Amends provisions relating to eligibility of dependents of military service members for certain developmental disability services impacted by the assignment of such service member outside of the state.
STATE OF NEW YORK
2017-2018 Regular Sessions
May 1, 2017
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
AN ACT to amend the mental hygiene law, in relation to eligibility for
dependents of military service members for certain developmental disa-
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 67.09 of the mental hygiene law, as added by chap-
2 ter 488 of the laws of 2016, is amended to read as follows:
3 § 67.09 Medicaid home and community based services eligibility for
4 dependents of certain military [servicemembers] service
6 (a) A dependent of a member of the armed forces of the United States
7 or the organized militia of the state, who is a legal resident of this
8 state, having previously been determined to be eligible for develop-
9 mental disability services provided by the [federal Department of Health
10 and Human Services] office for people with developmental disabilities
11 (OPWDD), including waiver services provided under the home and community
12 based services programs authorized under Section 1915(c) of the Social
13 Security Act, shall retain eligibility for those developmental disabili-
14 ty services as long as he or she remains a legal resident of the state,
15 regardless of having left the state due to the [servicemember's] service
16 member's military assignment outside the state, and as long as he or she
17 is otherwise eligible for such services. [A dependent who resides out-
18 of-state may be placed on the waiting list for developmental disabili-
19 ties services if the dependent left the state due to the servicemember's
20 military assignment outside the state.]
21 (b) For dependents who received developmental disability services and
22 who left the state due to the military service member's military assign-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 5807 2
1 ment outside the state, upon the dependent's return to the state and
2 when a request for services is made OPWDD shall:
3 (1) determine the dependent's eligibility for services, which may
4 include a request for waiver services provided under the home and commu-
5 nity based services programs authorized under Section 1915(c) of the
6 Social Security Act;
7 (2) provide to the dependent notification of the determination of
8 eligibility for services, which includes notification of a denial of
9 services if applicable;
10 (3) provide the dependent an opportunity to contest OPWDD's determi-
11 nation through the appeals process established by OPWDD; and
12 (4) resume services if the individual remains eligible.
13 (c) As a condition of continued eligibility for services under subdi-
14 vision (a) of this section, a depended must inform OPWDD of their
15 current address and provide updates as requested by OPWDD.
16 (d) No payment pursuant to this section shall be made for home and
17 community based services provided outside the State of New York.
18 (e) For purposes of this section, "dependent" shall be defined
19 consistent with the federal tax code.
20 § 2. This act shall take effect on the first of April next succeeding
21 the date on which it shall have become a law.