Authorizes local social services to choose which state-required but not federally-required medicaid services to provide to eligible persons and which categories of eligibility to cover; directs the commissioner of health to apply for necessary waivers, promulgate rules and regulations, and establish necessary procedures.
STATE OF NEW YORK
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2989
2009-2010 Regular Sessions
IN SENATE
March 9, 2009
___________
Introduced by Sens. RANZENHOFER, LARKIN, SKELOS, VOLKER -- read twice
and ordered printed, and when printed to be committed to the Committee
on Social Services
AN ACT to amend the social services law, in relation to allowing local
social services districts discretion to provide certain medicaid
services and to cover certain categories of eligibility
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 365-a of the social services law is amended by
2 adding a new subdivision 8 to read as follows:
3 8. Notwithstanding any inconsistent provision of this section or of
4 any other provision of this chapter or other law, each local social
5 services district is hereby authorized to determine which, if any,
6 services it chooses to provide to eligible persons of those services
7 otherwise required to be provided by applicable state law but not
8 required to be provided by federal law.
9 § 2. Section 366 of the social services law is amended by adding a new
10 subdivision 10 to read as follows:
11 10. Notwithstanding any inconsistent provision of this section or of
12 any other provision of this chapter or other law, each local social
13 services district is hereby authorized to determine to which, if any,
14 categories of eligibility it chooses to provide medical assistance
15 otherwise required to be provided by applicable state law but not
16 required to be provided by federal law.
17 § 3. The commissioner of health:
18 1. is authorized and directed to apply for any and all federal waiv-
19 ers required to implement the provisions of subdivision 8 of section
20 365-a and subdivision 10 of section 366 of the social services law;
21 2. shall promulgate any and all rules and regulations and take any
22 other measures necessary to implement this act, including but not limit-
23 ed to developing a services and eligibility plan and distributing the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03980-01-9
S. 2989 2
1 same to local social services districts whereby such districts may make
2 such choices as are authorized by subdivision 8 of section 365-a and
3 subdivision 10 of section 366 of the social services law, as added by
4 sections one and two, respectively, of this act, and applicable federal
5 waivers; and
6 3. shall specify dates by which such services and eligibility plans
7 must be returned to said commissioner for review and approval to imple-
8 ment such plans. A district that does not have an approved plan by the
9 deadline set therefor by the commissioner shall provide all services and
10 categories of eligibility required under the state plan as in effect at
11 that time.
12 § 4. This act shall take effect immediately.
