STATE OF NEW YORK
        ________________________________________________________________________

                                          2867

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 25, 2023
                                       ___________

        Introduced  by Sens. RIVERA, HARCKHAM, HINCHEY -- read twice and ordered
          printed, and when printed to be committed to the Committee on Health

        AN ACT to amend the social services law, in relation to the provision of
          services to certain persons suffering from traumatic brain injuries or
          qualifying for nursing home diversion and transition services

          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 section 1 of part II of chapter 57 of
     3  the laws of 2021, is amended to read as follows:
     4    (d-2) Services provided  pursuant  to  waivers,  granted  pursuant  to
     5  subsection  (c)  of  section 1915 of the federal social security act, to
     6  persons suffering from traumatic brain injuries or qualifying for  nurs-
     7  ing  home  diversion  and  transition services, shall not be provided to
     8  medical assistance recipients through managed care  programs  [until  at
     9  least  January  first,  two thousand twenty-six] established pursuant to
    10  this section; provided, further that the commissioner of health is here-
    11  by directed to take any action required, including but  not  limited  to
    12  filing  waivers  and  waiver  extensions  as  necessary with the federal
    13  government, to continue the provision of such services.
    14    § 2. This act shall take effect immediately, provided that the  amend-
    15  ments  to  section 364-j of the social services law, made by section one
    16  of this act, shall not affect the repeal of such section, and  shall  be
    17  deemed repealed therewith.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01800-01-3