Bill Text: NY A05244 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the public health law, in relation to establishing the state multi-agency council on access to durable medical equipment for the disabled
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2010-01-06 - referred to health [A05244 Detail]
Download: New_York-2009-A05244-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5244
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
___________
Introduced by M. of A. MENG, COLTON -- Multi-Sponsored by -- M. of A.
PHEFFER -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to establishing the
state multi-agency council on access to durable medical equipment for
the disabled
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public health law is amended by adding a new article
2 27-M to read as follows:
3 ARTICLE 27-M
4 STATE MULTI-AGENCY COUNCIL ON ACCESS TO DURABLE MEDICAL
5 EQUIPMENT FOR THE DISABLED
6 SECTION 2799-U. DEFINITIONS.
7 2799-V. FUNCTIONS, DUTIES AND POWERS OF THE STATE MULTI-AGENCY
8 COUNCIL ON ACCESS TO DURABLE MEDICAL EQUIPMENT FOR THE
9 DISABLED.
10 S 2799-U. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
11 1. "ELIGIBLE PERSON" MEANS:
12 A. A PERSON WHO IS ELIGIBLE FOR MEDICAL ASSISTANCE IN ACCORDANCE WITH
13 TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW; AND
14 B. A DEVELOPMENTALLY DISABLED PERSON WHO IS ELIGIBLE FOR MEDICAL
15 ASSISTANCE IN ACCORDANCE WITH TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL
16 SERVICES LAW AND WHO IS ALSO A BENEFICIARY UNDER SUBCHAPTER XVIII OF
17 CHAPTER 7 OF TITLE 42 OF THE UNITED STATES CODE.
18 2. "DURABLE MEDICAL EQUIPMENT" MEANS WHEELED MOBILITY DEVICES, WHEEL-
19 CHAIR ACCESSORIES, AUGMENTATIVE COMMUNICATION AND SPEECH GENERATING
20 DEVICES AND ACCESSORIES, AND ANY OTHER EQUIPMENT OR ACCESSORIES THAT ARE
21 NECESSARY FOR THE PERFORMANCE OF ESSENTIAL DAILY ACTIVITIES INCLUDING,
22 BUT NOT LIMITED TO, MOBILITY, COMMUNICATION, BATHING AND EATING.
23 3. "COUNCIL" MEANS THE STATE MULTI-AGENCY COUNCIL ON ACCESS TO DURABLE
24 MEDICAL EQUIPMENT FOR THE DISABLED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00613-01-9
A. 5244 2
1 S 2799-V. FUNCTIONS, DUTIES AND POWERS OF THE STATE MULTI-AGENCY COUN-
2 CIL ON ACCESS TO DURABLE MEDICAL EQUIPMENT FOR THE DISABLED. 1. THERE IS
3 HEREBY CREATED, IN THE DEPARTMENT, THE STATE MULTI-AGENCY COUNCIL ON
4 ACCESS TO DURABLE MEDICAL EQUIPMENT FOR THE DISABLED FOR THE PURPOSES OF
5 ENSURING TIMELY ACCESS TO DURABLE MEDICAL EQUIPMENT BY INDIVIDUALS WHO
6 REQUIRE THE ASSISTANCE OF SUCH EQUIPMENT TO ENGAGE IN ESSENTIAL ACTIV-
7 ITIES OF DAILY LIVING. THE COUNCIL SHALL CONSIST OF THE FOLLOWING
8 PERSONS OR THEIR DESIGNEE: THE COMMISSIONER, THE COMMISSIONER OF MENTAL
9 HEALTH AND THE COMMISSIONER OF MENTAL RETARDATION AND DEVELOPMENTAL
10 DISABILITIES. IN ADDITION, THE COUNCIL SHALL CONSIST OF TWELVE RESIDENTS
