BILL NUMBER:S5835

TITLE OF BILL:  An act to amend the social services law, in relation
to establishing the department of health as the agency to provide
proof of Medicaid eligibility when requested by a recipient or his or
her designated representative

PURPOSE OR GENERAL IDEA OF THE BILL:

This legislation allows recipients or designated representatives to
obtain proof of Medicaid eligibility provided by the department of
health when requested.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends section 366-a of the social services law by adding a
new subdivision 3-a to read as follows: The department of health shall
respond to a request within thirty days and it shall be the single
state agency required to provide proof of eligibility on official
department of health letterhead when requested by a recipient or his
or her designated representative, including, but not limited to, legal
counsel, legal guardian, or attorney-in-fact under a power of
attorney.

Section 2. Effective Date

              

EXISTING LAW:

None

JUSTIFICATION:

In many instances, documented immigrants need to provide official
documentation of their enrollment in a health insurance program. The
documentation must be provided on official letterhead of the insuring
entity. However, the NYS Department of Health, through its
contractors, has now delineated that responsibility to a third party.
That third party issues the documentation on a notice that does not
look like official state agency letterhead and in fact does not look
like an authentic document.

The failure of DOH to issue the proof of medical
coverage/participation is creating extensive hardships for immigrants
who are in need of such documentation because it is being requested by
federal agencies.

This legislation seeks to remedy this situation by having the DOH
issue the requested proof on official letterhead. Attempts to have DOH
address this problem administratively have not yielded desired
results. In the meantime harm is being caused to our residents because
of DOH's inability to recognize the severity of the problem they are
causing by maintaining current practice.

PRIOR LEGISLATIVE HISTORY:

New Bill


FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None

EFFECTIVE DATE:

This act shall take effect immediately.