Barclay, Crouch, Friend, McDonough, Miller ML, Raia, Sayegh, Walsh
Add §368-g, Soc Serv L
Prohibits unfunded mandates in medicaid; provides that a provision of law which is determined to be an unfunded mandate according to this new section of law shall cease to be mandatory and become voluntary in operation; defines "law" as a statute, executive order of the governor, or rule or regulation; provides such prohibition does not apply to laws in full force and effect prior to the effective date of the section.
STATE OF NEW YORK
________________________________________________________________________
5795
2019-2020 Regular Sessions
IN ASSEMBLY
February 19, 2019
___________
Introduced by M. of A. GIGLIO, ASHBY, FINCH, B. MILLER, SMITH, BRABENEC,
HAWLEY, MORINELLO, TAGUE, DeSTEFANO, KOLB, NORRIS, DiPIETRO, LAWRENCE,
SMULLEN -- Multi-Sponsored by -- M. of A. BARCLAY, CROUCH, FRIEND,
McDONOUGH, M. L. MILLER, RAIA, SAYEGH, WALSH -- read once and referred
to the Committee on Social Services
AN ACT to amend the social services law, in relation to the prohibition
on unfunded mandates in medical assistance; and providing for the
repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The social services law is amended by adding a new section
2 368-g to read as follows:
3 § 368-g. Prohibition on unfunded mandates. 1. Any provision of law
4 that is contained in or enacted pursuant to this title and determined in
5 accordance with this section to be an unfunded mandate shall cease to be
6 mandatory in effect and shall become voluntary in operation.
7 2. A provision of law that is contained in or enacted pursuant to this
8 title which requires one or more county or city social services
9 districts to expend funds or to take actions requiring the expenditure
10 of funds shall be deemed an unfunded mandate if such provision of law
11 results in an aggregate net increase in necessary direct expenditures by
12 the social services districts of the state. Any such aggregate net
13 increase in expenditures shall be offset by: (a) monies provided to the
14 social services districts for the specific purpose of funding such
15 provision of law; and (b) decreases in expenditures expected to result
16 from other provisions of law enacted concurrently therewith that repeal,
17 reduce or modify existing mandates on social services districts.
18 3. For purposes of this section, the term "law" shall mean a statute
19 enacted by the legislature, or executive order issued by the governor,
20 or a rule or regulation promulgated by a state agency, department,
21 board, bureau, officer, authority or commission.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06899-01-9
A. 5795 2
1 4. Notwithstanding any provision of this section to the contrary, the
2 following types of laws shall not be considered unfunded mandates:
3 (a) those necessary to comply with federal law;
4 (b) those for which the aggregate net increase in required direct
5 expenditures by a social services district is less than twenty thousand
6 dollars;
7 (c) those that have been requested through a home rule message or
8 other resolution of the affected social services district, or which have
9 been accepted by the affected social services district;
10 (d) those reapportioning responsibilities between or among social
11 services districts;
12 (e) those arising from an executive order of the governor exercising
13 his or her emergency powers;
14 (f) those applicable to both government and non-government entities in
15 the same or a substantially similar manner; and
16 (g) those in full force and effect prior to the effective date of this
17 section, including any provision of law that extends or reauthorizes
18 such a law.
19 § 2. This act shall take effect April 1, 2020 and shall expire and be
20 deemed repealed March 31, 2022.
