Assembly Bill A10486

2019-2020 Legislative Session

Relates to eligibility for medical assistance for personal care services for persons with traumatic brain injury, developmental disability, cognitive impairments, blindness or visual impairment

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A10486 (ACTIVE) - Details

See Senate Version of this Bill:
S8403
Current Committee:
Assembly Ways And Means
Law Section:
Social Services Law
Laws Affected:
Amd §§365-a & 365-f, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2021-2022: A4309, S3055
2023-2024: S5470

2019-A10486 (ACTIVE) - Summary

Provides eligibility for medical assistance for personal care services for persons with traumatic brain injury, developmental disability, cognitive impairments, blindness or visual impairment.

2019-A10486 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10486
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried,
   Kim) -- read once and referred to the Committee on Health
 
 AN ACT to amend the social services law, in relation to eligibility  for
   medical  assistance  for personal care services for persons with trau-
   matic brain injury, cognitive impairments, developmental disabilities,
   blindness, or  visual impairment

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (v)  of  paragraph  (e) of subdivision 2 of
 section 365-a of the social services law, as added  by  section  2-a  of
 part  MM  of  chapter  56  of  the  laws  of 2020, is amended to read as
 follows:
   (v) subject to the availability of  federal  financial  participation,
 personal  care  services other than personal emergency response services
 available pursuant to this paragraph shall be available only to individ-
 uals assessed as needing  at  least  limited  assistance  with  physical
 maneuvering  with more than two activities of daily living, or for indi-
 viduals with a dementia or Alzheimer's diagnosis, TRAUMATIC BRAIN  INJU-
 RY, COGNITIVE IMPAIRMENT, DEVELOPMENTAL DISABILITY, BLINDNESS, OR VISUAL
 IMPAIRMENT,  assessed as needing at least supervision with more than one
 activity of  daily  living,  as  defined  and  determined  by  using  an
 evidenced  based validated assessment instrument approved by the commis-
 sioner and in accordance with regulations  of  the  department  and  any
 applicable  state  and  federal  laws  by  an  independent assessor. The
 provisions of this subparagraph shall  only  apply  to  individuals  who
 receive  an  initial authorization for such services on or after October
 first, two thousand twenty;
   § 2. Paragraph (c) of subdivision 2 of section  365-f  of  the  social
 services  law,  as  amended by section 3 of part MM of chapter 56 of the
 laws of 2020, is amended to read as follows:
   (c) has been determined by the social services district,  pursuant  to
 an assessment of the person's appropriateness for the program, conducted
 with an appropriate long term home health care program, a certified home
 health  agency, or an AIDS home care program or pursuant to the personal
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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