NY State Senate Bill 2017-S3483A

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2018	print number 3483a
Jan 29, 2018	amend and recommit to finance
Jan 03, 2018	referred to finance
Jan 23, 2017	referred to finance

Bill Amendments

Original

A (Active)

2017-S3483 - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §99-bb, St Fin L; amd §2742, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:: S6498

2017-S3483 - Summary

Creates the traumatic brain injury trust fund; sets out specific criteria for a qualified individual and sets a $3,000 per year and $100,000 lifetime cap for each individual.

2017-S3483 - Sponsor Memo

                                 BILL NUMBER:  S3483

 TITLE OF BILL :  An act to amend the state finance law and the public
health law, in relation to the creation of the traumatic brain injury
trust fund

 PURPOSE :

To create the traumatic brain injury trust fund.

 SUMMARY OF PROVISIONS :

Section 1 amends the state finance law by adding a new section 99-aa,
creating the traumatic brain injury fund. Section 99-aa provides that
monies of the fund shall be expended only to qualified individuals not
eligible for Medicaid funded, or otherwise insurance covered,
traumatic brain injury programs and services. A qualified individual
must provide medical documentation of a traumatic brain injury, as
defined by section two thousand seven hundred forth-one of the public
health law; New York residency for at least ninety consecutive days
prior to application date; and proof of less than one hundred thousand
dollars in liquid assets. Payments from the fund shall be capped at
three thousand dollars per individual per year, with a lifetime cap of
one hundred thousand dollars per individual.

Section 2 amends subdivisions 9 and 10 of section 2742 of the public

health law and adds a new subdivision 11.

Section 3 is the effective date.

 JUSTIFICATION :

Traumatic brain injury is one of the major contributing factors to all
injury-related death in the United State (U.S. Center for Disease
Control and Prevention, 2010). In New York, there were more than
140,000 incidents with a diagnosis of traumatic brain injury in 2009
and more than 2,000 deaths were related to traumatic brain injury
(NYSDOH, 2011). According to the New York State Department of Health's
Five Year Traumatic Brain Injury Action in 2012, the current New York
State TBI program provides the Medicaid Home and Community Based
Services Waiver that serves over 2,700 persons annually. The waiver
uses Medicaid funding to provide supports and services to assist
individuals with a TBI toward successful inclusion in the community by
allowing waiver participants move from a nursing facility to the
community.

However, because the waiver serves only Medicaid eligible individuals
with a nursing home level of care need injured between the ages of 18
and 64, a small percentage of individuals in the state living with TBI
access the specialized community services available through the
waiver. Therefore, this legislation would establish a TBI Trust Fund
to support the cost of certain TBI services for those who are not
eligible for Medicaid funded or other insurance covered programs and
services.

 LEGISLATIVE HISTORY :

S.6498 of 2016

 FISCAL IMPLICATIONS :

To be determined.   EFFECTIVE DATE :
Immediately.

2017-S3483 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3483
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law and  the  public  health  law,  in
   relation to the creation of the traumatic brain injury trust fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state finance law is amended by adding  a  new  section
 99-aa to read as follows:
   §  99-AA. TRAUMATIC BRAIN INJURY TRUST FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF TAXATION AND FINANCE A FUND TO BE KNOWN  AS  THE  TRAUMATIC  BRAIN
 INJURY TRUST FUND.
   2.  SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
 OF SUCH FUND AND ALL MONEYS TRANSFERRED TO SUCH FUND  PURSUANT  TO  LAW.
 ANY  INTEREST  EARNED  BY THE INVESTMENT OF MONEYS IN SUCH FUND SHALL BE
 ADDED TO SUCH FUND, BECOME A PART OF SUCH FUND,  AND  BE  USED  FOR  THE
 PURPOSE OF SUCH FUND.
   3.  MONIES OF THE FUND SHALL BE EXPENDED ONLY TO QUALIFIED INDIVIDUALS
 NOT ELIGIBLE FOR MEDICAID FUNDED, OR OTHERWISE INSURANCE COVERED,  TRAU-
 MATIC  BRAIN INJURY PROGRAMS AND SERVICES. SUCH FUND SHALL BE A PAYER OF
 LAST RESORT FOR ALL APPLICABLE SUPPORTS AND SERVICES. A QUALIFIED  INDI-
 VIDUAL MUST:
   (A)  PROVIDE  MEDICAL  DOCUMENTATION  OF  A TRAUMATIC BRAIN INJURY, AS
 DEFINED BY SECTION TWO THOUSAND SEVEN HUNDRED FORTY-ONE  OF  THE  PUBLIC
 HEALTH LAW;
   (B)  BE A NEW YORK RESIDENT FOR AT LEAST NINETY CONSECUTIVE DAYS PRIOR
 TO APPLICATION DATE; AND
   (C) HAVE LESS THAN ONE HUNDRED THOUSAND DOLLARS IN LIQUID ASSETS.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF HEALTH. ANNUALLY, PAYMENTS FROM THE FUND SHALL  BE  CAPPED  AT  THREE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01666-03-7

