What's happening
This bill ensures dependents of military service members retain eligibility for New York developmental disability services if they leave and then return to the state.
Why it matters
Reduces disruption for military families. by allowing dependents who previously received New York developmental disability services to quickly regain eligibility after returning from an out-of-state military assignment, minimizing gaps in care due to required relocations.
Streamlines the re-enrollment process. by requiring the Office for People With Developmental Disabilities (OPWDD) to promptly determine eligibility, notify families of decisions (including denials), and allow appeals, ensuring transparency and accountability.
Clarifies limits and definitions. by specifying that New York will not pay for services delivered out-of-state and aligning the definition of “dependent” with the federal tax code, which helps set clear administrative boundaries and eligibility criteria.
Promotes continuity but requires ongoing communication. since families must keep OPWDD updated with current addresses, emphasizing the shared responsibility in maintaining eligibility and service access.
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Who cares
Headline styles
Protect Military Dependents' Services
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Substituted by S5807
- Ordered to third reading rules cal.411
- Rules report cal.411
- Reported
- Reported referred to rules
- Reported referred to ways and means
- Referred to mental health
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.
Protect Military Kids' Disability Services
Signed by Governor · Sponsor Robert Ortt
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7927
2017-2018 Regular Sessions
IN ASSEMBLY
May 19, 2017
Introduced by M. of A. ENGLEBRIGHT, DenDEKKER -- read once and referred to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to eligibility for dependents of military service members for certain developmental disability services
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 67.09 of the mental hygiene law, as added by chapter 488 of the laws of 2016, is amended to read as follows: § 67.09 Medicaid home and community based services eligibility for
dependents of certain military [servicemembers] service
members.
(a) A dependent of a member of the armed forces of the United States or the organized militia of the state, who is a legal resident of this state, having previously been determined to be eligible for developmental disability services provided by the [federal Department of Health and Human Services] office for people with developmental disabilities (OPWDD), including waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act, shall retain eligibility for those developmental disability services as long as he or she remains a legal resident of the state, regardless of having left the state due to the [servicemember's] service member's military assignment outside the state, and as long as he or she is otherwise eligible for such services. [A dependent who resides outof-state may be placed on the waiting list for developmental disabilities services if the dependent left the state due to the servicemember's military assignment outside the state.]
(b) For dependents who received developmental disability services and who left the state due to the military service member's military assignment outside the state, upon the dependent's return to the state and when a request for services is made OPWDD shall:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11337-01-7
A. 7927 2
(1) determine the dependent's eligibility for services, which may include a request for waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act;
(2) provide to the dependent notification of the determination of eligibility for services, which includes notification of a denial of services if applicable;
(3) provide the dependent an opportunity to contest OPWDD's determination through the appeals process established by OPWDD; and
(4) resume services if the individual remains eligible.
(c) As a condition of continued eligibility for services under subdivision (a) of this section, a depended must inform OPWDD of their current address and provide updates as requested by OPWDD.
(d) No payment pursuant to this section shall be made for home and community based services provided outside the State of New York.
(e) For purposes of this section, "dependent" shall be defined consistent with the federal tax code.
§ 2. This act shall take effect on the first of April next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.