assembly Bill A5367A

2021-2022 Legislative Session

Relates to eligibility for home care services under medicaid; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to ways and means
Mar 01, 2021 reported referred to ways and means
Feb 26, 2021 print number 5367a
Feb 26, 2021 amend and recommit to health
Feb 16, 2021 referred to health

Co-Sponsors

A5367 - Details

See Senate Version of this Bill:
S5028
Law Section:
Social Services Law
Laws Affected:
Rpld §365-a sub 2 ¶(e) sub¶ (v), amd §§365-a & 365-f, Soc Serv L

A5367 - Summary

Removes certain restrictions on eligibility for personal and home care services under medicaid.

A5367 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5367
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the social services law, in relation to removing certain
   restrictions on access to home care services; and  to  repeal  certain
   provisions of such law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (i) of  paragraph  (e)  of  subdivision  2  of
 section  365-a  of  the  social services law, as amended by section 2 of
 part MM of chapter 56 of the laws of 2020 is amended to read as follows:
   (i) personal care  services,  including  personal  emergency  response
 services,  shared aide and an individual aide, subject to the provisions
 of subparagraphs (ii), (iii), (iv)[, (v)] and (vi)  of  this  paragraph,
 furnished  to  an  individual  who  is not an inpatient or resident of a
 hospital, nursing facility, intermediate care facility  for  individuals
 with  intellectual  disabilities,  or institution for mental disease, as
 determined to meet the recipient's needs for assistance when cost effec-
 tive and appropriate, and when prescribed  by  a  qualified  independent
 physician  selected  or approved by the department of health, in accord-
 ance with the recipient's plan of treatment and provided by  individuals
 who  are  qualified  to  provide  such services, who are supervised by a
 registered nurse and who are not members of the recipient's family,  and
 furnished in the recipient's home or other location;
   §  2.  Subparagraph  (v)  of paragraph (e) of subdivision 2 of section
 365-a of the social services law is REPEALED.
   § 3. Paragraphs (b), (c) and (d) of subdivision 2 of section 365-f  of
 the  social  services law, paragraphs (b) and (d) as added by chapter 81
 of the laws of 1995, paragraph (c) as amended by section 3 of part MM of
 chapter 56 of the laws of 2020, are amended to read as follows:
   (b) is eligible for medical assistance[;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09428-01-1

Co-Sponsors

view additional co-sponsors

A5367A (ACTIVE) - Details

See Senate Version of this Bill:
S5028
Law Section:
Social Services Law
Laws Affected:
Rpld §365-a sub 2 ¶(e) sub¶ (v), amd §§365-a & 365-f, Soc Serv L

A5367A (ACTIVE) - Summary

Removes certain restrictions on eligibility for personal and home care services under medicaid.

A5367A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5367--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced by M. of A. GOTTFRIED, SIMON -- read once and referred to the
   Committee  on  Health  --  committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the social services law, in relation to removing certain
   restrictions on access to home care services; and  to  repeal  certain
   provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (i) of  paragraph  (e)  of  subdivision  2  of
 section  365-a  of  the  social services law, as amended by section 2 of
 part MM of chapter 56 of the  laws  of  2020,  is  amended  to  read  as
 follows:
   (i)  personal  care  services,  including  personal emergency response
 services, shared aide and an individual aide, subject to the  provisions
 of  subparagraphs  (ii),  (iii), (iv)[, (v)] and (vi) of this paragraph,
 furnished to an individual who is not an  inpatient  or  resident  of  a
 hospital,  nursing  facility, intermediate care facility for individuals
 with intellectual disabilities, or institution for  mental  disease,  as
 determined to meet the recipient's needs for assistance when cost effec-
 tive  and  appropriate,  and  when prescribed by a qualified independent
 physician selected or approved by the department of health,  in  accord-
 ance  with the recipient's plan of treatment and provided by individuals
 who are qualified to provide such services,  who  are  supervised  by  a
 registered  nurse and who are not members of the recipient's family, and
 furnished in the recipient's home or other location;
   § 2. Subparagraph (v) of paragraph (e) of  subdivision  2  of  section
 365-a of the social services law is REPEALED.
   §  3.  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.
                                                            LBD09428-02-1