S T A T E O F N E W Y O R K
________________________________________________________________________
10302
I N A S S E M B L Y
April 15, 2020
___________
Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
tee on Health
AN ACT to amend the social services law, in relation to requiring the
department of social services to implement regulations relating to the
automatic redetermination of eligibility for medical assistance for a
period of not less than two years for enrollees receiving Medicaid in
the Aged, Blind and Disabled category who receive fixed income from
the Social Security Administration
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d) of subdivision 5 of section 366-a of the
social services law, as amended by section 12 of part D of chapter 56 of
the laws of 2013, is relettered paragraph (e) and paragraph (c) of
subdivision 5 of section 366-a of the social services law, as amended by
section 10 of part D of chapter 56 of the laws of 2013, is amended to
read as follows:
(c) The regulations required by paragraph (a) of this subdivision
shall provide that:
(i) the redetermination of eligibility will be made based on reliable
information possessed or available to the department of health or its
agent, including information accessed from databases pursuant to subdi-
vision eight of this section;
(ii) if the department of health or its agent is unable to renew
eligibility based on available information, the recipient will be
requested to supply any such information as is necessary to determine
continued eligibility for medical assistance under this title; [and]
(iii) for persons whose medical assistance eligibility is based on
modified adjusted gross income, eligibility must be renewed at least
once every twelve months, unless the department of health or its agent
receives information about a change in a recipient's circumstances that
may affect eligibility; AND
(IV) PERSONS RECEIVING MEDICAID IN THE AGED, BLIND AND DISABLED CATE-
GORY WHO RECEIVE FIXED INCOME FROM THE SOCIAL SECURITY ADMINISTRATION
(SSA) SHALL BE AUTOMATICALLY REDETERMINED TO BE ELIGIBLE FOR MEDICAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14386-01-9
A. 10302 2
ASSISTANCE FOR A PERIOD OF NOT LESS THAN TWO YEARS AND SHALL NOT BE
REQUIRED TO REAPPLY FOR MEDICAL ASSISTANCE BENEFITS DURING SUCH PERIOD.
§ 2. The commissioner of health shall make any amendments to the state
plan for medical assistance, or apply for any waiver or approval under
the federal social security act that are necessary to carry out the
provisions of this act.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such date.