Requires the department of social services to implement regulations relating to the automatic redetermination of eligibility for medical assistance for a period of not less than two years for enrollees receiving Medicaid in the Aged, Blind and Disabled category who receive fixed income from the Social Security Administration; directs the commissioner of health to make any necessary amendments to the state plan for medical assistance, or apply for any necessary waiver or approval under the federal social security act.
STATE OF NEW YORK
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10302
IN ASSEMBLY
April 15, 2020
___________
Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
tee on Health
AN ACT to amend the social services law, in relation to requiring the
department of social services to implement regulations relating to the
automatic redetermination of eligibility for medical assistance for a
period of not less than two years for enrollees receiving Medicaid in
the Aged, Blind and Disabled category who receive fixed income from
the Social Security Administration
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 5 of section 366-a of the
2 social services law, as amended by section 12 of part D of chapter 56 of
3 the laws of 2013, is relettered paragraph (e) and paragraph (c) of
4 subdivision 5 of section 366-a of the social services law, as amended by
5 section 10 of part D of chapter 56 of the laws of 2013, is amended to
6 read as follows:
7 (c) The regulations required by paragraph (a) of this subdivision
8 shall provide that:
9 (i) the redetermination of eligibility will be made based on reliable
10 information possessed or available to the department of health or its
11 agent, including information accessed from databases pursuant to subdi-
12 vision eight of this section;
13 (ii) if the department of health or its agent is unable to renew
14 eligibility based on available information, the recipient will be
15 requested to supply any such information as is necessary to determine
16 continued eligibility for medical assistance under this title; [and]
17 (iii) for persons whose medical assistance eligibility is based on
18 modified adjusted gross income, eligibility must be renewed at least
19 once every twelve months, unless the department of health or its agent
20 receives information about a change in a recipient's circumstances that
21 may affect eligibility; and
22 (iv) persons receiving Medicaid in the Aged, Blind and Disabled cate-
23 gory who receive fixed income from the Social Security Administration
24 (SSA) shall be automatically redetermined to be eligible for medical
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14386-01-9
A. 10302 2
1 assistance for a period of not less than two years and shall not be
2 required to reapply for medical assistance benefits during such period.
3 § 2. The commissioner of health shall make any amendments to the state
4 plan for medical assistance, or apply for any waiver or approval under
5 the federal social security act that are necessary to carry out the
6 provisions of this act.
7 § 3. This act shall take effect on the one hundred eightieth day after
8 it shall have become a law. Effective immediately the addition, amend-
9 ment and/or repeal of any rule or regulation necessary for the implemen-
10 tation of this act on its effective date are authorized to be made and
11 completed on or before such date.
