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Assembly Bill A10403A

2025-2026 Legislative Session

Relates to a nursing facility transition and diversion Medicaid waiting list

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Current Bill Status - In Assembly Committee

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Bill Amendments

2025-A10403 - Details

See Senate Version of this Bill:
S9573
Current Committee:
Assembly Ways And Means
Law Section:
Social Services Law
Laws Affected:
Amd §366, Soc Serv L

2025-A10403 - Summary

Authorizes the commissioner of health to establish nursing facility transition and diversion Medicaid waiting lists per designated waiver region, once the federally approved capacity for the waiver is reached.

2025-A10403 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10403
 
                           I N  A S S E M B L Y
 
                               March 3, 2026
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN  ACT to amend the social services law, in relation to authorizing the
   commissioner of health to establish nursing  facility  transition  and
   diversion Medicaid waiting lists per designated waiver region
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6-a of section 366 of the social  services  law
 is amended by adding a new paragraph i to read as follows:
   I. THE COMMISSIONER OF HEALTH IS FURTHER DIRECTED TO ESTABLISH A WAIT-
 ING LIST PER DESIGNATED WAIVER REGION ONCE THE FEDERALLY APPROVED CAPAC-
 ITY  FOR  THE  WAIVER  IS  REACHED. THE COMMISSIONER SHALL DRAW FROM THE
 REGIONAL WAITING LIST TO ACCOMMODATE ELIGIBLE INDIVIDUALS ONCE  CAPACITY
 ALLOWS  IN  EACH  REGION.  UNLESS THE COMMISSIONER CHOOSES TO PRIORITIZE
 CERTAIN POPULATIONS, INCLUDING BUT NOT LIMITED TO ELIGIBLE PERSONS TRAN-
 SITIONING FROM NURSING FACILITIES, THE COMMISSIONER SHALL DRAW  ELIGIBLE
 PERSONS  WHO  HAVE  BEEN  ON THE WAITING LIST IN THE ORDER IN WHICH THEY
 CAME ON IN EACH REGION, PROVIDED THE  ELIGIBLE  PERSON  RESIDES  IN  THE
 APPROVED WAIVER REGION FROM WHICH THE VACANCY OCCURRED.
   §  2.  Paragraph (d-2) of subdivision 3 of section 364-j of the social
 services law, as amended by chapter 41 of the laws of 2025,  is  amended
 to read as follows:
   (d-2)  Services  provided  pursuant  to  a waiver, granted pursuant to
 subsection (c) of section 1915 of the federal social  security  act,  to
 persons  suffering  from traumatic brain injuries, shall not be provided
 to medical assistance recipients through managed  care  programs  estab-
 lished pursuant to this section. Services provided pursuant to a waiver,
 granted pursuant to subsection (c) of section 1915 of the federal social
 security act, to persons qualifying for nursing home diversion and tran-
 sition  services, shall not be provided to medical assistance recipients
 through managed care programs until at least January first, two thousand
 [twenty-seven] THIRTY-TWO.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  section  364-j  of  the social services law made by
 section two of this act shall not affect the repeal of such section  and
 shall be deemed repealed therewith.

co-Sponsors

2025-A10403A (ACTIVE) - Details

See Senate Version of this Bill:
S9573
Current Committee:
Assembly Ways And Means
Law Section:
Social Services Law
Laws Affected:
Amd §366, Soc Serv L

2025-A10403A (ACTIVE) - Summary

Authorizes the commissioner of health to establish nursing facility transition and diversion Medicaid waiting lists per designated waiver region, once the federally approved capacity for the waiver is reached.

2025-A10403A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10403--A
 
                           I N  A S S E M B L Y
 
                               March 3, 2026
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Health -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the social services law, in relation to authorizing  the
   commissioner  of  health  to establish nursing facility transition and
   diversion Medicaid waiting lists per designated waiver region

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 6-a of section 366 of the social services law
 is amended by adding a new paragraph i to read as follows:
   I. THE COMMISSIONER OF HEALTH IS DIRECTED TO ESTABLISH A WAITING  LIST
 PER  DESIGNATED  WAIVER  REGION ONCE THE FEDERALLY APPROVED CAPACITY FOR
 THE WAIVER IS REACHED. THE COMMISSIONER SHALL  DRAW  FROM  THE  REGIONAL
 WAITING LIST TO ACCOMMODATE ELIGIBLE INDIVIDUALS ONCE CAPACITY ALLOWS IN
 EACH REGION. UNLESS THE COMMISSIONER CHOOSES TO PRIORITIZE CERTAIN POPU-
 LATIONS,  INCLUDING  BUT  NOT  LIMITED TO ELIGIBLE PERSONS TRANSITIONING
 FROM NURSING FACILITIES, THE COMMISSIONER SHALL  DRAW  ELIGIBLE  PERSONS
 WHO  HAVE BEEN ON THE WAITING LIST IN THE ORDER IN WHICH THEY CAME ON IN
 EACH REGION, PROVIDED THE ELIGIBLE PERSON RESIDES IN THE APPROVED WAIVER
 REGION FROM WHICH THE VACANCY OCCURRED.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14838-04-6

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