Bill Text: NY A01021 | 2025-2026 | General Assembly | Introduced

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Bill Title: Establishes when services for traumatic brain injuries granted pursuant to a waiver shall begin.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2025-02-14 - signed chap.41 [A01021 Detail]

Download: New_York-2025-A01021-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1021

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Health

        AN  ACT  to  amend the social services law, in relation to when services
          for traumatic brain injuries granted  pursuant  to  a  waiver  by  the
          federal social security act shall begin

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (d-2) of subdivision 3 of section  364-j  of  the
     2  social  services law, as amended by a chapter of the laws of 2024 amend-
     3  ing the social services law relating to the  provision  of  services  to
     4  certain  persons  suffering  from traumatic brain injuries or qualifying
     5  for nursing home diversion  and  transition  services,  as  proposed  in
     6  legislative  bills  numbers  S.  2867 and A. 7369, is amended to read as
     7  follows:
     8    (d-2) Services provided pursuant to [waivers] a waiver, granted pursu-
     9  ant to subsection (c) of section 1915 of  the  federal  social  security
    10  act,  to  persons suffering from traumatic brain injuries [or qualifying
    11  for nursing home  diversion  and  transition  services],  shall  not  be
    12  provided  to medical assistance recipients through managed care programs
    13  established pursuant to this section[;]. Services provided pursuant to a
    14  waiver, [further that the commissioner of health is hereby  directed  to
    15  take  any  action  required, including but not limited to filing waivers
    16  and waiver extensions as  necessary  with  the  federal  government,  to
    17  continue  the provision of such services] granted pursuant to subsection
    18  (c) of section 1915 of the federal social security act, to persons qual-
    19  ifying for nursing home diversion and transition services, shall not  be
    20  provided  to medical assistance recipients through managed care programs
    21  until at least January first, two thousand twenty-seven.
    22    § 2. This act shall take effect on the  same  date  and  in  the  same
    23  manner as a chapter of the laws of 2024 amending the social services law

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02849-01-5
        A. 1021                             2

     1  relating  to the provision of services to certain persons suffering from
     2  traumatic brain injuries or qualifying for nursing  home  diversion  and
     3  transition  services,  as  proposed in legislative bills numbers S. 2867
     4  and A. 7369, takes effect.