S T A T E O F N E W Y O R K
________________________________________________________________________
9397
I N A S S E M B L Y
February 29, 2016
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the social services law, in relation to the provision of
services to certain persons suffering from traumatic brain injuries or
qualifying for nursing home diversion and transition services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 364-j of the social services law
is amended by adding a new paragraph (d-2) to read as follows:
(D-2) SERVICES PROVIDED PURSUANT TO WAIVERS, GRANTED PURSUANT TO
SUBSECTION (C) OF SECTION 1915 OF THE FEDERAL SOCIAL SECURITY ACT, TO
PERSONS SUFFERING FROM TRAUMATIC BRAIN INJURIES OR QUALIFYING FOR NURS-
ING HOME DIVERSION AND TRANSITION SERVICES SHALL NOT BE PROVIDED TO
MEDICAL ASSISTANCE RECIPIENTS THROUGH MANAGED CARE PROGRAMS ESTABLISHED
PURSUANT TO THIS SECTION, AND SHALL CONTINUE TO BE PROVIDED OUTSIDE OF
MANAGED CARE PROGRAMS AND IN ACCORDANCE WITH SUCH WAIVER PROGRAMS AS
THEY EXISTED ON JANUARY FIRST, TWO THOUSAND FIFTEEN; PROVIDED, FURTHER
THAT THE COMMISSIONER OF HEALTH IS HEREBY DIRECTED TO TAKE ANY ACTION
REQUIRED, INCLUDING BUT NOT LIMITED TO FILING WAIVERS AND WAIVER EXTEN-
SIONS AS NECESSARY WITH THE FEDERAL GOVERNMENT, TO CONTINUE THE
PROVISION OF SUCH SERVICES.
S 2. This act shall take effect immediately, provided that the amend-
ments to section 364-j of the social services law, made by section one
of this act, shall not affect the expiration and repeal of such section,
and shall expire and be deemed repealed therewith.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14232-01-6
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