S T A T E O F N E W Y O R K
________________________________________________________________________
2778
2019-2020 Regular Sessions
I N A S S E M B L Y
January 25, 2019
___________
Introduced by M. of A. SCHIMMINGER -- read once and referred to the
Committee on Social Services
AN ACT to amend the social services law, in relation to eligibility
limitations on certain medical services not mandated by federal law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 117 of the social services law is amended by adding
a new subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION OR ANY
OTHER PROVISION OF LAW, FOR THE PURPOSES OF ELIGIBILITY FOR MEDICAL
ASSISTANCE AS PROVIDED UNDER TITLE ELEVEN OF ARTICLE FIVE OF THIS CHAP-
TER OR ANY SUCCESSOR PROVISIONS THEREOF, NO PERSON SHALL BE ELIGIBLE FOR
MEDICAL ASSISTANCE DURING THE FIRST NINETY DAYS AFTER SUCH PERSON IS
DEEMED ENROLLED FOR SUCH MEDICAL ASSISTANCE SERVICES IF SUCH SERVICES
ARE NOT MANDATED SERVICES UNDER FEDERAL LAW OR REGULATION.
§ 2. The commissioner of health is authorized and directed to apply
for any and all federal waivers required to implement the provisions of
subdivision 4 of section 117 of the social services law.
§ 3. The commissioner of health shall promulgate any and all rules and
regulations and take any other measures necessary to implement this act
including, but not limited to, developing a services and eligibility
plan and distributing the same to local social services districts.
§ 4. This act shall take effect immediately; provided, however, that
subdivision 4 of section 117 of the social services law as added by
section one of this act shall not take effect unless and until the
commissioner of health receives all necessary approvals under federal
law and regulation to implement its provisions, and provided that such
provisions do not prevent the receipt of federal financial participation
under the medical assistance program; provided that the commissioner of
health shall notify the legislative bill drafting commission upon the
occurrence of the enactment of the legislation provided for in this act
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03823-01-9
A. 2778 2
in order that the commission may maintain an accurate and timely effec-
tive data base of the official text of the laws of the state of New York
in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law.