Provides for persons whose eligibility for medical assistance is terminated to receive thirty days written notice in advance of the effective date of such termination and consideration of re-application for medical assistance within thirty days of submission of re-application.
Ayes (4): Squadron, Duane, Krueger, McDonald
Ayes W/R (1): Marcellino
BILL NUMBER: S1103
TITLE OF BILL : An act to amend the social services law, in relation to notice and expedited re-application in cases of the termination of medical assistance eligibility
PURPOSE : To require the Office of Administrative Hearings (OAH) and the Office of Temporary and Disability Assistance (OTDA) to provide to an individual who missed their scheduled hearing, advance notice of when their medical assistance will be terminated. The bill also provides for speedy consideration of the re-application process.
SUMMARY OF PROVISIONS : Section 1 amends subdivision 8 of section 22 of the social services law, to require that OTDA give ten days written notice as to the termination of medical assistance.
Section 2 amends section 366-a of the social services law by adding a new subdivision 3-a, to require a ten day turn around on a re-application for medical assistance of an individual whose assistance is being terminated.
Section 3 provides for an immediate effective date.
EXISTING LAW : Currently, OTDA and OAH require individuals to attend a scheduled hearing about the termination of their Medicaid coverage. If the individual misses the appointment for any reason, the missed hearing could result in a default hearing, whereby an individual's Medicaid coverage is terminated without further notice.
JUSTIFICATION : If an individual's Medicaid coverage is terminated, they must undergo an arduous re-application procedure which may take from 30-60 days before being decided upon. The individual will be without coverage during this period, and depending on their medical needs, could keep them from receiving medication and treatment for serious medical conditions. This legislation is intended to provide individuals who have missed their scheduled hearing with written notification of their Medicaid termination date. Furthermore, it will expedite the re-application process for the individual and possibly prevent them from being left without critical medical services.
LEGISLATIVE HISTORY : 2007-08: S.1502 - Died in Committee 2007-08: A.4717 - Passed Assembly 2005-06: S.9674 - Referred to Rules 2003-04: S.5706/A.5559 - Died in Committee 2002: A.3237 - Passed Assembly 2001: A.3237 - Died in Committee
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1103 2009-2010 Regular Sessions IN SENATE January 26, 2009 ___________Introduced by Sens. DILAN, ADAMS, BRESLIN, DIAZ, DUANE, HASSELL-THOMP- SON, KRUEGER, MONTGOMERY, ONORATO, PARKER, SAMPSON, SAVINO, SCHNEIDER- MAN, SERRANO, STAVISKY -- 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 notice and expe- dited re-application in cases of the termination of medical assistance eligibility THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 8 of section 22 of the social services law, as added by chapter 473 of the laws of 1978, is amended to read as follows: 8. The department shall promulgate such regulations, not inconsistent with federal or state law, as may be necessary to implement the provisions of this section. Such regulations shall require that a copy of all decisions made concerning appeals pursuant to this section shall be sent to each party to such appeals and their representatives, if any. SUCH REGULATIONS SHALL ALSO REQUIRE THAT PERSONS WHOSE ELIGIBILITY FOR MEDICAL ASSISTANCE IS TERMINATED BE NOTIFIED IN WRITING OF THE EFFECTIVE DATE OF SUCH TERMINATION AT LEAST TEN BUSINESS DAYS PRIOR TO SUCH EFFEC- TIVE DATE. S 2. Section 366-a of the social services law is amended by adding a new subdivision 3-a to read as follows: 3-A. IN THE CASE OF ANY PERSON WHOSE ELIGIBILITY FOR MEDICAL ASSIST- ANCE IS TERMINATED, SUCH PERSON, UPON RECEIPT OF WRITTEN NOTICE THEREOF, SHALL BE PERMITTED TO RE-APPLY FOR MEDICAL ASSISTANCE, AND SHALL HAVE HIS OR HER ELIGIBILITY THEREFOR DETERMINED BY THE APPROPRIATE SOCIAL SERVICES OFFICIAL WITHIN TEN BUSINESS DAYS OF SUBMISSION OF APPLICATION THEREFOR. NOTICE OF SUCH DECISION AND PROVISION OF THE APPROPRIATE IDEN- TIFICATION CARD SHALL BE AS PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05014-01-9