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S1103Senate2009-2010 SessionSame asA5948

Provides for persons whose eligibility for medical assistance is terminated to receive written notice in advance and speedy consideration of re-application

Sponsor Martin Malavé DilanSD-17+15 co-sponsorsAffects Finance
Status
Vetoed
Impact
Pending
Outcome
Vetoed

Bill progress

Vetoed

What's happening

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History

  1. Vetoed memo.6820
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.89
  6. Substituted for A5948A
  7. Referred to ways and means
  8. Delivered to assembly
  9. Passed senateVote 42–19
  10. Amended on third reading 1103a
  11. Ordered to third reading cal.1098
  12. Committee discharged and committed to rules
Show 4 earlier actions
  1. Reported and committed to health
  2. Referred to social services
  3. Reported and committed to health
  4. Referred to social services

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5948Assembly

Provides for persons whose eligibility for medical assistance is terminated to receive written notice in advance and speedy consideration of re-application

Assembly Floor Calendar · Sponsor Adriano Espaillat

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S1103A

Title of bill

An act to amend the social services law, in relation to notice and expedited re-application in cases of the termination of medical assistance eligibility

Purpose

To require the Office of Administrative Hearings (OAH) and the Office of Temporary and Disability Assistance (OTDA) to provide to an individual whose medical assistance has been terminated, notice of effective coverage end date. The bill also provides 30 days for an individual to notify OTDA of intent to appeal the determination before enrollment is terminated.

Summary of provisions

Section 1 amends subdivision 8 of section 22 of the social services law, to require that for all persons whose eligibility for medical assistance has been terminated to be notified in writing of the effective date of end of coverage. Such individuals will also be provided with information on their right to an appeal and how to undertake such process. An individual will have at least 30 days to notify OTDA of his/her intent to appeal the determination before enrollment is terminated. If the individual has been found guilty of fraud, the 30-day time period does not apply.

Section 2 provides for an immediate effective date.

Existing law

Currently, OTDA and OAH require individuals to attend a scheduled hearing about the termination of their Medicaid coverage. If the individual misses the appointment for any reason, the missed hearing could result in a default hearing, whereby an individual's Medicaid coverage is terminated without further notice.

Justification

If an individual's Medicaid coverage is terminated, he/she must undergo an arduous re-application procedure which may take from 30-60 days before being decided upon. The individual will be without coverage during this period, and depending on his/her medical needs, could be kept from receiving medication and treatment for serious medical conditions. This legislation is intended to provide individuals who have missed their scheduled hearing with written notification of their Medicaid termination date. Furthermore, it will provide means for an individual to appeal the termination before it goes into effect, which may prevent the individual from being left without critical medical services.

Legislative history

2007-08: S.1502 - Died in Committee 2007-08: A.4717 - Passed Assembly 2005-06: S.9674 - Referred to Rules 2003-04: S.5706/A.5559 - Died in Committee 2002: A.3237 - Passed Assembly 2001: A.3237 - Died in Committee

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.