 S. 3483                             2
 
 THOUSAND  DOLLARS  PER  INDIVIDUAL,  WITH  A LIFETIME CAP OF ONE HUNDRED
 THOUSAND DOLLARS PER INDIVIDUAL.
   §  2.  Subdivisions 9 and 10 of section 2742 of the public health law,
 as added by chapter 196 of the laws of  1994,  are  amended  and  a  new
 subdivision 11 is added to read as follows:
   9.  to develop training programs for persons providing discharge plans
 and case management; [and]
   10. to develop standards for licensing or certifying  residential  and
 non-residential  services for persons with traumatic brain injury to the
 extent that such services are not otherwise subject to the  jurisdiction
 of another state agency[.]; AND
   11.  TO  ADMINISTER THE TRAUMATIC BRAIN INJURY TRUST FUND, ESTABLISHED
 IN SECTION NINETY-NINE-AA OF THE STATE FINANCE LAW.
   § 3. This act shall take effect immediately.

2017-S3483A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §99-bb, St Fin L; amd §2742, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:: S6498

2017-S3483A (ACTIVE) - Summary

Creates the traumatic brain injury trust fund; sets out specific criteria for a qualified individual and sets a $3,000 per year and $100,000 lifetime cap for each individual.

2017-S3483A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3483A

SPONSOR: SEWARD
 
TITLE OF BILL:  An act to amend the state finance law and the public
health law, in relation to the creation of the traumatic brain injury
trust fund

 
PURPOSE:

To create the traumatic brain injury trust fund.

 
SUMMARY OF PROVISIONS:

Section 1 amends the state finance law by adding a new section 99-bb,
creating the traumatic brain injury fund. Section 99-bb provides that
monies of the fund shall be expended only to qualified individuals not
eligible for Medicaid funded, or otherwise insurance covered, traumatic
brain injury programs and services. A qualified individual must provide
medical documentation of a traumatic brain injury, as defined by section
two thousand seven hundred forth-one of the public health law; New York
residency for at least ninety consecutive days prior to application

date; and proof of less than one hundred thousand dollars in liquid
assets. Payments from the fund shall be capped at three thousand dollars
per individual per year, with a lifetime cap of one hundred thousand
dollars per individual.

Section 2 amends subdivisions 9 and 10 of section 2742 of the public
health law and adds a new subdivision 11.

Section 3 is the effective date.

 
JUSTIFICATION:

Traumatic brain injury is one of the major contributing factors to all
injury-related death in the United State (U.S. Center for Disease
Control and Prevention, 2010). In New York, there were more than 140,000
incidents with a diagnosis of traumatic brain injury in 2009 and more
than 2,000 deaths were related to traumatic brain injury (NYSDOH, 2011).
According to the New York State Department of Health's Five Year Trau-
matic Brain Injury Action in 2012, the current New York State TBI
program provides the Medicaid Home and Community Based Services Waiver
that serves over 2,700 persons annually. The waiver uses Medicaid fund-
ing to provide supports and services to assist individuals with a TBI
toward successful inclusion in the community by allowing waiver partic-
ipants move from a nursing facility to the community.

However, because the waiver serves only Medicaid eligible individuals
with a nursing home level of care need injured between the ages of 18
and 64, a small percentage of individuals in the state living with TBI
access the specialized community services available through the waiver.
Therefore, this legislation would establish a TBI Trust Fund to support
the cost of certain TBI services for those who are not eligible for
Medicaid funded or other insurance covered programs and services.

