STATE OF NEW YORK
________________________________________________________________________
1021
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Health
AN ACT to amend the social services law, in relation to when services
for traumatic brain injuries granted pursuant to a waiver by the
federal social security act shall begin
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d-2) of subdivision 3 of section 364-j of the
2 social services law, as amended by a chapter of the laws of 2024 amend-
3 ing the social services law relating to the provision of services to
4 certain persons suffering from traumatic brain injuries or qualifying
5 for nursing home diversion and transition services, as proposed in
6 legislative bills numbers S. 2867 and A. 7369, is amended to read as
7 follows:
8 (d-2) Services provided pursuant to [waivers] a waiver, granted pursu-
9 ant to subsection (c) of section 1915 of the federal social security
10 act, to persons suffering from traumatic brain injuries [or qualifying
11 for nursing home diversion and transition services], shall not be
12 provided to medical assistance recipients through managed care programs
13 established pursuant to this section[;]. Services provided pursuant to a
14 waiver, [further that the commissioner of health is hereby directed to
15 take any action required, including but not limited to filing waivers
16 and waiver extensions as necessary with the federal government, to
17 continue the provision of such services] granted pursuant to subsection
18 (c) of section 1915 of the federal social security act, to persons qual-
19 ifying for nursing home diversion and transition services, shall not be
20 provided to medical assistance recipients through managed care programs
21 until at least January first, two thousand twenty-seven.
22 § 2. This act shall take effect on the same date and in the same
23 manner as a chapter of the laws of 2024 amending the social services law
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02849-01-5
A. 1021 2
1 relating to the provision of services to certain persons suffering from
2 traumatic brain injuries or qualifying for nursing home diversion and
3 transition services, as proposed in legislative bills numbers S. 2867
4 and A. 7369, takes effect.
