NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1021
SPONSOR: McDonald TITLE OF BILL:
An act to amend the social services law, in relation to when services
for traumatic brain injuries granted pursuant to a waiver by the federal
social security act shall begin
PURPOSE:
To maintain nursing home diversion and transition services in a fee-for-
service payment model.
SUMMARY OF PROVISIONS:
This bill amends Chapter 649 of the laws of 2024 to prevent nursing home
diversion and transition services from being provided medical assistance
through managed care programs until January 1, 2027.
JUSTIFICATION:
Individuals who have a disability that qualifies them for the Nursing
Home Transition and Diversion Waiver (NHTD) have varied physical and
cognitive disabilities that make them particularly vulnerable to insti-
tutionalization. The Federal Medicaid Waivers were established many
years ago because the state recognized these vulnerabilities and needs
for special services and supports to help individuals live in the most
integrated setting appropriate. These programs have served as a national
model.
This bill would prevent nursing home diversion and transition services
from being provided medical assistance through managed care programs
until January 1, 2027 so that the Department of Health may reevaluate
the effect of a carveout.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2024 amending the social services law relating to
the provision of services to certain persons suffering from traumatic
brain injuries or qualifying for nursing home diversion and transition
services, as proposed in legislative bills numbers S. 2867 6 and A.
7369, takes effect.
STATE OF NEW YORK
________________________________________________________________________
1021
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Health
AN ACT to amend the social services law, in relation to when services
for traumatic brain injuries granted pursuant to a waiver by the
federal social security act shall begin
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d-2) of subdivision 3 of section 364-j of the
2 social services law, as amended by a chapter of the laws of 2024 amend-
3 ing the social services law relating to the provision of services to
4 certain persons suffering from traumatic brain injuries or qualifying
5 for nursing home diversion and transition services, as proposed in
6 legislative bills numbers S. 2867 and A. 7369, is amended to read as
7 follows:
8 (d-2) Services provided pursuant to [waivers] a waiver, granted pursu-
9 ant to subsection (c) of section 1915 of the federal social security
10 act, to persons suffering from traumatic brain injuries [or qualifying
11 for nursing home diversion and transition services], shall not be
12 provided to medical assistance recipients through managed care programs
13 established pursuant to this section[;]. Services provided pursuant to a
14 waiver, [further that the commissioner of health is hereby directed to
15 take any action required, including but not limited to filing waivers
16 and waiver extensions as necessary with the federal government, to
17 continue the provision of such services] granted pursuant to subsection
18 (c) of section 1915 of the federal social security act, to persons qual-
19 ifying for nursing home diversion and transition services, shall not be
20 provided to medical assistance recipients through managed care programs
21 until at least January first, two thousand twenty-seven.
22 § 2. This act shall take effect on the same date and in the same
23 manner as a chapter of the laws of 2024 amending the social services law
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02849-01-5
A. 1021 2
1 relating to the provision of services to certain persons suffering from
2 traumatic brain injuries or qualifying for nursing home diversion and
3 transition services, as proposed in legislative bills numbers S. 2867
4 and A. 7369, takes effect.
