Assembly Bill A4309

2021-2022 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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2021-A4309 (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Social Services Law
Laws Affected:
Amd §§365-a & 365-f, Soc Serv L
Versions Introduced in 2019-2020 Legislative Session:
A10486

2021-A4309 (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.

2021-A4309 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4309
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED, KIM, SIMON, STECK, CARROLL, OTIS,
   HEVESI, LUPARDO, ABINANTI -- 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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