S T A T E O F N E W Y O R K
________________________________________________________________________
10290
I N A S S E M B L Y
February 20, 2026
___________
Introduced by M. of A. KELLES -- read once and referred to the Committee
on Health
AN ACT to amend the social services law and the public health law, in
relation to permitting individuals receiving hospice services to
enroll in managed long term care plans and ensuring coordinated
service delivery
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (xix) of paragraph (e) of subdivision 3 of
section 364-j of the social services law, as amended by section 38 of
part A of chapter 56 of the laws of 2013, is amended to read as follows:
(xix) individuals receiving hospice services at time of enrollment;
provided, however, that this clause shall not be construed to require an
individual enrolled in a managed long term care plan or another care
coordination model, who subsequently elects hospice, to disenroll from
such program, AND AN INDIVIDUAL WHO ELECTS THE HOSPICE BENEFIT UNDER THE
MEDICARE OR MEDICAID PROGRAM SHALL NOT, SOLELY BY REASON OF SUCH
ELECTION, BE DEEMED INELIGIBLE FOR ENROLLMENT IN A MANAGED LONG TERM
CARE PLAN, AND THE COMMISSIONER SHALL ISSUE GUIDANCE TO MANAGED LONG
TERM CARE PLANS, LOCAL SOCIAL SERVICES DISTRICTS, AND HOSPICE PROGRAMS
REGARDING ENROLLMENT PROCEDURES, CONTINUITY OF CARE, AND COORDINATION
EXPECTATIONS FOR SUCH INDIVIDUALS;
§ 2. Clause 8 of subparagraph v of paragraph (b) of subdivision 7 of
section 4403-f of the public health law, as amended by section 48 of
part A of chapter 56 of the laws of 2013, is amended to read as follows:
(8) a person receiving hospice services at time of enrollment;
provided, however, that this clause shall not be construed to require an
individual enrolled in a managed long term care plan or another care
coordination model, who subsequently elects hospice, to disenroll from
such program, AND AN INDIVIDUAL WHO ELECTS THE HOSPICE BENEFIT UNDER THE
MEDICARE OR MEDICAID PROGRAM SHALL NOT, SOLELY BY REASON OF SUCH
ELECTION, BE DEEMED INELIGIBLE FOR ENROLLMENT IN A MANAGED LONG TERM
CARE PLAN, AND THE COMMISSIONER SHALL ISSUE GUIDANCE TO MANAGED LONG
TERM CARE PLANS, LOCAL SOCIAL SERVICES DISTRICTS, AND HOSPICE PROGRAMS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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