Assembly Bill A7052

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7052
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2025
                                ___________
 
 Introduced by M. of A. WILLIAMS -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the social services law, in relation to establishing the
   incontinence supplies insurance program for Medicaid beneficiaries
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The social services law is amended by adding a new  section
 363-g to read as follows:
   §  363-G.  INCONTINENCE SUPPLIES INSURANCE PROGRAM. 1.  ESTABLISHMENT.
 THE COMMISSIONER SHALL  ESTABLISH  AN  INCONTINENCE  SUPPLIES  INSURANCE
 PROGRAM.  SUCH  PROGRAM  SHALL  PROVIDE INCONTINENCE SUPPLIES TO PERSONS
 THAT MEET THE PROGRAM ELIGIBILITY REQUIREMENTS ESTABLISHED  IN  SUBDIVI-
 SION  TWO  OF  THIS SECTION. FOR PURPOSES OF THIS SECTION, "INCONTINENCE
 SUPPLIES" SHALL MEAN PRODUCTS DESIGNED TO HELP MANAGE URINARY  OR  BOWEL
 OUTPUT.  SUCH  PRODUCTS  SHALL BE INTENDED TO PROTECT CLOTHING, BEDDING,
 AND FURNITURE AND SHALL CONSIST OF ITEMS INCLUDING, BUT NOT LIMITED  TO,
 PROTECTIVE  UNDERWEAR,  CLOTHS,  WIPES,  BEDDING  PROTECTION,  CLEANERS,
 CREAMS, LOTIONS, BEDPANS, AND URINALS.
   2. ELIGIBILITY. TO QUALIFY FOR COVERAGE UNDER THIS SECTION,  A  PERSON
 SHALL:
   (A) BE A MEDICAID BENEFICIARY;
   (B) BE A RESIDENT OF THE STATE OF NEW YORK; AND
   (C)  OBTAIN  A  NOTE FROM A PHYSICIAN INDICATING A NEED FOR AN ITEM IN
 ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION.
   3. REGULATIONS. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO PROMUL-
 GATE SUCH REGULATIONS AS THEY  MAY  DEEM  NECESSARY  OR  APPROPRIATE  TO
 EFFECTUATE THE PURPOSES OF THIS SECTION. HOWEVER, SUCH REGULATIONS SHALL
 INCLUDE:
   (A)  A  CAP ON ALLOWANCE GRANTED UNDER THIS SECTION OF EIGHTY DOLLARS,
 EVERY THREE MONTHS, PER ELIGIBLE PERSON; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03899-01-5
 A. 7052                             2
              

 
   (B) PROCEDURES FOR THE STATE TO  RECOVER  THE  VALUE  OF  BENEFITS  OR
 PAYMENTS  MADE  UNDER  THIS SECTION, IF ANY, THAT WERE BASED ON APPLICA-
 TIONS OR CLAIMS SUBMITTED IN VIOLATION OF ANY PROVISION OF THIS SECTION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.