S1813-2011 - NY Senate Open Legislation - Authorizes local social services districts to choose which state- but not federally-required medicaid services to provide and categories of eligibility to cover

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.

Sponsor: RANZENHOFER / Co-sponsor(s): DEFRANCISCO, GALLIVAN, LARKIN, MAZIARZ, SKELOS / Committee: SOCIAL SERVICES
Law Section: Social Services Law / Law: Amd SS365-a & 366, Soc Serv L

S1813-2011 Actions

Jan 4, 2012: REFERRED TO SOCIAL SERVICES
Jun 24, 2011: COMMITTED TO RULES
Feb 28, 2011: ADVANCED TO THIRD READING
Feb 15, 2011: 2ND REPORT CAL.
Feb 14, 2011: 1ST REPORT CAL.97
Jan 13, 2011: REFERRED TO SOCIAL SERVICES

S1813-2011 Meetings

Social Services: Feb 14, 2011

S1813-2011 Calendars

S1813-2011 Votes

VOTE: COMMITTEE VOTE: - Social Services - Feb 14, 2011

Ayes (4): Gallivan, Ball, Martins, McDonald
Nays (2): Krueger, Huntley

S1813-2011 Memo

BILL NUMBER:S1813

TITLE OF BILL:
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

PURPOSE OF THE BILL
This bill authorizes local Social Services Districts
to choose which state-required but not federally-required Medicaid
services to provide and categories of eligibility to cover.

SUMMARY OF SPECIFIC PROVISIONS:
� 1- Amends � 365-a of the Social Services Law by adding a new
subdivision 8 to authorize each Local Social Services District to
determine which, if any, state-required but not federally-required
services it will provide.

� 2- Amends � 366 of the Social Services Law by adding a new
subdivision 10 to authorize each Local Social Services District to
determine which, if any, state-required but not federally-required
categories of eligibility to cover.

� 3- Authorizes the Commissioner of Health to apply for all federal
waivers that are required to implement the provisions. In addition the
Commissioner shall promulgate any and all rules and regulations
necessary to implement the provisions. Further, the Commissioner shall
specify dates by which such  services and eligibility plans must be
returned to the Commissioner for review and approval to implement the
plans. A district that does not have an approved plan by the
deadline, shall provide all services and categories of eligibility
required under the state plan that is in effect at that time.

� 4- Effective date.

JUSTIFICATION:
Currently there are federally-required and
state-required Medicaid services that each county of New York must
provide to its citizens. There is little doubt that both
federally-required and state-required Medicaid services and categories
of eligibility have put a strain on county budgets.  In recent months
County officials from all over the
state have suggested
that allowing each county to determine their own Medicaid program
services and categories of eligibility will enable them to tailor
the services they provide to the population they serve, thus allowing for
cost savings.
This bill allows each county to tailor its Medicaid program to fit the
needs of its population by choosing which state-required services and
categories of eligibility to provide. If a county does not have an
approved plan by the date specified by the Commissioner of Health,
the county will be required to provide the services and categories of
eligibility that arc required by state law at that time.

PRIOR LEGISLATIVE HISTORY:


2005-2006: A.5464/3539
2007 - S.3295/A.4677 -- HEALTH/Social Services
2008 - S.3295-A/A.4677-A -- SOCIAL SERV/CHILD & FAM/Social Services
2010 - S.2989/A.6777 -- HEALTH/Social Services

FISCAL IMPLICATIONS:
Yet to be determined. Cost savings to both
counties and the State are expected.

EFFECTIVE DATE:
This act shall take effect immediately.

S1813-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1813
 2011-2012 Regular Sessions
 I N  SENATE
 January 13, 2011
 
 Introduced  by  Sens.  RANZENHOFER,  LARKIN,  SKELOS  --  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:

 

Section 1.

Section 365-a of the social  services  law  is  amended  by
 adding a new subdivision 10 to read as follows:

 10.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF THIS SECTION OR OF
 ANY OTHER PROVISION OF THIS CHAPTER OR  OTHER  LAW,  EACH  LOCAL  SOCIAL
 SERVICES  DISTRICT  IS  HEREBY  AUTHORIZED  TO  DETERMINE WHICH, IF ANY,
 SERVICES IT CHOOSES TO PROVIDE TO ELIGIBLE  PERSONS  OF  THOSE  SERVICES
 OTHERWISE  REQUIRED  TO  BE  PROVIDED  BY  APPLICABLE  STATE LAW BUT NOT
 REQUIRED TO BE PROVIDED BY FEDERAL LAW.
 

S 2.

Section 366 of the social services law is amended by adding a new
 subdivision 10 to read as follows:

 10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION  OR  OF
 ANY  OTHER  PROVISION  OF  THIS  CHAPTER OR OTHER LAW, EACH LOCAL SOCIAL
 SERVICES DISTRICT IS HEREBY AUTHORIZED TO DETERMINE TO  WHICH,  IF  ANY,
 CATEGORIES  OF  ELIGIBILITY  IT  CHOOSES  TO  PROVIDE MEDICAL ASSISTANCE
 OTHERWISE REQUIRED TO BE  PROVIDED  BY  APPLICABLE  STATE  LAW  BUT  NOT
 REQUIRED TO BE PROVIDED BY FEDERAL LAW.
 

S 3. The commissioner of health:

 1.   is authorized and directed to apply for any and all federal waiv
 ers required to implement the provisions of subdivision  10  of  section
 365-a and subdivision 10 of section 366 of the social services law;
 2.  shall  promulgate  any  and all rules and regulations and take any
 other measures necessary to implement this act, including but not limit
 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.
 LBD02600-01-1
        S. 1813                             2
 same  to local social services districts whereby such districts may make
 such choices as are authorized by subdivision 10 of  section  365-a  and
 subdivision  10  of  section 366 of the social services law, as added by
 sections  one and two, respectively, of this act, and applicable federal
 waivers; and
 3. shall specify dates by which such services  and  eligibility  plans
 must  be returned to said commissioner for review and approval to imple
 ment such plans. A district that does not have an approved plan  by  the
 deadline set therefor by the commissioner shall provide all services and
 categories  of eligibility required under the state plan as in effect at
 that time.
 

S 4. This act shall take effect immediately.

S1813-2011: Authorizes local social services districts to choose which state- but not federally-required medicaid services to provide and categories of eligibility to cover