S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6451

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 1, 2013
                               ___________

Introduced by M. of A. MORELLE, GOTTFRIED, GUNTHER, SCHIMMINGER, ZEBROW-
  SKI,  MAGNARELLI,  GALEF,  JAFFEE  --  Multi-Sponsored  by -- M. of A.
  BROOK-KRASNY, COOK, GABRYSZAK, HIKIND, KELLNER, MAISEL, RIVERA,  SWEE-
  NEY, WEISENBERG -- read once and referred to the Committee on Health

AN  ACT  to  amend  the  social  services  law and the insurance law, in
  relation to directing the department of health to submit an  amendment
  to  the  plan  for medical assistance; and to direct the department of
  insurance to adopt any necessary conforming amendments to  regulations
  or other rules

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 367-f of the social  services  law  is  amended  by
adding a new subdivision 4 to read as follows:
  4.  THE  DEPARTMENT  OF  HEALTH  IS  HEREBY AUTHORIZED AND DIRECTED TO
SUBMIT TO THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES A  REQUEST
FOR  THE  AMENDMENT  OF  THE PLAN FOR MEDICAL ASSISTANCE, WHICH IS MAIN-
TAINED IN ACCORDANCE WITH TITLE XIX, OR  ANY  SUCCESSOR  TITLE,  OF  THE
FEDERAL  SOCIAL SECURITY ACT, TO ADOPT ANY AND ALL STANDARDS THAT MAY BE
DEVELOPED BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES  PURSU-
ANT TO SECTION 6021(B) OF THE FEDERAL DEFICIT REDUCTION ACT OF 2005, FOR
UNIFORM  RECIPROCAL  RECOGNITION  OF  LONG-TERM  CARE INSURANCE POLICIES
PURCHASED UNDER STATE  LONG-TERM  CARE  INSURANCE  PARTNERSHIPS.    SUCH
REQUEST  SHALL  BE  MADE  WITHIN  SIX MONTHS OF THE PROMULGATION OF SUCH
STANDARDS BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN  SERVICES,  AND,
EXCEPT  AS  REQUIRED BY SUCH STANDARDS, SUCH UNIFORM RECIPROCAL RECOGNI-
TION OF LONG-TERM CARE INSURANCE POLICIES SHALL APPLY WITHOUT REGARD  TO
WHEN A POLICY IS ISSUED.
  S  2.  Section  3229  of  the insurance law is amended by adding a new
subsection (c) to read as follows:
  (C) THE SUPERINTENDENT SHALL ADOPT SUCH RULES OR REGULATIONS, OR AMEND
SUCH RULES AND REGULATIONS, AS  MAY  BE  NECESSARY  TO  CONFORM  TO  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09746-01-3
              

A. 6451                             2

REQUIREMENTS  OF ANY AMENDMENT TO THE PLAN FOR MEDICAL ASSISTANCE, WHICH
IS MAINTAINED IN ACCORDANCE WITH TITLE XIX, OR ANY SUCCESSOR  TITLE,  OF
THE  FEDERAL  SOCIAL  SECURITY ACT, MADE PURSUANT TO SUBDIVISION FOUR OF
SECTION THREE HUNDRED SIXTY-SEVEN-F OF THE SOCIAL SERVICES LAW.
  S 3. This act shall take effect immediately.