Establishes a senior dental services grant program; authorizes the director to establish the program and, upon the availability of appropriations, provide grants to eligible elderly persons who are in need of such services.
TITLE OF BILL: An act to amend the elder law, in relation to establishing a senior dental services grant program
PURPOSE OR GENERAL IDEA OF BILL: This bill would establish a grant program for the provision of dental services exclusively for seniors in need of assistance.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends the Elder Law by adding a new section 2l5-c. Establishes the senior dental services grant program and establishes responsibilities of the Director of the State Office for the Aging, income criteria for participants, and a report on the viability of the program for the future. Provides for a civil penalty not to exceed $250 for an applicant who makes a false statement, submits false information or conceals a material fact in order to receive such grant.
Section 2. Effective Date
EXISTING LAW: None.
JUSTIFICATION: A large population of senior citizens in New York receives health coverage from Medicare, Medicaid, or other managed care providers, most of which do not provide dental services to its patients. Oral health is essential to overall health because of the danger posed by mouth bacteria, tooth decay, and poor tooth strength which can leave a senior malnourished. Not-for-profit organizations and dental schools have attempted to fill this service gap, but have done so at a large personal expense. This bill seeks to compensate those who have been able to provide service and support their efforts going forward. It is vital to not only keep current services up and running but to enable new programs to provide services in parts of the state where they are desperately needed.
PRIOR LEGISLATIVE HISTORY: 2012: S.299 - Referred to Health/A.255- Enacting Clause Stricken/A.9074 - Referred to Aging 2011: S.299 Notice of Committee Consideration Requested, Committee Discharged and Committed to Health/A.255- Referred to Aging 2009-10: S.2218B -Reported and Committed to Finance/A.3733B - Reported Referred to Codes 2008: A.10316B - Amended Recommitted to Ways and Means
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have
STATE OF NEW YORK ________________________________________________________________________ 862 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Aging AN ACT to amend the elder law, in relation to establishing a senior dental services grant program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The elder law is amended by adding a new section 215-c to read as follows: S 215-C. SENIOR DENTAL SERVICES GRANT PROGRAM. 1. AS USED IN THIS SECTION: (A) "DENTAL SERVICES" SHALL INCLUDE, BUT NOT BE LIMITED TO, DIAGNOSES, TESTS, STUDIES, TREATMENT OR ANALYSES UNDER THE CARE AND SUPERVISION OF A LICENSED DENTIST WHO IS AUTHORIZED TO PRACTICE IN THIS STATE. THESE SERVICES MAY ALSO INCLUDE, BUT NOT BE LIMITED TO, CLIENT ASSESSMENT, INFORMATION AND REFERRALS. (B) "ELDERLY" SHALL MEAN AN INDIVIDUAL SIXTY-FIVE YEARS OF AGE OR OLDER. (C) "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE FOR THE AGING. (D) "COVERAGE PERIOD" SHALL MEAN TWENTY-FOUR CONSECUTIVE CALENDAR MONTHS FOR WHICH AN ELIGIBLE PROGRAM PARTICIPANT HAS MET THE ELIGIBILITY REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION. 2. THE DIRECTOR IS HEREBY AUTHORIZED AND DIRECTED, SUBJECT TO THE AVAILABILITY OF APPROPRIATIONS, TO ESTABLISH A GRANT PROGRAM FOR DENTAL SERVICES TO ELIGIBLE ELDERLY PERSONS WHO ARE IN NEED OF SUCH SERVICES. 3. PERSONS ELIGIBLE FOR THE GRANT PROGRAM UNDER THIS SECTION SHALL INCLUDE: (A) ELDERLY UNMARRIED RESIDENTS WHOSE INCOME FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THE COVERAGE PERIOD IS LESS THAN OR EQUAL TO TWENTY THOUSAND DOLLARS AND WHO HAVE NO DENTAL INSUR- ANCE; ANDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00608-01-3 S. 862 2
(B) ELDERLY MARRIED RESIDENTS WHOSE COMBINED SPOUSAL INCOME FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THE COVERAGE PERIOD IS LESS THAN OR EQUAL TO TWENTY-SIX THOUSAND DOLLARS AND WHO HAVE NO DENTAL INSURANCE. 4. THE DIRECTOR SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION WHICH SHALL INCLUDE BUT NOT BE LIMITED TO: (A) A PROCESS OF DETERMINING AND RE-DETERMINING ELIGIBILITY AT THE END OF EACH COVERAGE PERIOD FOR RECEIVING SERVICES UNDER THIS GRANT PROGRAM INCLUDING PROVISIONS FOR SUBMISSION OF PROOF OF INCOME, AGE, AND RESI- DENCY AND INFORMATION ON EXISTING COMPLETE OR PARTIAL COVERAGE OF DENTAL EXPENSES UNDER A THIRD PARTY ASSISTANCE OR INSURANCE PLAN; (B) SELECTION OF UP TO SIX GRANT RECIPIENTS THROUGH A REQUEST FOR PROPOSAL PROCESS INCLUDING DUE CONSIDERATION TO GEOGRAPHIC DISTRIBUTION AND EXISTING NEED FOR DENTAL SERVICES FOR ELDERLY INDIVIDUALS THROUGHOUT THE STATE WITH PRIORITY GIVEN TO ACCREDITED EDUCATIONAL PROGRAMS OR EXISTING DENTAL CLINICS SERVING THE LOW INCOME ELDERLY; AND (C) THE ADMINISTRATION OF SUCH GRANTS, WHICH SHALL BE USED FOR THE DIRECT PROVISION OF DENTAL CARE AND SERVICES TO THE ELDERLY INCLUDING, BUT NOT LIMITED TO, DENTAL SERVICES, EQUIPMENT PURCHASES, AND TRAVEL EXPENSES. 5. ADDITIONALLY, THE DIRECTOR SHALL SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, PRIOR TO, BUT IN NO EVENT LATER THAN, DECEMBER THIRTY-FIRST, IN THE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) FINANCIAL REPORTS OF THE GRANT PROGRAM OPERATIONS ESTABLISHED PURSUANT TO THIS SECTION; (B) AN ANALYSIS OF THE GRANT PROGRAM'S ABILITY TO PROVIDE SUCH DENTAL SERVICES TO ELIGIBLE ELDERLY PERSONS; (C) RECOMMENDATIONS ON THE CONTINUATION OF SUCH GRANTS AND THE NEED FOR PROGRAM EXPANSION, IF APPROPRIATE; (D) PROFILES OF THE GRANT RECIPIENTS; AND (E) OTHER INFORMATION DEEMED NECESSARY BY THE DIRECTOR. 6. (A) NO APPLICANT FOR A GRANT PROVIDED FOR UNDER THIS SECTION SHALL KNOWINGLY (I) MAKE A FALSE STATEMENT OR REPRESENTATION CONCERNING A MATERIAL FACT, (II) SUBMIT FALSE INFORMATION CONCERNING A MATERIAL FACT, OR (III) CONCEAL A MATERIAL FACT, ON AN APPLICATION TO OBTAIN A GRANT PROVIDED FOR UNDER THIS SECTION. (B) ANY APPLICANT WHO IS FOUND BY THE DIRECTOR, AFTER NOTICE AND A HEARING, TO HAVE RECEIVED A GRANT PROVIDED FOR UNDER THIS SECTION BASED UPON AN APPLICATION WHICH VIOLATED PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS. S 2. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.