Bill S2492-2011

Provides for a ninety day eligibility limitation on medical services not mandated by federal law

Provides for a ninety day eligibility limitation on medical services not mandated by federal law.

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  • Jan 4, 2012: REFERRED TO SOCIAL SERVICES
  • Jan 24, 2011: REFERRED TO SOCIAL SERVICES

Memo

BILL NUMBER:S2492

TITLE OF BILL: An act to amend the social services law, in relation to eligibility limitations on certain medical services not mandated by federal law

SUMMARY OF PROVISIONS: Section 1 amends Section 117 of the Social Services Law by adding a new subdivision 4 to impose a ninety-day state residency requirement for eligibility for Medicaid services not mandated by federal law of regulation.

Section 2 authorizes and directs the Commissioner of Health to apply for any federal waivers required to implement the provisions of subdivision 4 of Section 117 of the Social Services Law.

Section 3 effective date.

PURPOSE AND JUSTIFICATION: This bill would impose a ninety-day state residency requirement for eligibility for Medicaid program services not mandated by federal law that are offered by New York State.

New York has one of the most generous Medicaid programs in the United States. People from other states have taken advantage of this state's generosity towards its residents and purposefully moved to New York solely for the benefit of its charitable social programs. Federal Medicaid laws do not permit as a condition of service that an applicant reside in a jurisdiction for a specific period of time. The current requirements would continue for those Medicaid services mandated by the Federal government. However, this bill would require a 90 day period of residence for eligibility for the additional Medicaid benefits that New York State also provides. Imposing a ninety-day state residency requirement before allowing individuals to qualify for New York's Medicaid program would discourage individuals from moving to the state solely for the purpose of receiving Medicaid while preserving Medicaid services for the people who have made New York State their home.

PRIOR LEGISLATIVE HISTORY: 2005-06 - S.5364/A.7951 -- SOCIAL SERVICES/Social Services 2007-08 - S.3291/A.591O -- SOCIAL SERVICES/Social Services 2009-10 - S.2983/A.6988 -- 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; provided, however, that subdivision 4 of 117 of the Social Services Law as added by section one of this act shall not take effect unless and until the Commissioner of Health receives all necessary approvals under federal law and regulation to implement its provisions, and provided that such provisions do not prevent the receipt of federal

financial participation under the medical assistance program; provided that the Commissioner of Health shall notify the Legislative Bill Drafting Commission upon the occurrence of the enactment of the legislation provided for in this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the State of New York.


Text

STATE OF NEW YORK ________________________________________________________________________ 2492 2011-2012 Regular Sessions IN SENATE January 24, 2011 ___________
Introduced by Sens. RANZENHOFER, ALESI, JOHNSON, LARKIN, LIBOUS -- 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 eligibility limitations on certain medical services not mandated by federal law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 117 of the social services law is amended by adding a new subdivision 4 to read as follows: 4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION OR ANY OTHER PROVISION OF LAW, FOR THE PURPOSES OF ELIGIBILITY FOR MEDICAL ASSISTANCE AS PROVIDED UNDER TITLE ELEVEN OF ARTICLE FIVE OF THIS CHAP- TER OR ANY SUCCESSOR PROVISIONS THEREOF, NO PERSON SHALL BE ELIGIBLE FOR MEDICAL ASSISTANCE DURING THE FIRST NINETY DAYS AFTER SUCH PERSON IS DEEMED ENROLLED FOR SUCH MEDICAL ASSISTANCE SERVICES IF SUCH SERVICES ARE NOT MANDATED SERVICES UNDER FEDERAL LAW OR REGULATION. S 2. The commissioner of health is authorized and directed to apply for any and all federal waivers required to implement the provisions of subdivision 4 of section 117 of the social services law. S 3. The commissioner of health shall promulgate any and all rules and regulations and take any other measures necessary to implement this act including, but not limited to, developing a services and eligibility plan and distributing the same to local social services districts. S 4. This act shall take effect immediately; provided, however, that subdivision 4 of section 117 of the social services law as added by section one of this act shall not take effect unless and until the commissioner of health receives all necessary approvals under federal law and regulation to implement its provisions, and provided that such provisions do not prevent the receipt of federal financial participation under the medical assistance program; provided that the commissioner of health shall notify the legislative bill drafting commission upon the
occurrence of the enactment of the legislation provided for in this act in order that the commission may maintain an accurate and timely effec- tive data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legisla- tive law and section 70-b of the public officers law.

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