Bill Text: NY A09074 | 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 40-8)
Status: (Introduced - Dead) 2012-01-20 - referred to aging [A09074 Detail]
Download: New_York-2011-A09074-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9074 I N A S S E M B L Y January 20, 2012 ___________ Introduced by M. of A. MILLMAN, DINOWITZ, JACOBS, PAULIN, BENEDETTO, LANCMAN, KELLNER, BROOK-KRASNY, CASTRO, CRESPO, GUNTHER, JAFFEE, ROBINSON, COLTON, V. LOPEZ, ORTIZ, CLARK, ROSENTHAL, BARRON -- Multi- Sponsored by -- M. of A. ABBATE, ARROYO, BRENNAN, BURLING, CALHOUN, DUPREY, FINCH, GALEF, GLICK, GOTTFRIED, MAGEE, MAISEL, McDONOUGH, McENENY, McKEVITT, RAIA, REILLY, SAYWARD, SCARBOROUGH, STEVENSON, 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. 19 3. PERSONS ELIGIBLE FOR THE GRANT PROGRAM UNDER THIS SECTION SHALL 20 INCLUDE: 21 (A) ELDERLY UNMARRIED RESIDENTS WHOSE INCOME FOR THE CALENDAR YEAR 22 IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THE COVERAGE PERIOD IS LESS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01870-01-1 A. 9074 2 1 THAN OR EQUAL TO TWENTY THOUSAND DOLLARS AND WHO HAVE NO DENTAL INSUR- 2 ANCE; AND 3 (B) ELDERLY MARRIED RESIDENTS WHOSE COMBINED SPOUSAL INCOME FOR THE 4 CALENDAR YEAR IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THE COVERAGE 5 PERIOD IS LESS THAN OR EQUAL TO TWENTY-SIX THOUSAND DOLLARS AND WHO HAVE 6 NO DENTAL INSURANCE. 7 4. THE DIRECTOR SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY 8 TO CARRY OUT THE PROVISIONS OF THIS SECTION WHICH SHALL INCLUDE BUT NOT 9 BE LIMITED TO: 10 (A) A PROCESS OF DETERMINING AND RE-DETERMINING ELIGIBILITY AT THE END 11 OF EACH COVERAGE PERIOD FOR RECEIVING SERVICES UNDER THIS GRANT PROGRAM 12 INCLUDING PROVISIONS FOR SUBMISSION OF PROOF OF INCOME, AGE, AND RESI- 13 DENCY AND INFORMATION ON EXISTING COMPLETE OR PARTIAL COVERAGE OF DENTAL 14 EXPENSES UNDER A THIRD PARTY ASSISTANCE OR INSURANCE PLAN; 15 (B) SELECTION OF UP TO SIX GRANT RECIPIENTS THROUGH A REQUEST FOR 16 PROPOSAL PROCESS INCLUDING DUE CONSIDERATION TO GEOGRAPHIC DISTRIBUTION 17 AND EXISTING NEED FOR DENTAL SERVICES FOR ELDERLY INDIVIDUALS THROUGHOUT 18 THE STATE WITH PRIORITY GIVEN TO ACCREDITED EDUCATIONAL PROGRAMS OR 19 EXISTING DENTAL CLINICS SERVING THE LOW INCOME ELDERLY; AND 20 (C) THE ADMINISTRATION OF SUCH GRANTS, WHICH SHALL BE USED FOR THE 21 DIRECT PROVISION OF DENTAL CARE AND SERVICES TO THE ELDERLY INCLUDING, 22 BUT NOT LIMITED TO, DENTAL SERVICES, EQUIPMENT PURCHASES, AND TRAVEL 23 EXPENSES. 24 5. ADDITIONALLY, THE DIRECTOR SHALL SUBMIT A REPORT TO THE GOVERNOR, 25 THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, 26 PRIOR TO, BUT IN NO EVENT LATER THAN, DECEMBER THIRTY-FIRST, IN THE YEAR 27 FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER, 28 WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO: 29 (A) FINANCIAL REPORTS OF THE GRANT PROGRAM OPERATIONS ESTABLISHED 30 PURSUANT TO THIS SECTION; 31 (B) AN ANALYSIS OF THE GRANT PROGRAM'S ABILITY TO PROVIDE SUCH DENTAL 32 SERVICES TO ELIGIBLE ELDERLY PERSONS; 33 (C) RECOMMENDATIONS ON THE CONTINUATION OF SUCH GRANTS AND THE NEED 34 FOR PROGRAM EXPANSION, IF APPROPRIATE; 35 (D) PROFILES OF THE GRANT RECIPIENTS; AND 36 (E) OTHER INFORMATION DEEMED NECESSARY BY THE DIRECTOR. 37 6. (A) NO APPLICANT FOR A GRANT PROVIDED FOR UNDER THIS SECTION SHALL 38 KNOWINGLY (I) MAKE A FALSE STATEMENT OR REPRESENTATION CONCERNING A 39 MATERIAL FACT, (II) SUBMIT FALSE INFORMATION CONCERNING A MATERIAL FACT, 40 OR (III) CONCEAL A MATERIAL FACT, ON AN APPLICATION TO OBTAIN A GRANT 41 PROVIDED FOR UNDER THIS SECTION. 42 (B) ANY APPLICANT WHO IS FOUND BY THE DIRECTOR, AFTER NOTICE AND A 43 HEARING, TO HAVE RECEIVED A GRANT PROVIDED FOR UNDER THIS SECTION BASED 44 UPON AN APPLICATION WHICH VIOLATED PARAGRAPH (A) OF THIS SUBDIVISION 45 SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY 46 DOLLARS. 47 S 2. This act shall take effect on the ninetieth day after it shall 48 have become a law; provided, however, that effective immediately, the 49 addition, amendment and/or repeal of any rule or regulation necessary 50 for the implementation of this act on its effective date are authorized 51 and directed to be made and completed on or before such effective date.