Bill Text: NY S01103 | 2009-2010 | General Assembly | Amended

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Bill Title: Provides for persons whose eligibility for medical assistance is terminated to receive thirty days written notice in advance of the effective date of such termination and consideration of re-application for medical assistance within thirty days of submission of re-application.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Vetoed) 2010-10-01 - VETOED MEMO.6820 [S01103 Detail]

Download: New_York-2009-S01103-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1103--A
           Cal. No. 1098
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 26, 2009
                                      ___________
       Introduced  by  Sens. DILAN, ADAMS, BRESLIN, DIAZ, DUANE, HASSELL-THOMP-
         SON, HUNTLEY, KRUEGER, MONTGOMERY, ONORATO, PARKER,  SAMPSON,  SAVINO,
         SCHNEIDERMAN, SERRANO, STAVISKY -- read twice and ordered printed, and
         when  printed  to  be committed to the Committee on Social Services --
         recommitted to the Committee on Social  Services  in  accordance  with
         Senate  Rule 6, sec. 8 -- committee discharged and said bill committed
         to the Committee on Health  --  committee  discharged  and  said  bill
         committed  to  the  Committee  on Rules -- ordered to a third reading,
         amended and ordered reprinted, retaining its place  in  the  order  of
         third reading
       AN ACT to amend the social services law, in relation to notice and expe-
         dited re-application in cases of the termination of medical assistance
         eligibility
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 8 of section 22 of the social services law,  as
    2  added by chapter 473 of the laws of 1978, is amended to read as follows:
    3    8.  The department shall promulgate such regulations, not inconsistent
    4  with federal or  state  law,  as  may  be  necessary  to  implement  the
    5  provisions  of  this section. Such regulations shall require that a copy
    6  of all decisions made concerning appeals pursuant to this section  shall
    7  be sent to each party to such appeals and their representatives, if any.
    8  SUCH  REGULATIONS  SHALL ALSO REQUIRE THAT PERSONS WHOSE ELIGIBILITY FOR
    9  MEDICAL ASSISTANCE IS TERMINATED BE NOTIFIED IN WRITING OF THE EFFECTIVE
   10  DATE OF SUCH TERMINATION AND BE PROVIDED WITH INFORMATION ON THEIR RIGHT
   11  TO AN APPEAL AND HOW TO UNDERTAKE SUCH  PROCESS.  THE  INDIVIDUAL  SHALL
   12  HAVE  AT  LEAST  THIRTY DAYS TO NOTIFY THE DEPARTMENT OF THEIR INTENT TO
   13  APPEAL THE DETERMINATION BEFORE ENROLLMENT IS TERMINATED; PROVIDED  THAT
   14  IN AN INSTANCE WHERE A PERSON HAS BEEN FOUND GUILTY OF FRAUD, SUCH THIR-
   15  TY DAY TIME PERIOD SHALL NOT APPLY.
   16    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05014-03-0