Directs the department of health to post, on its internet website, the state's medical assistance plan and all amendments thereto

1 Co-sponsor

• Tony Avella

Title of bill

An act to amend the public health law, in relation to directing the department of health to post the Medicaid state plan, and any changes thereto, on such department's internet website

Purpose

Directs the department of health to post, on its internet website, the state's medical assistance plan and all amendments thereto.

Summary of provisions

Section 1. Amends public health law section 201 paragraph (u). Amends public health law 201 paragraph (v).

Amends public health law section 201 to add paragraph (w) which requires that the Department of Health post on the department's website the entirety of the Medicaid State plan and all amendments. No provision of the state plan shall be effective unless and until that provision has been posted.

Justification

The Medicaid State Plan is the officially recognized document that describes the nature and scope of New York State's Medicaid program. Pursuant to the Medicaid Statute, the Plan is developed by New York State and approved by the United States Department of Health and Human Services (42 U.S.C. § 1396(a¤. The provisions articulated in the State Plan include method of administration, coverage, eligibility, scope of care and services, quality control, and payment.

The Medicaid State Plan is amended through a state plan amendment process and any proposed change must be submitted to the federal government for approval. Each year, New York State submits amendments to the federal government when it needs to request changes in how the program will be implemented.

By federal law, the state's request to seek approval on a proposed amendment, must be approved, disapproved or additional information requested. It is during this process when it becomes increasingly difficult to know how the State Plan has changed.

With New York State's Medicaid reaching beyond $50 billion dollars· annually, nearly one third of the State's budget, it is critically important that this document be available. The State Plan represents the agreement between the State and the Federal government and it assures the State will conform to the requirements of the Social Security Act and to the official department of health and human services issuances.

This bill will enhance transparency in government, provide accountability, and make the document available for informational purposes to New York citizens.

Legislative history

S.7468 of 2010

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law.