Senate Bill S823

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

download bill text pdf

Sponsored By

Current Bill Status - 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-S823 (ACTIVE) - Details

See Assembly Version of this Bill:
A2890
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.07, Ment Hyg L (as proposed in S.8442 & A.9920)

2023-S823 (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-S823 (ACTIVE) - Sponsor Memo

2023-S823 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    823
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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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