senate Bill S862

2013-2014 Legislative Session

Establishes a senior dental services grant program

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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
Jan 08, 2014 referred to aging
Jun 04, 2013 reported and committed to finance
Jan 09, 2013 referred to aging

Votes

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Jun 4, 2013 - Aging committee Vote

S862
8
1
committee
8
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Aging Committee Vote: Jun 4, 2013

nay (1)
aye wr (2)

S862 - Bill Details

See Assembly Version of this Bill:
A1962
Current Committee:
Senate Aging
Law Section:
Elder Law
Laws Affected:
Add ยง215-c, Eld L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S299, A9074
2009-2010: S2218B, A3733B

S862 - Bill Texts

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Establishes a senior dental services grant program; authorizes the director to establish the program and, upon the availability of appropriations, provide grants to eligible elderly persons who are in need of such services.

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BILL NUMBER:S862

TITLE OF BILL:
An act
to amend the elder law, in relation to establishing a senior dental
services grant program

PURPOSE OR GENERAL IDEA OF BILL:
This bill would establish a grant program for the provision of dental
services exclusively for seniors in need of assistance.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends the Elder Law by adding a new section 2l5-c.
Establishes the senior dental services grant program and establishes
responsibilities of the Director of the State Office for the Aging,
income criteria for participants, and a report on the viability of
the program for the future.
Provides for a civil penalty not to exceed $250 for an applicant who
makes a false statement, submits false information or conceals a
material fact in order to receive such grant.

Section 2. Effective Date

EXISTING LAW:
None.

JUSTIFICATION:
A large population of senior citizens in New York receives health
coverage from Medicare, Medicaid, or other managed care providers,
most of which do not provide dental services to its patients. Oral
health is essential to overall health because of the danger posed by
mouth bacteria, tooth decay, and poor tooth strength which can leave
a senior malnourished. Not-for-profit organizations and dental
schools have attempted to fill this service gap, but have done so at
a large personal expense. This bill seeks to compensate those who
have been able to provide service and support their efforts going
forward. It is vital to not only keep current services up and running
but to enable new programs to provide services in parts of the state
where they are desperately needed.

PRIOR LEGISLATIVE HISTORY:
2012: S.299 - Referred to Health/A.255- Enacting Clause
Stricken/A.9074 - Referred to Aging
2011: S.299 Notice of Committee
Consideration Requested, Committee Discharged and Committed to
Health/A.255- Referred to Aging
2009-10: S.2218B -Reported and
Committed to Finance/A.3733B - Reported Referred to Codes
2008: A.10316B - Amended Recommitted to Ways and Means

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have


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

                                   862

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Aging

AN ACT to amend the elder law, in  relation  to  establishing  a  senior
  dental services grant program

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

  Section 1. The elder law is amended by adding a new section  215-c  to
read as follows:
  S  215-C.  SENIOR  DENTAL  SERVICES  GRANT PROGRAM. 1. AS USED IN THIS
SECTION:
  (A) "DENTAL SERVICES" SHALL INCLUDE, BUT NOT BE LIMITED TO, DIAGNOSES,
TESTS, STUDIES, TREATMENT OR ANALYSES UNDER THE CARE AND SUPERVISION  OF
A  LICENSED  DENTIST  WHO IS AUTHORIZED TO PRACTICE IN THIS STATE. THESE
SERVICES MAY ALSO INCLUDE, BUT NOT BE  LIMITED  TO,  CLIENT  ASSESSMENT,
INFORMATION AND REFERRALS.
  (B)  "ELDERLY"  SHALL  MEAN  AN  INDIVIDUAL SIXTY-FIVE YEARS OF AGE OR
OLDER.
  (C) "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE FOR THE AGING.
  (D) "COVERAGE PERIOD"  SHALL  MEAN  TWENTY-FOUR  CONSECUTIVE  CALENDAR
MONTHS FOR WHICH AN ELIGIBLE PROGRAM PARTICIPANT HAS MET THE ELIGIBILITY
REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION.
  2.  THE  DIRECTOR  IS  HEREBY  AUTHORIZED AND DIRECTED, SUBJECT TO THE
AVAILABILITY OF APPROPRIATIONS, TO ESTABLISH A GRANT PROGRAM FOR  DENTAL
SERVICES TO ELIGIBLE ELDERLY PERSONS WHO ARE IN NEED OF SUCH SERVICES.
  3.  PERSONS  ELIGIBLE  FOR  THE GRANT PROGRAM UNDER THIS SECTION SHALL
INCLUDE:
  (A) ELDERLY UNMARRIED RESIDENTS WHOSE INCOME  FOR  THE  CALENDAR  YEAR
IMMEDIATELY  PRECEDING THE EFFECTIVE DATE OF THE COVERAGE PERIOD IS LESS
THAN OR EQUAL TO TWENTY THOUSAND DOLLARS AND WHO HAVE NO  DENTAL  INSUR-
ANCE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00608-01-3

