STATE OF NEW YORK ________________________________________________________________________ 5807 2017-2018 Regular Sessions IN SENATE May 1, 2017 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the mental hygiene law, in relation to eligibility for dependents of military service members for certain developmental disa- bility services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 67.09 of the mental hygiene law, as added by chap- 2 ter 488 of the laws of 2016, is amended to read as follows: 3 § 67.09 Medicaid home and community based services eligibility for 4 dependents of certain military [servicemembers] service 5 members. 6 (a) A dependent of a member of the armed forces of the United States 7 or the organized militia of the state, who is a legal resident of this 8 state, having previously been determined to be eligible for develop- 9 mental disability services provided by the [federal Department of Health 10 and Human Services] office for people with developmental disabilities 11 (OPWDD), including waiver services provided under the home and community 12 based services programs authorized under Section 1915(c) of the Social 13 Security Act, shall retain eligibility for those developmental disabili- 14 ty services as long as he or she remains a legal resident of the state, 15 regardless of having left the state due to the [servicemember's] service 16 member's military assignment outside the state, and as long as he or she 17 is otherwise eligible for such services. [A dependent who resides out- 18 of-state may be placed on the waiting list for developmental disabili- 19 ties services if the dependent left the state due to the servicemember's 20 military assignment outside the state.] 21 (b) For dependents who received developmental disability services and 22 who left the state due to the military service member's military assign- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11337-01-7

S. 5807 2 1 ment outside the state, upon the dependent's return to the state and 2 when a request for services is made OPWDD shall: 3 (1) determine the dependent's eligibility for services, which may 4 include a request for waiver services provided under the home and commu- 5 nity based services programs authorized under Section 1915(c) of the 6 Social Security Act; 7 (2) provide to the dependent notification of the determination of 8 eligibility for services, which includes notification of a denial of 9 services if applicable; 10 (3) provide the dependent an opportunity to contest OPWDD's determi- 11 nation through the appeals process established by OPWDD; and 12 (4) resume services if the individual remains eligible. 13 (c) As a condition of continued eligibility for services under subdi- 14 vision (a) of this section, a depended must inform OPWDD of their 15 current address and provide updates as requested by OPWDD. 16 (d) No payment pursuant to this section shall be made for home and 17 community based services provided outside the State of New York. 18 (e) For purposes of this section, "dependent" shall be defined 19 consistent with the federal tax code. 20 § 2. This act shall take effect on the first of April next succeeding 21 the date on which it shall have become a law.