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

                                 8917--A

                          I N  A S S E M B L Y

                            February 28, 2014
                               ___________

Introduced   by  M.  of  A.  SCHIMEL,  BENEDETTO,  ENGLEBRIGHT,  CUSICK,
  BROOK-KRASNY, MILLER, MOSLEY, SIMANOWITZ, THIELE,  TITONE,  ZEBROWSKI,
  LAVINE, SCARBOROUGH, WEISENBERG, CURRAN, FITZPATRICK, LUPINACCI, McDO-
  NOUGH, McKEVITT, MONTESANO, RAIA, CLARK, GUNTHER, OTIS, ABBATE, MAYER,
  FINCH,  RUSSELL, GRAF, KATZ, PERRY, KEARNS, SALADINO, COLTON, SEPULVE-
  DA, BRINDISI, HEVESI, HOOPER, SKARTADOS, SANTABARBARA, WEPRIN, ABINAN-
  TI, AUBRY, PAULIN, CYMBROWITZ, JAFFEE, HENNESSEY, CERETTO,  RA,  KOLB,
  P. LOPEZ,  WALTER  --  Multi-Sponsored by -- M. of A. ARROYO, BARCLAY,
  BORELLI, BRAUNSTEIN, CAMARA, COOK, CROUCH, DINOWITZ, DiPIETRO, DUPREY,
  GALEF, GARBARINO, GIGLIO,  GLICK,  HAWLEY,  JACOBS,  LENTOL,  LUPARDO,
  MAGEE,  McLAUGHLIN,  NOLAN,  PALMESANO,  RAMOS, RIVERA, ROBERTS, STEC,
  STECK, SWEENEY -- read once and referred to the Committee on Health --
  reported and referred to the Committee on Ways and Means --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the military law and the public health law, in relation
  to enacting the "veterans long-term care access act"

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

  Section  1.  This act shall be known and may be cited as the "veterans
long-term care access act".
  S 2. The military law is amended by adding a new section 235-b to read
as follows:
  S 235-B. MEDICAID ELIGIBILITY FOR VETERANS IN  STATE  VETERANS  HOMES.
NOTWITHSTANDING  ANY  LAW, RULE OR REGULATION TO THE CONTRARY, NO HONOR-
ABLY DISCHARGED MILITARY VETERAN, THEIR SPOUSE OR  WIDOW,  OR  THE  GOLD
STAR  PARENT  OF  SUCH VETERAN SHALL BE REQUIRED TO ENROLL IN A MEDICAID
MANAGED CARE PLAN OR A MEDICAID LONG TERM CARE PLAN  IF  HE  OR  SHE  IS
ACCEPTED  FOR  ADMISSION  INTO  A  STATE  VETERANS HOME OR ENROLLED IN A
MEDICAL MODEL ADULT DAY HEALTH CARE PROGRAM AT A  STATE  VETERANS  HOME.
SUCH  HONORABLY  DISCHARGED VETERAN, THEIR SPOUSE OR WIDOW, OR GOLD STAR
PARENT SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF ANY PLAN  OF  TRANSI-
TION  OF  NURSING HOME POPULATIONS INTO ANY MANAGED CARE PROGRAMS OTHER-
WISE ADOPTED AND APPROVED BY THE DEPARTMENT.

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

                                                           LBD14122-04-4

A. 8917--A                          2

  S 3. The public health law is amended by adding a new section 2636  to
read as follows:
  S  2636.  REIMBURSEMENT  FOR  SERVICES RENDERED. A STATE VETERANS HOME
PROVIDING LONG TERM NURSING HOME CARE, MEDICAL MODEL  ADULT  DAY  HEALTH
CARE  PROGRAMS OR ANY OTHER SERVICES TO AN HONORABLY DISCHARGED MILITARY
VETERAN, THEIR SPOUSE OR WIDOW, OR THE GOLD STAR PARENT OF SUCH  VETERAN
SHALL  CONTINUE  TO  BE  PAID  FOR  ITS SERVICES PURSUANT TO THE FEE FOR
SERVICE SCHEDULES IN EFFECT FOR MEDICAID LONG TERM CARE ON THE DATES  OF
SERVICES  RENDERED, NOTWITHSTANDING ANY OTHER FORMULA FOR THE PAYMENT OF
LONG TERM CARE ADOPTED BY THE DEPARTMENT OR BY ANY MANAGED  CARE  ORGAN-
IZATION,  MEDICAID MANAGED CARE PLAN, OR MEDICAID MANAGED LONG TERM CARE
PLAN.
  S 4. This act shall take effect immediately.