S. 862                              2

  (B)  ELDERLY  MARRIED  RESIDENTS WHOSE COMBINED SPOUSAL INCOME FOR THE
CALENDAR YEAR IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF  THE  COVERAGE
PERIOD IS LESS THAN OR EQUAL TO TWENTY-SIX THOUSAND DOLLARS AND WHO HAVE
NO DENTAL INSURANCE.
  4.  THE  DIRECTOR SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
TO CARRY OUT THE PROVISIONS OF THIS SECTION WHICH SHALL INCLUDE BUT  NOT
BE LIMITED TO:
  (A) A PROCESS OF DETERMINING AND RE-DETERMINING ELIGIBILITY AT THE END
OF  EACH COVERAGE PERIOD FOR RECEIVING SERVICES UNDER THIS GRANT PROGRAM
INCLUDING PROVISIONS FOR SUBMISSION OF PROOF OF INCOME, AGE,  AND  RESI-
DENCY AND INFORMATION ON EXISTING COMPLETE OR PARTIAL COVERAGE OF DENTAL
EXPENSES UNDER A THIRD PARTY ASSISTANCE OR INSURANCE PLAN;
  (B)  SELECTION  OF  UP  TO  SIX GRANT RECIPIENTS THROUGH A REQUEST FOR
PROPOSAL PROCESS INCLUDING DUE CONSIDERATION TO GEOGRAPHIC  DISTRIBUTION
AND EXISTING NEED FOR DENTAL SERVICES FOR ELDERLY INDIVIDUALS THROUGHOUT
THE  STATE  WITH  PRIORITY  GIVEN  TO ACCREDITED EDUCATIONAL PROGRAMS OR
EXISTING DENTAL CLINICS SERVING THE LOW INCOME ELDERLY; AND
  (C) THE ADMINISTRATION OF SUCH GRANTS, WHICH SHALL  BE  USED  FOR  THE
DIRECT  PROVISION  OF DENTAL CARE AND SERVICES TO THE ELDERLY INCLUDING,
BUT NOT LIMITED TO, DENTAL SERVICES,  EQUIPMENT  PURCHASES,  AND  TRAVEL
EXPENSES.
  5.  ADDITIONALLY,  THE DIRECTOR SHALL SUBMIT A REPORT TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF  THE  ASSEMBLY,
PRIOR TO, BUT IN NO EVENT LATER THAN, DECEMBER THIRTY-FIRST, IN THE YEAR
FOLLOWING  THE  EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER,
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) FINANCIAL REPORTS OF  THE  GRANT  PROGRAM  OPERATIONS  ESTABLISHED
PURSUANT TO THIS SECTION;
  (B)  AN ANALYSIS OF THE GRANT PROGRAM'S ABILITY TO PROVIDE SUCH DENTAL
SERVICES TO ELIGIBLE ELDERLY PERSONS;
  (C) RECOMMENDATIONS ON THE CONTINUATION OF SUCH GRANTS  AND  THE  NEED
FOR PROGRAM EXPANSION, IF APPROPRIATE;
  (D) PROFILES OF THE GRANT RECIPIENTS; AND
  (E) OTHER INFORMATION DEEMED NECESSARY BY THE DIRECTOR.
  6.  (A) NO APPLICANT FOR A GRANT PROVIDED FOR UNDER THIS SECTION SHALL
KNOWINGLY  (I)  MAKE  A  FALSE  STATEMENT OR REPRESENTATION CONCERNING A
MATERIAL FACT, (II) SUBMIT FALSE INFORMATION CONCERNING A MATERIAL FACT,
OR (III) CONCEAL A MATERIAL FACT, ON AN APPLICATION TO  OBTAIN  A  GRANT
PROVIDED FOR UNDER THIS SECTION.
  (B)  ANY  APPLICANT  WHO  IS FOUND BY THE DIRECTOR, AFTER NOTICE AND A
HEARING, TO HAVE RECEIVED A GRANT PROVIDED FOR UNDER THIS SECTION  BASED
UPON  AN  APPLICATION  WHICH  VIOLATED PARAGRAPH (A) OF THIS SUBDIVISION
SHALL BE SUBJECT TO A CIVIL PENALTY NOT  TO  EXCEED  TWO  HUNDRED  FIFTY
DOLLARS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
and directed to be made and completed on or before such effective date.

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