S5889C-2011 Actions

• Jun 8, 2012: PRINT NUMBER 5889D
• Jun 8, 2012: AMEND (T) AND RECOMMIT TO FINANCE
• Jan 24, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 18, 2012: PRINT NUMBER 5889C
• Jan 18, 2012: AMEND AND RECOMMIT TO SOCIAL SERVICES
• Jan 4, 2012: REFERRED TO SOCIAL SERVICES
• Sep 23, 2011: PRINT NUMBER 5889B
• Sep 23, 2011: AMEND AND RECOMMIT TO RULES
• Sep 21, 2011: PRINT NUMBER 5889A
• Sep 21, 2011: AMEND AND RECOMMIT TO RULES
• Sep 14, 2011: REFERRED TO RULES

S5889C-2011 Meetings

S5889C-2011 Votes

S5889C-2011 Memo

BILL NUMBER:S5889

TITLE OF BILL:
An act
to amend chapter 58 of the laws of 2005, relating to authorizing
reimbursements for expenditures made by or on behalf of social services
districts for medical assistance for needy persons and the
administration thereof, in relation to calculating social services
district medical assistance expenditure amounts

PURPOSE:
This bill provides for a two year freeze of local contributions to the
cost of Medicaid followed by the gradual state assumption of all
non-federal Medicaid costs over an 8 year period.

SUMMARY OF PROVISIONS:
Sections 1 and 2 of Part C of Chapter 58 of the Laws of 2005 are
amended to provide a phased takeover of the local share of Medicaid
costs.

JUSTIFICATION:
Since the enactment of the Medicaid program in 1965, local social
service districts (counties and the City of New York) have been
required to share in both the cost and administrative operation of
the program. Over the years, the cost of the program has grown
exponentially while responsibility for program design and
administration has been gradually shifted to the state. This shift in
program administrative responsibility will be completed in 2016 when
under Chapter 58 of the Laws of 2010, the state "will assume the
administrative responsibilities of the medical assistance program
performed by local social service districts". At this point, local
social service districts will have no programmatic or administrative
responsibilities for the Medicaid program and therefore, should not
be required to contribute to the financing of the program.

In recognition of the additional state costs that will be incurred by
assuming full fiscal responsibility for the program, this legislation
provides for the gradual assumption of the current local shares
starting with a 2 year freeze on local contributions beginning in
2013. Beginning in
2015, local contributions would be reduced over a 8 year period ending
with the full assumption of Medicaid costs by the state in 2023.

The timing of the bill takes into account the state of the current
economy, the changes that will be required by the federal Affordable
Care Act, and the timetable developed by the Department of Health to
assume full administrative responsibility for Medicaid. It provides
ample time for the Governor and Legislature to develop and consider
changes to the program that may be required to maintain program
compliance with federal law as well as affordability to the state.

LEGISLATIVE HISTORY:
New bill.

EFFECTIVE DATE:
This act shall take effect immediately.

S5889C-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5889--C
 2011-2012 Regular Sessions
 I N  SENATE
 September 14, 2011
 
 Introduced  by  Sens.  GALLIVAN,  McDONALD,  RANZENHOFER, ALESI, AVELLA,
 BALL, BONACIC, CARLUCCI, FARLEY,  GOLDEN,  GRIFFO,  GRISANTI,  LARKIN,
 LIBOUS,  MAZIARZ,  MONTGOMERY, NOZZOLIO, O'MARA, OPPENHEIMER, RITCHIE,
 SEWARD, VALESKY, YOUNG -- read twice and  ordered  printed,  and  when
 printed  to  be  committed  to  the  Committee  on  Rules -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee  --  committee  discharged,  bill  amended,  ordered
 reprinted  as amended and recommitted to said committee -- recommitted
 to the Committee on Social Services in accordance with Senate Rule  6,
 sec.  8  --  committee  discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee
 

