What's happening
This bill ensures dependents of military service members retain eligibility for New York developmental disability services when returning to the state.
Why it matters
Helps military families maintain continuity of care. by ensuring that dependents who leave New York due to a parent’s military assignment don’t lose their eligibility for developmental disability services upon returning, minimizing disruption in critical support.
Requires the state to promptly reassess and reinstate services. for returning dependents, including notification of eligibility decisions and access to an appeals process, which adds transparency and safeguards for families navigating re-entry to the system.
Limits state financial responsibility for services to within New York. by clarifying that the state will not pay for home and community-based services delivered outside its borders, setting clear boundaries on coverage.
Aligns the definition of “dependent” with federal standards. , reducing confusion and administrative barriers for military families who move between states and rely on consistency in eligibility criteria.
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Who cares
Headline styles
Protect Military Kids' Disability Services
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 62
No co-sponsors yet.
History
- Signed chap.256
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.411
- Substituted for A7927
- Referred to mental health
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.952
Show 1 earlier action
- Referred to mental health and developmental disabilities
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 Dependents' Services
Assembly Floor Calendar · Sponsor Steven Englebright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5807
2017-2018 Regular Sessions
IN SENATE
May 1, 2017
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
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 assign-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11337-01-7
S. 5807 2
ment outside the state, upon the dependent's return to the state and when a request for services is made OPWDD shall:
(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.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to eligibility for dependents of military service members for certain developmental disability services
Purpose or general idea of bill
This legislation makes changes to clarify the intent of Chapter 488 of the Laws of 2016.
Summary of specific provisions
Section 1 makes changes to reference OPWDD instead of the DHHS to more accurately reflect that OPWDD makes the eligibility determination. This section also makes reference to a waiting list that does not currently exist. Further Subdivision (b) (1)-(4) aims to more accurately reflect the role of OPWDD in determining any services, including waiver services for which an individual may be eligible.
Section 2 is the effective date.
Justification
This legislation seeks to clarify the goals of Chapter 488 of the Laws of 2016 to alleviate barriers experienced by military members in New York. By allowing dependents of a military service member to retain eligibility for service regardless of leaving the State as long as they retain residency and remain eligible for service is a key component to this. Ensuring that an individual with a developmental disability continues to receive service without interruption guarantees better continuity of care and better outcomes for the individual.
Prior legislative history
New Bill.
Fiscal implications
None.
Effective date
April 1 next succeeding the date of which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.