 
LEGISLATIVE HISTORY:

S.6498 of 2016/2017-Referred to Finance

 
FISCAL IMPLICATIONS:
To be determined.

 
EFFECTIVE DATE:
Immediately.

2017-S3483A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3483--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance -- recommitted  to
   the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to  amend  the  state finance law and the public health law, in
   relation to the creation of the traumatic brain injury trust fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  state finance law is amended by adding a new section
 99-bb to read as follows:
   § 99-BB. TRAUMATIC BRAIN INJURY TRUST FUND. 1. THERE IS HEREBY  ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER  OF  TAXATION  AND  FINANCE A FUND TO BE KNOWN AS THE TRAUMATIC BRAIN
 INJURY TRUST FUND.
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE  PURPOSE
 OF  SUCH  FUND  AND ALL MONEYS TRANSFERRED TO SUCH FUND PURSUANT TO LAW.
 ANY INTEREST EARNED BY THE INVESTMENT OF MONEYS IN SUCH  FUND  SHALL  BE
 ADDED  TO  SUCH  FUND,  BECOME  A PART OF SUCH FUND, AND BE USED FOR THE
 PURPOSE OF SUCH FUND.
   3. MONIES OF THE FUND SHALL BE EXPENDED ONLY TO QUALIFIED  INDIVIDUALS
 NOT  ELIGIBLE FOR MEDICAID FUNDED, OR OTHERWISE INSURANCE COVERED, TRAU-
 MATIC BRAIN INJURY PROGRAMS AND SERVICES. SUCH FUND SHALL BE A PAYER  OF
 LAST  RESORT FOR ALL APPLICABLE SUPPORTS AND SERVICES. A QUALIFIED INDI-
 VIDUAL MUST:
   (A) PROVIDE MEDICAL DOCUMENTATION OF  A  TRAUMATIC  BRAIN  INJURY,  AS
 DEFINED  BY  SECTION  TWO THOUSAND SEVEN HUNDRED FORTY-ONE OF THE PUBLIC
 HEALTH LAW;
   (B) BE A NEW YORK RESIDENT FOR AT LEAST NINETY CONSECUTIVE DAYS  PRIOR
 TO APPLICATION DATE; AND
   (C) HAVE LESS THAN ONE HUNDRED THOUSAND DOLLARS IN LIQUID ASSETS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01666-04-8

 S. 3483--A                          2
 
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF  HEALTH.  ANNUALLY,  PAYMENTS  FROM THE FUND SHALL BE CAPPED AT THREE
 THOUSAND DOLLARS PER INDIVIDUAL, WITH A  LIFETIME  CAP  OF  ONE  HUNDRED
 THOUSAND DOLLARS PER INDIVIDUAL.
   §  2.  Subdivisions 9 and 10 of section 2742 of the public health law,
 as added by chapter 196 of the laws of  1994,  are  amended  and  a  new
 subdivision 11 is added to read as follows:
   9.  to develop training programs for persons providing discharge plans
 and case management; [and]
   10. to develop standards for licensing or certifying  residential  and
 non-residential  services for persons with traumatic brain injury to the
 extent that such services are not otherwise subject to the  jurisdiction
 of another state agency[.]; AND
   11.  TO  ADMINISTER THE TRAUMATIC BRAIN INJURY TRUST FUND, ESTABLISHED
 IN SECTION NINETY-NINE-BB OF THE STATE FINANCE LAW.
   § 3. This act shall take effect immediately.

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Senate Bill S3483A

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Bill Amendments

2017-S3483 - Details

2017-S3483 - Summary

2017-S3483 - Sponsor Memo

2017-S3483 - Bill Text download pdf

2017-S3483A (ACTIVE) - Details

2017-S3483A (ACTIVE) - Summary

2017-S3483A (ACTIVE) - Sponsor Memo

2017-S3483A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

James L. Seward

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Bill Amendments

2017-S3483 - Details

2017-S3483 - Summary

2017-S3483 - Sponsor Memo

2017-S3483 - Bill Text download pdf

2017-S3483A (ACTIVE) - Details

2017-S3483A (ACTIVE) - Summary

2017-S3483A (ACTIVE) - Sponsor Memo

2017-S3483A (ACTIVE) - Bill Text download pdf

Comments