BILL NUMBER:  S961

 TITLE OF BILL :

An act to amend the public health law, in relation to directing the
department of health to post the Medicaid state plan, and any changes
thereto, on such department's internet website


 PURPOSE :

Directs the department of health to post, on its internet website, the
state's medical assistance plan and all amendments thereto.

 SUMMARY OF PROVISIONS :

Section 1. Amends public health law section 201 paragraph (u). Amends
public health law 201 paragraph (v).

Amends public health law section 201 to add paragraph (w) which
requires that the Department of Health post on the department's
website the entirety of the Medicaid State plan and all amendments.
No provision of the state plan shall be effective unless and until
that provision has been posted.

 JUSTIFICATION :
              

The Medicaid State Plan is the officially recognized document that
describes the nature and scope of New York State's Medicaid program.
Pursuant to the Medicaid Statute, the Plan is developed by New York
State and approved by the United States Department of Health and Human
Services (42 U.S.C. § 1396(a¤. The provisions articulated in the State
Plan include method of administration, coverage, eligibility, scope of
care and services, quality control, and payment.

The Medicaid State Plan is amended through a state plan amendment
process and any proposed change must be submitted to the federal
government for approval. Each year, New York State submits amendments
to the federal government when it needs to request changes in how the
program will be implemented.

By federal law, the state's request to seek approval on a proposed
amendment, must be approved, disapproved or additional information
requested. It is during this process when it becomes increasingly
difficult to know how the State Plan has changed.

With New York State's Medicaid reaching beyond $50 billion dollars·
annually, nearly one third of the State's budget, it is critically
important that this document be available. The State Plan represents
the agreement between the State and the Federal government and it
assures the State will conform to the requirements of the Social
Security Act and to the official department of health and human
services issuances.

This bill will enhance transparency in government, provide
accountability, and make the document available for informational
purposes to New York citizens.

 LEGISLATIVE HISTORY :

S.7468 of 2010

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.