What's happening
This bill requires the health commissioner to seek federal approval for a work requirement for able-bodied adult Medicaid recipients in New York.
Why it matters
Targets able-bodied, working-age adults on Medicaid. by requiring them to participate in work or community engagement activities, but exempts children, seniors, people with disabilities, pregnant/postpartum women, primary caregivers, and former foster youth under 26.
Phases in participation requirements. over the course of a year, starting at 5 hours per week after 3 months of enrollment and increasing to 20 hours per week after 12 months, which could change the experience and obligations of many Medicaid recipients.
Recognizes a range of qualifying activities. including education, job training, job search, community service, caregiving for nondependents with chronic health conditions, and both subsidized and unsubsidized work, potentially broadening what counts as “work” beyond traditional employment.
Requires ongoing evaluation of the program’s effectiveness. in improving participant health and promoting self-sufficiency, meaning the state would need to collect data and report on whether these requirements have their intended impact or create unintended barriers to care.
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Who cares
Headline styles
Require Work for Medicaid
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
933
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT directing the commissioner of health to apply for a waiver to implement a work requirement for able-bodied adult recipients of Medicaid
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The commissioner of health shall prepare and submit to the Centers for Medicare and Medicaid Services an application for a waiver, pursuant to section 1115 of the Social Security Act, 42 USC 1315, to allow the state to implement a program incentivizing community engagement and employment among able-bodied, working-age adults with the goal of empowering program participants and providing them with the necessary tools to seek and obtain employment and transition to self-sufficiency. Such waiver shall include the following:
1. A requirement that every able-bodied, working-age adult enrolled in the Medicaid program participate in community engagement or employment activities. The following Medicaid program participants shall not be subject to the requirement for participation in community engagement or employment activities:
a. children under the age of 18 or individuals under the age of 19 who are participating in secondary education;
b. individuals age 65 years and older; individuals who qualify for medical assistance services due to blindness or disability, including individuals who receive services pursuant to a waiver under federal law;
c. individuals residing in institutions; individuals determined to be medically frail;
d. pregnant and postpartum women;
e. former foster children under the age of 26; and
f. individuals who are the primary caregiver for a dependent, including a dependent child or adult dependent with a disability.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06105-01-9
S. 933 2
2. Requirements for gradually escalating participation in community engagement and employment activities, as follows:
a. three months after enrollment, at least five hours per week;
b. six months after enrollment, at least ten hours per week;
c. nine months after enrollment, at least fifteen hours per week; and
d. twelve months after enrollment, at least twenty hours per week.
3. Provisions for satisfaction of the requirement for participation in community engagement and employment activities through:
a. participation in job skills training;
b. job search activities; education related to employment;
c. general education, including participation in a program of preparation for the General Education Development (GED) certification examination, Test Assessing Secondary Completion (TASC) or community college courses;
d. vocational education and training;
e. subsidized or unsubsidized employment;
f. community work experience; community service or public service; or
g. caregiving services for a nondependent relative or other person with a chronic, disabling health condition.
4. Provisions for monitoring, evaluating, and assessing the effectiveness of the demonstration program in improving the health and wellness of program participants and furthering the objectives of the Medicaid program.
§ 2. The commissioner of health shall report to the governor, the speaker of the assembly and the temporary president of the senate on the status of the waiver application required pursuant to this act by January 1, 2020.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act directing the commissioner of health to apply for a waiver to implement a work requirement for able-bodied adult recipients of Medicaid
Purpose or general idea of bill
To request that the Commissioner of Health submit an application to permit New York State to implement a community engagement and employment program among the able-bodied Medicaid recipients.
Summary of specific provisions
Section 1 of the bill directs the Commissioner of Health to apply for a waiver to permit the state of New York to implement work requirements to eligible recipients of Medicaid.
Section 2 states that the Commissioner of health shall provide an update regarding the waiver application on January 1, 2020.
Section 3 establishes the effective data.
Justification
On January 11, 2018, the Centers for Medicare and Medicaid Services (CMS) issued a State Medicaid Director Letter providing new guidance for Section 1115 waiver proposals that would impose work requirements (referred to as community engagement) in Medicaid as a condition of eligibility.
These provisions would promote program objectives by helping states improve enrollee health and well-being through incentivizing community engagement.
Prior legislative history
2018 - S 7959
Fiscal implications
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.