STATE OF NEW YORK ________________________________________________________________________ 2391 2023-2024 Regular Sessions IN ASSEMBLY January 26, 2023 ___________ Introduced by M. of A. J. M. GIGLIO -- read once and referred to the Committee on Health AN ACT to amend the social services law, in relation to the prohibition on unfunded mandates in medical assistance; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The social services law is amended by adding a new section 2 368-g to read as follows: 3 § 368-g. Prohibition on unfunded mandates. 1. Any provision of law 4 that is contained in or enacted pursuant to this title and determined in 5 accordance with this section to be an unfunded mandate shall cease to be 6 mandatory in effect and shall become voluntary in operation. 7 2. A provision of law that is contained in or enacted pursuant to this 8 title which requires one or more county or city social services 9 districts to expend funds or to take actions requiring the expenditure 10 of funds shall be deemed an unfunded mandate if such provision of law 11 results in an aggregate net increase in necessary direct expenditures by 12 the social services districts of the state. Any such aggregate net 13 increase in expenditures shall be offset by: (a) monies provided to the 14 social services districts for the specific purpose of funding such 15 provision of law; and (b) decreases in expenditures expected to result 16 from other provisions of law enacted concurrently therewith that repeal, 17 reduce or modify existing mandates on social services districts. 18 3. For purposes of this section, the term "law" shall mean a statute 19 enacted by the legislature, or executive order issued by the governor, 20 or a rule or regulation promulgated by a state agency, department, 21 board, bureau, officer, authority or commission. 22 4. Notwithstanding any provision of this section to the contrary, the 23 following types of laws shall not be considered unfunded mandates: 24 (a) those necessary to comply with federal law; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01675-01-3

A. 2391 2 1 (b) those for which the aggregate net increase in required direct 2 expenditures by a social services district is less than twenty thousand 3 dollars; 4 (c) those that have been requested through a home rule message or 5 other resolution of the affected social services district, or which have 6 been accepted by the affected social services district; 7 (d) those reapportioning responsibilities between or among social 8 services districts; 9 (e) those arising from an executive order of the governor exercising 10 his or her emergency powers; 11 (f) those applicable to both government and non-government entities in 12 the same or a substantially similar manner; and 13 (g) those in full force and effect prior to the effective date of this 14 section, including any provision of law that extends or reauthorizes 15 such a law. 16 § 2. This act shall take effect April 1, 2024 and shall expire and be 17 deemed repealed March 31, 2026.

Prohibits unfunded mandates in medicaid

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