Bill Text: NY S06498 | 2015-2016 | General Assembly | Introduced

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Bill Title: Creates the traumatic brain injury trust fund; sets out specific criteria for a qualified individual and sets a $3,000 per year and $100,000 lifetime cap for each individual.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2016-01-21 - REFERRED TO FINANCE [S06498 Detail]

Download: New_York-2015-S06498-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6498
                    IN SENATE
                                    January 21, 2016
                                       ___________
        Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
        AN ACT to amend the state finance law and  the  public  health  law,  in
          relation to the creation of the traumatic brain injury trust fund
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The state finance law is amended by adding  a  new  section
     2  99-y to read as follows:
     3    §  99-y.  Traumatic brain injury trust fund. 1. There is hereby estab-
     4  lished in the joint custody of the state comptroller and the commission-
     5  er of taxation and finance a fund to be known  as  the  traumatic  brain
     6  injury trust fund.
     7    2.  Such fund shall consist of all moneys appropriated for the purpose
     8  of such fund and all moneys transferred to such fund  pursuant  to  law.
     9  Any  interest  earned  by the investment of moneys in such fund shall be
    10  added to such fund, become a part of such fund,  and  be  used  for  the
    11  purpose of such fund.
    12    3.  Monies of the fund shall be expended only to qualified individuals
    13  not eligible for Medicaid funded, or otherwise insurance covered,  trau-
    14  matic  brain injury programs and services. Such fund shall be a payer of
    15  last resort for all applicable supports and services. A qualified  indi-
    16  vidual must:
    17    (a)  provide  medical  documentation  of  a traumatic brain injury, as
    18  defined by section two thousand seven hundred forty-one  of  the  public
    19  health law;
    20    (b)  be a New York resident for at least ninety consecutive days prior
    21  to application date; and
    22    (c) have less than one hundred thousand dollars in liquid assets.
    23    4. Monies shall be payable from the fund on the audit and  warrant  of
    24  the  comptroller  on vouchers approved and certified by the commissioner
    25  of health. Annually, payments from the fund shall  be  capped  at  three
    26  thousand  dollars  per  individual,  with  a lifetime cap of one hundred
    27  thousand dollars per individual.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08688-03-6