Bill 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

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.

Details

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

Calendars

Votes

VOTE: COMMITTEE VOTE: - Social Services - Feb 14, 2011
Ayes (4): Gallivan, Ball, Martins, McDonald
Nays (2): Krueger, Huntley

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1813 2011-2012 Regular Sessions IN 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
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.

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