Directs the department of health to post, on its internet website, the state's medical assistance plan and all amendments thereto; provides that no provision of such plan shall take effect until it is posted on the internet website.
Ayes (53): Addabbo, Alesi, Avella, Ball, Bonacic, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Serrano, Seward, Skelos, Smith, Stewart-Cousin, Valesky, Young, Zeldin
Nays (4): Breslin, Huntley, Krueger, Squadron
Absent (3): Adams, Parker, Stavisky
Excused (2): Duane, Savino
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
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.
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. º 1396(añ. 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 dollarsÀ 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 :
LOCAL FISCAL IMPLICATIONS :
EFFECTIVE DATE : This act shall take effect on the sixtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 961 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (u) and (v) of subdivision 1 of section 201 of the public health law, paragraph (u) as added by chapter 939 of the laws of 1976 and paragraph (v) as added by chapter 474 of the laws of 1996, are amended and a new paragraph (w) is added to read as follows: (u) engage in research into the causes of rocky mountain spotted fever and the prevention thereof and develop programs for the control of ticks, insects and anthropods which act as vectors of disease affecting man, within funds made available for such purposes
[.]; (v) act as the single state agency for medical assistance pursuant to section three hundred sixty-three-a of the social services law, [as amended by this chapter,]with responsibility to supervise the plan for medical assistance as required by title XIX of the federal Social Secu- rity act, or its successor, and to adopt regulations as may be necessary to implement this plan [.]; AND (W) POST, FOR PUBLIC ACCESS, ON THE DEPARTMENT'S INTERNET WEBSITE THE ENTIRETY OF THE STATE'S PLAN FOR MEDICAL ASSISTANCE AS REQUIRED BY TITLE XIX OF THE FEDERAL SOCIAL SECURITY ACT, OR ITS SUCCESSOR, AND ANY AND ALL AMENDMENTS AND CHANGES TO SUCH PLAN. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO PROVISION OF THE STATE'S PLAN FOR MEDICAL ASSISTANCE SHALL TAKE EFFECT UNLESS AND UNTIL THAT PROVISION SHALL HAVE BEEN SO POSTED. S 2. This act shall take effect on the sixtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04957-01-1