Assembly Bill A10595

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10595
 
                           I N  A S S E M B L Y
 
                                May 8, 2018
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee 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:
   §  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
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD07201-01-7

 A. 10595                            2
 
   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.
   §  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.