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NY State Legislature· A1021-2025Signed by Governor

Establishes when services for traumatic brain injuries granted pursuant to a waiver shall begin, the official text

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S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1021
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (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:
 
   Section 1. Paragraph (d-2) of subdivision 3 of section  364-j  of  the
 social  services law, as amended by a chapter of the laws of 2024 amend-
 ing 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 and A. 7369, is amended to read as
 follows:
   (d-2) Services provided pursuant to [waivers] A WAIVER, granted pursu-
 ant to subsection (c) of section 1915 of  the  federal  social  security
 act,  to  persons suffering from traumatic brain injuries [or qualifying
 for nursing home  diversion  and  transition  services],  shall  not  be
 provided  to medical assistance recipients through managed care programs
 established pursuant to this section[;]. SERVICES provided PURSUANT TO A
 WAIVER, [further that the commissioner of health is hereby  directed  to
 take  any  action  required, including but not limited to filing waivers
 and waiver extensions as  necessary  with  the  federal  government,  to
 continue  the provision of such services] GRANTED PURSUANT TO SUBSECTION
 (C) OF SECTION 1915 OF THE FEDERAL SOCIAL SECURITY ACT, TO PERSONS QUAL-
 IFYING FOR NURSING HOME DIVERSION AND TRANSITION SERVICES, SHALL NOT  BE
 PROVIDED  TO MEDICAL ASSISTANCE RECIPIENTS THROUGH MANAGED CARE PROGRAMS
 UNTIL AT LEAST JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN.
   § 2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02849-01-5
 A. 1021                             2
 
 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
 and A. 7369, takes effect.
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