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.
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