S T A T E O F N E W Y O R K
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7011
2015-2016 Regular Sessions
I N A S S E M B L Y
April 17, 2015
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Introduced by M. of A. SCHIMMINGER, BRINDISI, PALMESANO, GOODELL --
Multi-Sponsored by -- M. of A. DiPIETRO, FRIEND, GIGLIO, HOOPER,
MAGEE, THIELE -- read once and referred to the Committee on Social
Services
AN ACT to amend the social services law, in relation to allowing local
social services districts discretion to provide certain medicaid
services and to cover certain categories of eligibility
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 365-a of the social services law is amended by
adding a new subdivision 10 to read as follows:
10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION OR OF
ANY OTHER PROVISION OF THIS CHAPTER OR OTHER LAW, EACH LOCAL SOCIAL
SERVICES DISTRICT IS HEREBY AUTHORIZED TO DETERMINE WHICH, IF ANY,
SERVICES IT CHOOSES TO PROVIDE TO ELIGIBLE PERSONS OF THOSE SERVICES
OTHERWISE REQUIRED TO BE PROVIDED BY APPLICABLE STATE LAW BUT NOT
REQUIRED TO BE PROVIDED BY FEDERAL LAW.
S 2. Section 366 of the social services law is amended by adding a new
subdivision 10 to read as follows:
10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION OR OF
ANY OTHER PROVISION OF THIS CHAPTER OR OTHER LAW, EACH LOCAL SOCIAL
SERVICES DISTRICT IS HEREBY AUTHORIZED TO DETERMINE TO WHICH, IF ANY,
CATEGORIES OF ELIGIBILITY IT CHOOSES TO PROVIDE MEDICAL ASSISTANCE
OTHERWISE REQUIRED TO BE PROVIDED BY APPLICABLE STATE LAW BUT NOT
REQUIRED TO BE PROVIDED BY FEDERAL LAW.
S 3. The commissioner of health:
1. is authorized and directed to apply for any and all federal waiv-
ers required to implement the provisions of subdivision 10 of section
365-a and subdivision 10 of section 366 of the social services law;
2. shall promulgate any and all rules and regulations and take any
other measures necessary to implement this act, including but not limit-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10010-01-5
A. 7011 2
ed to developing a services and eligibility plan and distributing the
same to local social services districts whereby such districts may make
such choices as are authorized by subdivision 10 of section 365-a and
subdivision 10 of section 366 of the social services law, as added by
sections one and two, respectively, of this act, and applicable federal
waivers; and
3. shall specify dates by which such services and eligibility plans
must be returned to said commissioner for review and approval to imple-
ment such plans. A district that does not have an approved plan by the
deadline set therefor by the commissioner shall provide all services and
categories of eligibility required under the state plan as in effect at
that time.
S 4. This act shall take effect immediately.