S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2779
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by  M.  of  A. SCHIMMINGER -- Multi-Sponsored by -- M. of A.
   THIELE -- read once and referred to the Committee on Social Services
 
 AN ACT to amend the social services law, in relation to  allowing  local
   social  services  districts  discretion  to  provide  certain medicaid
   services and to cover certain categories of eligibility

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  365-a  of  the social services law is amended by
 adding a new subdivision 10 to read as follows:
   10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION  OR  OF
 ANY  OTHER  PROVISION  OF  THIS  CHAPTER OR OTHER LAW, EACH LOCAL SOCIAL
 SERVICES DISTRICT IS HEREBY  AUTHORIZED  TO  DETERMINE  WHICH,  IF  ANY,
 SERVICES  IT  CHOOSES  TO  PROVIDE TO ELIGIBLE PERSONS OF THOSE SERVICES
 OTHERWISE REQUIRED TO BE  PROVIDED  BY  APPLICABLE  STATE  LAW  BUT  NOT
 REQUIRED TO BE PROVIDED BY FEDERAL LAW.
   § 2. Section 366 of the social services law is amended by adding a new
 subdivision 10 to read as follows:
   10.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF THIS SECTION OR OF
 ANY OTHER PROVISION OF THIS CHAPTER OR  OTHER  LAW,  EACH  LOCAL  SOCIAL
 SERVICES  DISTRICT  IS  HEREBY AUTHORIZED TO DETERMINE TO WHICH, IF ANY,
 CATEGORIES OF ELIGIBILITY  IT  CHOOSES  TO  PROVIDE  MEDICAL  ASSISTANCE
 OTHERWISE  REQUIRED  TO  BE  PROVIDED  BY  APPLICABLE  STATE LAW BUT NOT
 REQUIRED TO BE PROVIDED BY FEDERAL LAW.
   § 3. The commissioner of health:
   1.  is authorized and directed to apply for any and all federal  waiv-
 ers  required  to  implement the provisions of subdivision 10 of section
 365-a and subdivision 10 of section 366 of the social services law;
   2. shall promulgate any and all rules and  regulations  and  take  any
 other measures necessary to implement this act, including but not limit-
 ed  to  developing  a services and eligibility plan and distributing the
 same to local social services districts whereby such districts may  make
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03842-01-9

 A. 2779                             2
 
 such  choices  as  are authorized by subdivision 10 of section 365-a and
 subdivision 10 of section 366 of the social services law,  as  added  by
 sections  one and two, respectively, of this act, and applicable federal
 waivers; and
   3.  shall  specify  dates by which such services and eligibility plans
 must be returned to said commissioner for review and approval to  imple-
 ment  such  plans. A district that does not have an approved plan by the
 deadline set therefor by the commissioner shall provide all services and
 categories of eligibility required under the state plan as in effect  at
 that time.
   § 4. This act shall take effect immediately.