S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5446
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2021
                                ___________
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT directing the commissioner of health to apply  for  a  waiver  to
   implement a work requirement for able-bodied adult recipients of Medi-
   caid

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The commissioner of health shall prepare and submit to  the
 Centers  for Medicare and Medicaid Services an application for a waiver,
 pursuant to section 1115 of the Social Security Act,  42  USC  1315,  to
 allow  the  state to implement a program incentivizing community engage-
 ment and employment among able-bodied, working-age adults with the  goal
 of empowering program participants and providing them with the necessary
 tools  to seek and obtain employment and transition to self-sufficiency.
 Such waiver shall include the following:
   1. A requirement that every able-bodied, working-age adult enrolled in
 the Medicaid program participate in community engagement  or  employment
 activities.  The  following  Medicaid  program participants shall not be
 subject to the requirement for participation in community engagement  or
 employment activities:
   a. children under the age of 18 or individuals under the age of 19 who
 are participating in secondary education;
   b.  individuals  age  65  years and older; individuals who qualify for
 medical assistance services due to blindness  or  disability,  including
 individuals who receive services pursuant to a waiver under federal law;
   c.  individuals residing in institutions; individuals determined to be
 medically frail;
   d. pregnant and postpartum women;
   e. former foster children under the age of 26; and
   f. individuals who are the primary caregiver for a dependent,  includ-
 ing a dependent child or adult dependent with a disability.

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

                                                            LBD10045-01-1

 S. 5446                             2
 
   2.  Requirements  for  gradually escalating participation in community
 engagement and employment activities, as follows:
   a. three months after enrollment, at least five hours per week;
   b. six months after enrollment, at least ten hours per week;
   c. nine months after enrollment, at least fifteen hours per week; and
   d. twelve months after enrollment, at least twenty hours per week.
   3. Provisions for satisfaction of the requirement for participation in
 community engagement and employment activities through:
   a. participation in job skills training;
   b. job search activities; education related to employment;
   c. general education, including participation in a program of prepara-
 tion  for the General Education Development (GED) certification examina-
 tion, Test Assessing Secondary Completion (TASC)  or  community  college
 courses;
   d. vocational education and training;
   e. subsidized or unsubsidized employment;
   f. community work experience; community service or public service; or
   g.  caregiving  services  for  a nondependent relative or other person
 with a chronic, disabling health condition.
   4. Provisions for monitoring, evaluating, and assessing the effective-
 ness of the demonstration program in improving the health  and  wellness
 of  program  participants  and furthering the objectives of the Medicaid
 program.
   § 2. The commissioner of health shall  report  to  the  governor,  the
 speaker of the assembly and the temporary president of the senate on the
 status  of the waiver application required pursuant to this act by Janu-
 ary 1, 2022.
   § 3. This act shall take effect immediately.