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S05807 Summary:

S05807 Actions:

S05807 Committee Votes:

S05807 Floor Votes:

S05807 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5807
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       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-
          mental Disabilities
 
        AN ACT to amend the mental hygiene law, in relation to  eligibility  for
          dependents of military service members for certain developmental disa-
          bility services

          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
     5              members.
     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.
                                                                   LBD11337-01-7
        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.