senate Bill S328

2023-2024 Legislative Session

Relates to eligibility for home care services under medicaid; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health Committee

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

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view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2023 referred to health


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S328 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Rpld §365-a sub 2 ¶(e) sub¶ (v), amd §§365-a & 365-f, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:

S328 (ACTIVE) - Summary

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

S328 (ACTIVE) - Sponsor Memo

S328 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2023-2024 Regular Sessions
                             I N  S E N A T E
                              January 4, 2023
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed 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
   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
   (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.


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