senate Bill S2738

2013-2014 Legislative Session

Requires the state to pay medicare part A premiums for certain persons and requires local social services to appeal denial of medicare for long term care

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
Jan 23, 2013 referred to health

S2738 - Details

Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §§364-i, 365-f, 366, 367-a, 367-c, 367-e & 367-f, add §366-j, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4181
2009-2010: S6874

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

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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