AN ACT to amend chapter 58 of the laws of 2005, relating to  authorizing
 reimbursements  for  expenditures  made  by  or  on  behalf  of social
 services districts for medical assistance for needy  persons  and  the
 administration  thereof,  in  relation  to calculating social services
 district medical assistance expenditure amounts
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivisions (c) and (d) of section 1 and subdivision (b)
 of section 2 of part C of chapter 58 of the laws of  2005,  relating  to
 authorizing  reimbursements  for  expenditures  made  by or on behalf of
 social services districts for medical assistance for needy  persons  and
 the administration thereof, are amended to read as follows:

 (c)  Commencing  with  the  calendar  year  beginning January 1, 2006,
 calendar year social services district  medical  assistance  expenditure
 amounts  for each social services district shall be calculated by multi
 plying the results of the calculations performed pursuant to [paragraph]
 SUBDIVISION (b) of this section by a  non-compounded  trend  factor,  as
 follows:

 (i) 2006 (January 1, 2006 through December 31, 2006):  3.5%;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13008-10-2
 
       S. 5889--C                          2
 (ii)  2007  (January 1, 2007 through December 31, 2007):  6.75% (3.25%
 plus the prior year's 3.5%);
 (iii)  2008  (January  1,  2008 through December 31, 2008):  9.75% (3%
 plus the prior year's 6.75%);
 (iv) 2009 (January 1, 2009  through  December  31,  2009)[,  and  each
 succeeding calendar year: prior year's trend factor percentage plus 3%]:

 12.75% (3% PLUS THE PRIOR YEAR'S 9.75%);
 (V)  2010 (JANUARY 1, 2010 THROUGH DECEMBER 31, 2010): 15.75% (3% PLUS
 THE PRIOR YEAR'S 12.75%);
 (VI) 2011 (JANUARY 1, 2011 THROUGH DECEMBER 31, 2011): 18.75% (3% PLUS
 THE PRIOR YEAR'S 15.75%);
 (VII) FIRST THREE-QUARTERS OF 2012 (JANUARY 1, 2012 THROUGH  SEPTEMBER
 30, 2012): 18.75% (NO CHANGE FROM PRIOR YEAR'S 18.75%);
 (VIII)  LAST  QUARTER  OF  2012  (OCTOBER 1, 2012 THROUGH DECEMBER 31,
 2012): 13.75% (5% SUBTRACTED FROM THE PREVIOUS PERIOD'S 18.75%);
 (IX) 2013 (JANUARY 1, 2013 THROUGH  DECEMBER  31,  2013):  13.75%  (NO
 CHANGE FROM THE PRIOR QUARTER'S 13.75%);
 (X)  2014  (JANUARY  1,  2014  THROUGH  DECEMBER 31, 2014): 0% (13.75%
 SUBTRACTED FROM THE PRIOR YEAR'S 13.75%);
 (XI) 2015 (JANUARY 1, 2015  THROUGH  DECEMBER  31,  2015):  -16%  (16%
 SUBTRACTED FROM THE PRIOR YEAR'S 0%);
 (XII)  2016  (JANUARY  1,  2016  THROUGH DECEMBER 31, 2016): -34% (18%
 SUBTRACTED FROM THE PRIOR YEAR'S -16%);
 (XIII) 2017 (JANUARY 1, 2017 THROUGH DECEMBER  31,  2017):  -54%  (20%
 SUBTRACTED FROM THE PRIOR YEAR'S -34%);
 (XIV)  2018  (JANUARY  1,  2018  THROUGH DECEMBER 31, 2018): -76% (22%
 SUBTRACTED FROM THE PRIOR YEAR'S -54%);
 (XV) 2019 (JANUARY 1,  2019  THROUGH  DECEMBER  31,  2019),  AND  EACH
 SUCCEEDING  CALENDAR  YEAR:  -100%  (24% SUBTRACTED FROM THE -76% OF THE
 YEAR 2018).
 (d) The base year expenditure amounts calculated  pursuant  to  [para-
 graph]  SUBDIVISION  (b)  of  this  section and the calendar year social
 services district expenditure amounts calculated pursuant to [paragraph]
 SUBDIVISION (c) of this section shall be  converted  into  state  fiscal
 year  social  services  district expenditure cap amounts for each social
 services district such that  each  such  state  fiscal  year  amount  is
 proportional  to  the  portions  of  the  two calendar years within each
 fiscal year, as follows:

 (i) fiscal year 2005-2006 (April 1, 2005 through March 31, 2006):  75%
 of the base year amount plus 25% of the 2006 calendar year amount;
 (ii) fiscal year 2006-2007 (April 1, 2006 through March 31, 2007): 75%
 of  the  2006  year  calendar  amount plus 25% of the 2007 calendar year
 amount;
 (iii) FISCAL YEAR 2007-2008 (APRIL 1, 2007 THROUGH  MARCH  31,  2008):

 75%  OF THE 2007 YEAR CALENDAR AMOUNT PLUS 25% OF THE 2008 CALENDAR YEAR
 AMOUNT;
 (IV) FISCAL YEAR 2008-2009 (APRIL 1, 2008 THROUGH MARCH 31, 2009): 75%
 OF THE 2008 YEAR CALENDAR AMOUNT PLUS 25%  OF  THE  2009  CALENDAR  YEAR
 AMOUNT;
 (V)  FISCAL YEAR 2009-2010 (APRIL 1, 2009 THROUGH MARCH 31, 2010): 75%
 OF THE 2009 YEAR CALENDAR AMOUNT PLUS 25%  OF  THE  2010  CALENDAR  YEAR
 AMOUNT;
 (VI) FISCAL YEAR 2010-2011 (APRIL 1, 2010 THROUGH MARCH 31, 2011): 75%
 OF  THE  2010  YEAR  CALENDAR  AMOUNT PLUS 25% OF THE 2011 CALENDAR YEAR
 AMOUNT;
 
       S. 5889--C                          3
 (VII) FISCAL YEAR 2011-2012 (APRIL 1, 2011 THROUGH  MARCH  31,  2012):

 100% OF THE 2011 YEAR CALENDAR AMOUNT;
 (VIII)  FISCAL  YEAR 2012-2013 (APRIL 1, 2012 THROUGH MARCH 31, 2013):

 50% OF THE 2011 YEAR CALENDAR AMOUNT PLUS 50% OF THE 2013 CALENDAR  YEAR
 AMOUNT;
 (IX) FISCAL YEAR 2013-2014 (APRIL 1, 2013 THROUGH MARCH 31, 2014): 75%
 OF  THE  2013  YEAR  CALENDAR  AMOUNT PLUS 25% OF THE 2014 CALENDAR YEAR
 AMOUNT;
 (X) FISCAL YEAR 2014-2015 (APRIL 1, 2014 THROUGH MARCH 31, 2015):  75%
 OF  THE  2014  YEAR  CALENDAR  AMOUNT PLUS 25% OF THE 2015 CALENDAR YEAR
 AMOUNT;
 (XI) each succeeding fiscal year: 75% of the first calendar year with
 in that fiscal year's amount plus 25% of the second calendar year within
 that fiscal year's amount.
 (b) Notwithstanding any provisions of state or local law, ordinance or
 resolution to the contrary:

