Assembly Bill A2890

Signed By Governor
2023-2024 Legislative Session

Requires that applications submitted by individuals with developmental disabilities for eligibility determinations and service authorizations be processed in a timely manner

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Archive: Last Bill Status Via S823 - Signed by Governor

  • 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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2023-A2890 (ACTIVE) - Details

See Senate Version of this Bill:
S823
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.07, Ment Hyg L (as proposed in S.8442 & A.9920)

2023-A2890 (ACTIVE) - Summary

Requires that applications submitted by individuals with developmental disabilities for eligibility determinations and service authorizations be processed in a timely manner; provides that where such application is not reasonably clear or omits required information or where the office reasonably suspects fraud based on specific information available, the office shall notify the applicant in writing requesting the specific information needed to process such application; removes reporting requirements.

2023-A2890 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2890
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2023
                                ___________
 
 Introduced by M. of A. SIMONE -- read once and referred to the Committee
   on People with Disabilities
 
 AN  ACT  to  amend the mental hygiene law, in relation to requiring that
   applications submitted by individuals with developmental  disabilities
   for eligibility determinations and service authorizations be processed
   in a timely manner

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (c-1) of section 13.07 of  the  mental  hygiene
 law,  as  added  by  a  chapter  of the laws of 2022 amending the mental
 hygiene law relating to requiring that applications submitted  by  indi-
 viduals  with  developmental disabilities for eligibility determinations
 and service authorizations be processed in a timely manner, as  proposed
 in  legislative bills numbers S. 8442 and A. 9920, is amended to read as
 follows:
   (c-1) 1. In carrying out the responsibilities identified  in  subdivi-
 sion  (c) of this section, the office shall ensure that applications for
 eligibility determinations and service authorizations are processed in a
 timely manner. [Specifically, except in a case where the application  is
 not  reasonably  clear,  omits  required information, or when there is a
 reasonable basis supported by specific information available for  review
 by the office that such application was submitted fraudulently, the] THE
 office  shall complete processing of the application within A PROCESSING
 PERIOD OF one hundred twenty days of receipt of such application  trans-
 mitted via the internet or electronic mail.
   2.  [In  the case where] WHERE the application is not reasonably clear
 or [lacks] OMITS required information, OR WHERE  THE  OFFICE  REASONABLY
 SUSPECTS  FRAUD  BASED  ON SPECIFIC INFORMATION AVAILABLE TO THE OFFICE,
 the office shall notify the applicant in writing within thirty  calendar
 days  of  the  receipt  of  such application [to] AND request [all addi-
 tional] THE SPECIFIC information needed  to  process  such  application.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04013-01-3

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