Bill Text: NY A00255 | 2011-2012 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Moderate Partisan Bill (Democrat 34-11)
Status: (Introduced - Dead) 2012-01-06 - enacting clause stricken [A00255 Detail]
Download: New_York-2011-A00255-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 255 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. DINOWITZ, J. MILLER, JACOBS, PAULIN, BENEDETTO, LANCMAN, KELLNER, ABBATE, BROOK-KRASNY, PHEFFER, JAFFEE, MAYERSOHN, MILLMAN, ROBINSON, COLTON, V. LOPEZ, ORTIZ, CLARK, ROSENTHAL, BARRON -- Multi-Sponsored by -- M. of A. BRENNAN, BURLING, CALHOUN, DUPREY, FINCH, GALEF, GLICK, GOTTFRIED, GUNTHER, MAGEE, MAISEL, McDONOUGH, McENENY, McKEVITT, RAIA, REILLY, SAYWARD, SCARBOROUGH, SCHROEDER, SPANO, SWEENEY, TITONE, WEISENBERG, WRIGHT -- read once and referred 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: 1 Section 1. The elder law is amended by adding a new section 215-c to 2 read as follows: 3 S 215-C. SENIOR DENTAL SERVICES GRANT PROGRAM. 1. AS USED IN THIS 4 SECTION: 5 (A) "DENTAL SERVICES" SHALL INCLUDE, BUT NOT BE LIMITED TO, DIAGNOSES, 6 TESTS, STUDIES, TREATMENT OR ANALYSES UNDER THE CARE AND SUPERVISION OF 7 A LICENSED DENTIST WHO IS AUTHORIZED TO PRACTICE IN THIS STATE. THESE 8 SERVICES MAY ALSO INCLUDE, BUT NOT BE LIMITED TO, CLIENT ASSESSMENT, 9 INFORMATION AND REFERRALS. 10 (B) "ELDERLY" SHALL MEAN AN INDIVIDUAL SIXTY-FIVE YEARS OF AGE OR 11 OLDER. 12 (C) "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE FOR THE AGING. 13 (D) "COVERAGE PERIOD" SHALL MEAN TWENTY-FOUR CONSECUTIVE CALENDAR 14 MONTHS FOR WHICH AN ELIGIBLE PROGRAM PARTICIPANT HAS MET THE ELIGIBILITY 15 REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION. 16 2. THE DIRECTOR IS HEREBY AUTHORIZED AND DIRECTED, SUBJECT TO THE 17 AVAILABILITY OF APPROPRIATIONS, TO ESTABLISH A GRANT PROGRAM FOR DENTAL 18 SERVICES TO ELIGIBLE ELDERLY PERSONS WHO ARE IN NEED OF SUCH SERVICES. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01870-01-1 A. 255 2 1 3. PERSONS ELIGIBLE FOR THE GRANT PROGRAM UNDER THIS SECTION SHALL 2 INCLUDE: 3 (A) ELDERLY UNMARRIED RESIDENTS WHOSE INCOME FOR THE CALENDAR YEAR 4 IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THE COVERAGE PERIOD IS LESS 5 THAN OR EQUAL TO TWENTY THOUSAND DOLLARS AND WHO HAVE NO DENTAL INSUR- 6 ANCE; AND 7 (B) ELDERLY MARRIED RESIDENTS WHOSE COMBINED SPOUSAL INCOME FOR THE 8 CALENDAR YEAR IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THE COVERAGE 9 PERIOD IS LESS THAN OR EQUAL TO TWENTY-SIX THOUSAND DOLLARS AND WHO HAVE 10 NO DENTAL INSURANCE. 11 4. THE DIRECTOR SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY 12 TO CARRY OUT THE PROVISIONS OF THIS SECTION WHICH SHALL INCLUDE BUT NOT 13 BE LIMITED TO: 14 (A) A PROCESS OF DETERMINING AND RE-DETERMINING ELIGIBILITY AT THE END 15 OF EACH COVERAGE PERIOD FOR RECEIVING SERVICES UNDER THIS GRANT PROGRAM 16 INCLUDING PROVISIONS FOR SUBMISSION OF PROOF OF INCOME, AGE, AND RESI- 17 DENCY AND INFORMATION ON EXISTING COMPLETE OR PARTIAL COVERAGE OF DENTAL 18 EXPENSES UNDER A THIRD PARTY ASSISTANCE OR INSURANCE PLAN; 19 (B) SELECTION OF UP TO SIX GRANT RECIPIENTS THROUGH A REQUEST FOR 20 PROPOSAL PROCESS INCLUDING DUE CONSIDERATION TO GEOGRAPHIC DISTRIBUTION 21 AND EXISTING NEED FOR DENTAL SERVICES FOR ELDERLY INDIVIDUALS THROUGHOUT 22 THE STATE WITH PRIORITY GIVEN TO ACCREDITED EDUCATIONAL PROGRAMS OR 23 EXISTING DENTAL CLINICS SERVING THE LOW INCOME ELDERLY; AND 24 (C) THE ADMINISTRATION OF SUCH GRANTS, WHICH SHALL BE USED FOR THE 25 DIRECT PROVISION OF DENTAL CARE AND SERVICES TO THE ELDERLY INCLUDING, 26 BUT NOT LIMITED TO, DENTAL SERVICES, EQUIPMENT PURCHASES, AND TRAVEL 27 EXPENSES. 28 5. ADDITIONALLY, THE DIRECTOR SHALL SUBMIT A REPORT TO THE GOVERNOR, 29 THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, 30 PRIOR TO, BUT IN NO EVENT LATER THAN, DECEMBER THIRTY-FIRST, IN THE YEAR 31 FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER, 32 WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO: 33 (A) FINANCIAL REPORTS OF THE GRANT PROGRAM OPERATIONS ESTABLISHED 34 PURSUANT TO THIS SECTION; 35 (B) AN ANALYSIS OF THE GRANT PROGRAM'S ABILITY TO PROVIDE SUCH DENTAL 36 SERVICES TO ELIGIBLE ELDERLY PERSONS; 37 (C) RECOMMENDATIONS ON THE CONTINUATION OF SUCH GRANTS AND THE NEED 38 FOR PROGRAM EXPANSION, IF APPROPRIATE; 39 (D) PROFILES OF THE GRANT RECIPIENTS; AND 40 (E) OTHER INFORMATION DEEMED NECESSARY BY THE DIRECTOR. 41 6. (A) NO APPLICANT FOR A GRANT PROVIDED FOR UNDER THIS SECTION SHALL 42 KNOWINGLY (I) MAKE A FALSE STATEMENT OR REPRESENTATION CONCERNING A 43 MATERIAL FACT, (II) SUBMIT FALSE INFORMATION CONCERNING A MATERIAL FACT, 44 OR (III) CONCEAL A MATERIAL FACT, ON AN APPLICATION TO OBTAIN A GRANT 45 PROVIDED FOR UNDER THIS SECTION. 46 (B) ANY APPLICANT WHO IS FOUND BY THE DIRECTOR, AFTER NOTICE AND A 47 HEARING, TO HAVE RECEIVED A GRANT PROVIDED FOR UNDER THIS SECTION BASED 48 UPON AN APPLICATION WHICH VIOLATED PARAGRAPH (A) OF THIS SUBDIVISION 49 SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY 50 DOLLARS. 51 S 2. This act shall take effect on the ninetieth day after it shall 52 have become a law; provided, however, that effective immediately, the 53 addition, amendment and/or repeal of any rule or regulation necessary 54 for the implementation of this act on its effective date are authorized 55 and directed to be made and completed on or before such effective date.