Authorizes the commissioner of health to establish nursing facility transition and diversion Medicaid waiting lists per designated waiver region, once the federally approved capacity for the waiver is reached.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11569
SPONSOR: Rules (De Los Santos) TITLE OF BILL:
An act to amend the social services law, in relation to authorizing the
commissioner of health to establish nursing facility transition and
diversion Medicaid waiting lists per designated waiver region
PURPOSE OR GENERAL IDEA OF BILL:
This bill ensures transparent, equitable, and regionally based access to
the Nursing Home Transition and Diversion (NHTD) Medicaid Waiver program
by requiring the Department of Health (DOH) to establish and maintain
waiting lists once federally approved waiver capacity is reached, and to
draw individuals from these waiting lists in an orderly and fair manner.
SUMMARY OF PROVISIONS:
Section one amends subdivision 6-a of section 366 of the social services
law by adding a new paragraph (i) to:
*Direct the Commissioner of Health to establish a waiting list, per
designated waiver region, when the federally approved capacity for the
NHTD waiver has been reached.
*Require the Commissioner to draw eligible individuals from the applica-
ble regional waiting list as capacity becomes available.
*Require that individuals be served in the order they were added to the
regional list unless DOH chooses to prioritize specific populations,
such as people transitioning from nursing facilities to the community.
*Ensure that the eligible individual must reside in the region where the
new waiver slot becomes available.
Section two provides for the effective date.
JUSTIFICATION:
The NHTD Medicaid Waiver is a vital tool that helps older adults and
individuals with disabilities remain in their homes and communities
rather than entering or remaining in nursing facilities. Participants
receive a range of home- and community-based services that support inde-
pendence, reduce institutionalization, and improve quality of life,
while saving taxpayer dollars due to the lower cost of community-based
care.
The existing capacity limit will create access barriers, and many eligi-
ble individuals who could safely remain at home or who wish to transi-
tion out of nursing facilities are now unable to do so simply because
the waiver has reached its approved enrollment. The lack of any formal,
standardized waiting list process will result in inconsistent practices
across regions, limited transparency, and delays that jeopardize indi-
viduals' ability to transition or avoid institutional placement.
This legislation remedies that problem by directing DOH to create and
maintain regional waiting lists, ensuring that individuals who are
eligible but unable to enroll due to capacity constraints retain their
place and are offered enrollment based on a clear, fair, and predictable
process. This bill brings greater transparency, regional equity, and
accountability to the administration of the NHTD waiver, helping ensure
that individuals with disabilities and older adults can access services
that promote independence and dignity. Additionally, establishment of
waitlists will enable the state to collect and monitor data relating to
the geographic dependence on the program; this would result in more
informed decisions on any changes needed to make the waiver program more
sustainable going forward.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal: DOH may incur limited administrative costs associated with
establishing and maintaining regional waiting liSts.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
11569
IN ASSEMBLY
June 2, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A.
De Los Santos) -- read once and referred to the Committee on Ways and
Means
AN ACT to amend the social services law, in relation to authorizing the
commissioner of health to establish nursing facility transition and
diversion Medicaid waiting lists per designated waiver region
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6-a of section 366 of the social services law
2 is amended by adding a new paragraph i to read as follows:
3 i. The commissioner of health is directed to establish a waiting list
4 per designated waiver region once the federally approved capacity for
5 the waiver is reached. The commissioner shall draw from the regional
6 waiting list to accommodate eligible individuals once capacity allows in
7 each region. Unless the commissioner chooses to prioritize certain popu-
8 lations, including but not limited to eligible persons transitioning
9 from nursing facilities, the commissioner shall draw eligible persons
10 who have been on the waiting list in the order in which they came on in
11 each region, provided the eligible person resides in the approved waiver
12 region from which the vacancy occurred.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14838-05-6
