Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to health |
Aug 25, 2021 |
referred to health |
Assembly Bill A8279
2021-2022 Legislative Session
Sponsored By
GIGLIO JM
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2021-A8279 (ACTIVE) - Details
2021-A8279 (ACTIVE) - Summary
Prohibits unfunded mandates in medicaid; provides that a provision of law which is determined to be an unfunded mandate according to this new section of law shall cease to be mandatory and become voluntary in operation; defines "law" as a statute, executive order of the governor, or rule or regulation; provides such prohibition does not apply to laws in full force and effect prior to the effective date of the section.
2021-A8279 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8279 2021-2022 Regular Sessions I N A S S E M B L Y August 25, 2021 ___________ Introduced by M. of A. J. M. GIGLIO -- read once and referred to the Committee on Health AN ACT to amend the social services law, in relation to the prohibition on unfunded mandates in medical assistance; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The social services law is amended by adding a new section 368-g to read as follows: § 368-G. PROHIBITION ON UNFUNDED MANDATES. 1. ANY PROVISION OF LAW THAT IS CONTAINED IN OR ENACTED PURSUANT TO THIS TITLE AND DETERMINED IN ACCORDANCE WITH THIS SECTION TO BE AN UNFUNDED MANDATE SHALL CEASE TO BE MANDATORY IN EFFECT AND SHALL BECOME VOLUNTARY IN OPERATION. 2. A PROVISION OF LAW THAT IS CONTAINED IN OR ENACTED PURSUANT TO THIS TITLE WHICH REQUIRES ONE OR MORE COUNTY OR CITY SOCIAL SERVICES DISTRICTS TO EXPEND FUNDS OR TO TAKE ACTIONS REQUIRING THE EXPENDITURE OF FUNDS SHALL BE DEEMED AN UNFUNDED MANDATE IF SUCH PROVISION OF LAW RESULTS IN AN AGGREGATE NET INCREASE IN NECESSARY DIRECT EXPENDITURES BY THE SOCIAL SERVICES DISTRICTS OF THE STATE. ANY SUCH AGGREGATE NET INCREASE IN EXPENDITURES SHALL BE OFFSET BY: (A) MONIES PROVIDED TO THE SOCIAL SERVICES DISTRICTS FOR THE SPECIFIC PURPOSE OF FUNDING SUCH PROVISION OF LAW; AND (B) DECREASES IN EXPENDITURES EXPECTED TO RESULT FROM OTHER PROVISIONS OF LAW ENACTED CONCURRENTLY THEREWITH THAT REPEAL, REDUCE OR MODIFY EXISTING MANDATES ON SOCIAL SERVICES DISTRICTS. 3. FOR PURPOSES OF THIS SECTION, THE TERM "LAW" SHALL MEAN A STATUTE ENACTED BY THE LEGISLATURE, OR EXECUTIVE ORDER ISSUED BY THE GOVERNOR, OR A RULE OR REGULATION PROMULGATED BY A STATE AGENCY, DEPARTMENT, BOARD, BUREAU, OFFICER, AUTHORITY OR COMMISSION. 4. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, THE FOLLOWING TYPES OF LAWS SHALL NOT BE CONSIDERED UNFUNDED MANDATES: (A) THOSE NECESSARY TO COMPLY WITH FEDERAL LAW; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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