11 OF THE STATE, OF WHOM TWO SHALL BE APPOINTED BY THE GOVERNOR, FIVE SHALL
12 BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND FIVE SHALL BE
13 APPOINTED BY THE SPEAKER OF THE ASSEMBLY. OF THESE TWELVE RESIDENTS OF
14 THE STATE, SIX SHALL BE PERSONS WHO ARE DEVELOPMENTALLY DISABLED, AND
15 SIX SHALL BE PERSONS WITH DEMONSTRATED EXPERTISE AND INTEREST IN THE
16 NEEDS OF PERSONS WHO ARE DEVELOPMENTALLY DISABLED. SUCH APPOINTMENTS
17 SHALL BE MADE IN CONSULTATION WITH ORGANIZATIONS REPRESENTING PERSONS
18 WHO ARE DEVELOPMENTALLY DISABLED. OF THE TWELVE PERSONS INITIALLY
19 APPOINTED BY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
20 SPEAKER OF THE ASSEMBLY, FOUR SHALL SERVE FOR A TERM OF ONE YEAR, FOUR
21 SHALL SERVE FOR A TERM OF TWO YEARS AND FOUR SHALL SERVE FOR A TERM OF
22 THREE YEARS. SUBSEQUENT APPOINTMENTS UPON THE EXPIRATION OF THE INITIAL
23 TERM SHALL BE FOR A TERM OF THREE YEARS AND SHALL BE FILLED IN THE SAME
24 MANNER AS THE ORIGINAL APPOINTMENT.
25 2. THE MEMBERS OF THE COUNCIL WHO ARE NOT COMMISSIONERS SHALL RECEIVE
26 NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL
27 AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
28 3. THE COUNCIL IS CHARGED WITH MAKING RECOMMENDATIONS TO INCREASE
29 TIMELY ACCESS TO DURABLE MEDICAL EQUIPMENT BY ELIGIBLE PERSONS. SUCH
30 RECOMMENDATIONS SHALL INCLUDE:
31 A. ESTABLISHMENT OF WRITTEN GUIDELINES REGARDING THE DOCUMENTATION
32 REQUIRED FOR THE PRIOR APPROVAL BY THE DEPARTMENT OF DURABLE MEDICAL
33 EQUIPMENT FOR ELIGIBLE PERSONS. SUCH GUIDELINES SHALL INCLUDE A CHECK-
34 LIST OF THE DOCUMENTATION REQUIRED, AND A TIMEFRAME WITHIN WHICH THE
35 DEPARTMENT MUST MAKE A FINAL DETERMINATION THEREON AND PROVIDE NOTICE OF
36 SUCH FINAL DETERMINATION TO AN ELIGIBLE PERSON WHO HAS PROVIDED THE
37 REQUIRED DOCUMENTATION ON THE CHECKLIST.
38 B. ESTABLISHMENT OF A WRITTEN PROCESS TO EXPEDITE THE REVIEW AND FINAL
39 DETERMINATION OF ANY REQUEST FOR DURABLE MEDICAL EQUIPMENT MADE BY AN
40 ELIGIBLE PERSON ON OR AFTER NOVEMBER FIRST, TWO THOUSAND NINE.
41 C. ESTABLISHMENT OF A WRITTEN PROCESS AND PAYMENT SCHEDULE WHEREBY AN
42 ELIGIBLE PERSON, AS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF SECTION
43 TWENTY-SEVEN HUNDRED NINETY-NINE-U OF THIS ARTICLE, IS ASSURED ACCESS TO
44 THE SAME DURABLE MEDICAL EQUIPMENT AS AN ELIGIBLE PERSON AS DEFINED IN
45 PARAGRAPH A OF SUBDIVISION ONE OF SECTION TWENTY-SEVEN HUNDRED
46 NINETY-NINE-U OF THIS ARTICLE.
47 D. ANY OTHER RECOMMENDATIONS THAT WILL ENSURE THE TIMELY ACCESS TO
48 DURABLE MEDICAL EQUIPMENT BY ELIGIBLE PERSONS.
49 4. THE COUNCIL SHALL PROVIDE ITS WRITTEN RECOMMENDATIONS REQUIRED BY
50 THIS SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND
51 THE SPEAKER OF THE ASSEMBLY NO LATER THAN THE ONE HUNDRED EIGHTIETH DAY
52 AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
53 S 2. This act shall take effect immediately.