 (i) A social services district shall exercise the option described  in
 this  section through the adoption of a resolution by its local legisla
 tive body, in the form set forth in  [subparagraph]  PARAGRAPH  (ii)  of
 this [paragraph] SUBDIVISION, to elect the medical assistance reimburse
 ment  methodology  set  forth  in  [paragraph]  SUBDIVISION  (a) of this
 section and to elect the tax intercept methodology set forth in subdivi
 sion (f) of section 1261 of the tax law or subdivision  (g)  of  section
 1261 and [subdivision] SUBSECTION (h) of section 1313 of the tax law, as
 applicable.  A social services district, acting through its local legis
 lative body, is hereby authorized to adopt such  a  resolution.  Such  a
 resolution shall be effective only if it is adopted exactly as set forth
 in  [subparagraph]  PARAGRAPH  (ii)  of  this [paragraph] SUBDIVISION no
 later than September 30, 2007, and a certified copy of  such  resolution
 is  mailed to the commissioner of health by certified mail by such date.
 The commissioner of health shall, no later than October 31, 2007, certi
 fy to the commissioner of taxation and finance a list  of  those  social
 services  districts  which  have  elected  the  option described in this
 section. A social services district shall have  [no]  THE  authority  to
 rescind the exercise of the option described in this section THROUGH THE
 ADOPTION  OF A RESOLUTION BY ITS LOCAL LEGISLATIVE BODY, IN THE FORM SET
 FORTH IN PARAGRAPH (III) OF THIS  SUBDIVISION,  TO  ELECT  TO  CEASE  TO
 PARTICIPATE  IN  THE  MEDICAL  ASSISTANCE  REIMBURSEMENT METHODOLOGY SET
 FORTH IN SUBDIVISION (A) OF THIS SECTION AND TO ELECT TO  CEASE  TO  USE
 THE  TAX  INTERCEPT METHODOLOGY SET FORTH IN SUBDIVISIONS (F) AND (G) OF
 SECTION 1261 OF THE TAX LAW OR SUBSECTION (H) OF SECTION 1313 OF THE TAX
 LAW, AS APPLICABLE. A SOCIAL SERVICES DISTRICT, ACTING THROUGH ITS LOCAL
 LEGISLATIVE BODY, IS HEREBY AUTHORIZED TO ADOPT SUCH A RESOLUTION.  SUCH
 A  RESOLUTION  SHALL  BE  EFFECTIVE ONLY IF IT IS ADOPTED EXACTLY AS SET
 FORTH IN PARAGRAPH (III) OF THIS SUBDIVISION NO LATER THAN SEPTEMBER 30,
 2013, AND A CERTIFIED COPY OF SUCH RESOLUTION IS MAILED TO  THE  COMMIS
 SIONER  OF  HEALTH  BY  CERTIFIED MAIL BY SUCH DATE. THE COMMISSIONER OF
 HEALTH SHALL, NO LATER THAN OCTOBER 31, 2013, CERTIFY TO THE COMMISSION
 ER OF TAXATION AND FINANCE A LIST OF  THOSE  SOCIAL  SERVICES  DISTRICTS
 WHICH  HAVE  ELECTED  TO  CEASE PARTICIPATION IN THE OPTION DESCRIBED IN
 THIS SECTION.
 (ii) Form of resolution.
 Be it enacted by the (county or city) of (insert locality's  name)  as
 follows:

 

Section  one.  The (county or city) of (insert locality's name) hereby
 elects the medical assistance reimbursement option and revenue intercept
 
       S. 5889--C                          4
 for Medicaid purposes described in section 2 of chapter (fill in chapter
 number) of the laws of 2005.
 

Section 2. This resolution shall take effect immediately.
 (III) FORM OF RESOLUTION.
 BE  IT  ENACTED BY THE (COUNTY OR CITY) OF (INSERT LOCALITY'S NAME) AS
 FOLLOWS:

 SECTION ONE. THE (COUNTY OR CITY) OF (INSERT LOCALITY'S  NAME)  HEREBY
 CEASES  TO ELECT THE MEDICAL ASSISTANCE REIMBURSEMENT OPTION AND REVENUE
 INTERCEPT FOR MEDICAID PURPOSES DESCRIBED IN SECTION 1 OF CHAPTER  (FILL
 IN CHAPTER NUMBER) OF THE LAWS OF 2012.
 SECTION 2. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY.
 

S 2. This act shall take effect immediately.

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