Exempts honorably discharged military veterans, their widow or spouse, and eligible Gold Star parents in state veterans homes or adult day care at a state veterans home from requirements to enroll in a medicaid managed care plan or a medicaid long term care plan.
Ayes (37): DeFrancisco, Bonacic, Farley, Flanagan, Golden, Griffo, Grisanti, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, O'Mara, Ranzenhofer, Robach, Savino, Seward, Young, Valesky, Martins, Krueger, Diaz, Dilan, Rivera, Gianaris, Breslin, Montgomery, Parker, Peralta, Perkins, Stavisky, Squadron, Kennedy, Espaillat, Hassell-Thompson
TITLE OF BILL: An act to amend the military law and the public health law, in relation to enacting the "veterans long-term care access act"
PURPOSE: The bill will ensure that individuals eligible for admission to New York State Veterans Homes and who are eligible to receive benefits under the Medicaid program, maintain the right to receive skilled nursing care or medical model Adult Day Health Care at any of the five State Veterans Homes located in New York State.
SUMMARY OF PROVISIONS:
Section 1: Section one amends the military law by adding a new section 235-b, Medicaid eligibility for veterans in state homes. Under this section, no honorably discharged military veteran, their spouse or widow, or the Gold Star parent of such veteran, shall be required to enroll in a Medicaid managed care plan or a Medicaid long term care plan if he or she is accepted for admission into a state veterans home or enrolled in a medical model adult day health care program at a state veterans home.
Section 2: Section two amends the public health law by adding a new section 2636, reimbursement for services rendered. Under this section, a state veterans home providing long term nursing home care, medical model adult day health care programs or any other services to an honorably discharged military veteran, their spouse or widow, or to the Gold Star parent of such veteran shall continue to be paid for its services pursuant to the fee for service schedules in effect for Medicaid long term care on the dates of services rendered. This bill also mandates that the rates of payment pursuant to such fee-for-service schedules are adjusted annually to reflect full trend factor increases.
Section 3: Section three sets the effective date.
JUSTIFICATION: New York State is currently converting from a traditional fee-for-service reimbursement model to a Medicaid managed care system for Medicaid recipients requiring long term care. Under Medicaid managed care, veteran Medicaid enrollees may be directed to non-state veterans homes because state veterans homes may be unable to obtain or maintain contracts with certain managed care organizations. As a result, many New York State veterans could be denied access to long term care services at state veterans homes, a benefit they earned through honorable military service to the nation.
Veterans who choose to reside in any of the five state veterans homes have greater access to additional programs and services offered by the United States Department of Veterans Affairs, including the United State Department of Veterans Fairs per diem, enhanced aids and attendance, service connected disabled veterans full cost of care benefits, telemedicine care, motorized wheelchairs, durable medical equipment, orthotics and prosthetics, other assistive devices, and home adaptive modifications. State veterans home personnel are uniquely qualified to both assess these required services and to access these services for New York State's veteran population.
This legislation would ensure that New York State maintains the traditional fee-for-service reimbursement model for its five state veterans homes. This bill will guarantee that New York's honorably discharged veterans, their spouses and widows, and Gold Star parents who qualify for Medicaid, will continue to receive all of their enhanced benefits and the high quality of care that they deserve.
LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6762 IN SENATE March 6, 2014 ___________Introduced by Sens. FLANAGAN, LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Home- land Security and Military Affairs AN ACT to amend the military law and the public health law, in relation to enacting the "veterans long-term care access act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "veterans long-term care access act". S 2. The military law is amended by adding a new section 235-b to read as follows: S 235-B. MEDICAID ELIGIBILITY FOR VETERANS IN STATE VETERANS HOMES. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, NO HONOR- ABLY DISCHARGED MILITARY VETERAN, THEIR SPOUSE OR WIDOW, OR THE GOLD STAR PARENT OF SUCH VETERAN SHALL BE REQUIRED TO ENROLL IN A MEDICAID MANAGED CARE PLAN OR A MEDICAID LONG TERM CARE PLAN IF HE OR SHE IS ACCEPTED FOR ADMISSION INTO A STATE VETERANS HOME OR ENROLLED IN A MEDICAL MODEL ADULT DAY HEALTH CARE PROGRAM AT A STATE VETERANS HOME. SUCH HONORABLY DISCHARGED VETERAN, THEIR SPOUSE OR WIDOW, OR GOLD STAR PARENT SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF ANY PLAN OF TRANSI- TION OF NURSING HOME POPULATIONS INTO ANY MANAGED CARE PROGRAMS OTHER- WISE ADOPTED AND APPROVED BY THE DEPARTMENT. S 3. The public health law is amended by adding a new section 2636 to read as follows: S 2636. REIMBURSEMENT FOR SERVICES RENDERED. A STATE VETERANS HOME PROVIDING LONG TERM NURSING HOME CARE, MEDICAL MODEL ADULT DAY HEALTH CARE PROGRAMS OR ANY OTHER SERVICES TO AN HONORABLY DISCHARGED MILITARY VETERAN, THEIR SPOUSE OR WIDOW, OR THE GOLD STAR PARENT OF SUCH VETERAN SHALL CONTINUE TO BE PAID FOR ITS SERVICES PURSUANT TO THE FEE FOR SERVICE SCHEDULES IN EFFECT FOR MEDICAID LONG TERM CARE ON THE DATES OF SERVICES RENDERED, NOTWITHSTANDING ANY OTHER FORMULA FOR THE PAYMENT OF LONG TERM CARE ADOPTED BY THE DEPARTMENT OR BY ANY MANAGED CARE ORGAN- IZATION, MEDICAID MANAGED CARE PLAN, OR MEDICAID MANAGED LONG TERM CARE PLAN. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RATES OF PAYMENT PURSUANT TO SUCH FEE FOR SERVICE SCHEDULES SHALL BE ADJUSTED ANNUALLY TO REFLECT FULL TREND FACTOR INCREASES. S 4. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14122-03-4