S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5807
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                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:
 
   Section 1. Section 67.09 of the mental hygiene law, as added by  chap-
 ter 488 of the laws of 2016, is amended to read as follows:
 § 67.09 Medicaid  home  and  community  based  services  eligibility for
             dependents  of  certain  military  [servicemembers]  SERVICE
             MEMBERS.
   (A)  A  dependent of a member of the armed forces of the United States
 or the organized militia of the state, who is a legal resident  of  this
 state,  having  previously  been  determined to be eligible for develop-
 mental disability services provided by the [federal Department of Health
 and Human Services] OFFICE FOR PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES
 (OPWDD), including waiver services provided under the home and community
 based  services  programs authorized under Section 1915(c) of the Social
 Security Act, shall retain eligibility for those developmental disabili-
 ty services as long as he or she remains a legal resident of the  state,
 regardless of having left the state due to the [servicemember's] SERVICE
 MEMBER'S military assignment outside the state, and as long as he or she
 is  otherwise  eligible for such services. [A dependent who resides out-
 of-state may be placed on the waiting list for  developmental  disabili-
 ties services if the dependent left the state due to the servicemember's
 military assignment outside the state.]
   (B)  FOR DEPENDENTS WHO RECEIVED DEVELOPMENTAL DISABILITY SERVICES AND
 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
 
 MENT OUTSIDE THE STATE, UPON THE DEPENDENT'S RETURN  TO  THE  STATE  AND
 WHEN A REQUEST FOR SERVICES IS MADE OPWDD SHALL:
   (1)  DETERMINE  THE  DEPENDENT'S  ELIGIBILITY  FOR SERVICES, WHICH MAY
 INCLUDE A REQUEST FOR WAIVER SERVICES PROVIDED UNDER THE HOME AND COMMU-
 NITY BASED SERVICES PROGRAMS AUTHORIZED UNDER  SECTION  1915(C)  OF  THE
 SOCIAL SECURITY ACT;
   (2)  PROVIDE  TO  THE  DEPENDENT  NOTIFICATION OF THE DETERMINATION OF
 ELIGIBILITY FOR SERVICES, WHICH INCLUDES NOTIFICATION  OF  A  DENIAL  OF
 SERVICES IF APPLICABLE;
   (3)  PROVIDE  THE DEPENDENT AN OPPORTUNITY TO CONTEST OPWDD'S DETERMI-
 NATION THROUGH THE APPEALS PROCESS ESTABLISHED BY OPWDD; AND
   (4) RESUME SERVICES IF THE INDIVIDUAL REMAINS ELIGIBLE.
   (C) AS A CONDITION OF CONTINUED ELIGIBILITY FOR SERVICES UNDER  SUBDI-
 VISION  (A)  OF  THIS  SECTION,  A  DEPENDED  MUST INFORM OPWDD OF THEIR
 CURRENT ADDRESS AND PROVIDE UPDATES AS REQUESTED BY OPWDD.
   (D) NO PAYMENT PURSUANT TO THIS SECTION SHALL BE  MADE  FOR  HOME  AND
 COMMUNITY BASED SERVICES PROVIDED OUTSIDE THE STATE OF NEW YORK.
   (E)  FOR  PURPOSES  OF  THIS  SECTION,  "DEPENDENT"  SHALL  BE DEFINED
 CONSISTENT WITH THE FEDERAL TAX CODE.
   § 2. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.