NY State Senate Bill 2023-S2462

Current Bill Status - In Senate Committee Health 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Jan 20, 2023	referred to health

2023-S2462 (ACTIVE) - Details

See Assembly Version of this Bill:: A5988
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Add §363-f, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S6342

2023-S2462 (ACTIVE) - Summary

Establishes the incontinence supplies insurance program for Medicaid beneficiaries who are also residents of the state of New York and obtain a note from a physician indicating a need for an item.

2023-S2462 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2462

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the social services law, in relation to establishing the
incontinence supplies insurance program for Medicaid beneficiaries

 
PURPOSE OF BILL:

To ensure that all eligible residents of New York State are afforded the
dignity of having certain incontinence supplies covered by their insur-
ance carriers.

 
SUMMARY OF PROVISIONS OF BILL:

Section 1. Amends paragraph 34 of section 3216, subsection 1 of insur-
ance law section 3221, and Section 4303 of the insurance law is amended
by adding a new subsection (rr) requiring all private insurance policies
which provide medical, major medical, or similar comprehensive type
coverage to also provide coverage for incontinence supplies subject to
all persons to persons meeting the program eligibility requirements. For

purposes of illustration and not limitation this program is intended to
include coverage for incontinence supplies designed to help manage
urinary or bowel output which such product shall be intended to protect
one's clothing, bedding, furniture, and the like.

Section 2. Provides that to qualify for coverage under this paragraph, a
person shall:

(i) be a resident of the state of New York; and (ii) obtain a note from
a physician indicating a need for an item in accordance with subpara-
graph (A) referenced in section 1 of this memo, and that any grant under
said insurance policy shall be subject to a cap on allowances granted of
eighty dollars, every three months, per eligible person, and provides
for an effective date on the first of January following the date on
which the proposal becomes law with the terms of the act to apply to
actions commenced on or after such date.

 
JUSTIFICATION:

Although certain governmental programs provide for this much-needed
supply private insurers most often do not. Incontinence supplies not
only serve a medical need but go to the core and dignity of people to
provide for this much-needed service is not a request but an obligation
to our citizenry and residents. The impact to private insurance compa-
nies is negligible but the support and positive impact on New York State
residents is immeasurable. This measure would remedy this oversight.

 
LEGISLATIVE HISTORY:

201-2022: S6342 Referred to Insurance

2020: S1091A Referred to Insurance

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
It would take effect on the ninetieth day following the date on which
the proposal becomes law with the terms of the act to apply to actions
commenced on or after such date.

2023-S2462 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2462
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the social services law, in relation to establishing the
   incontinence supplies insurance program for Medicaid beneficiaries
 
   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
 363-f to read as follows:
   § 363-F. INCONTINENCE SUPPLIES INSURANCE PROGRAM. 1.    ESTABLISHMENT.
 THE  COMMISSIONER  SHALL  ESTABLISH  AN  INCONTINENCE SUPPLIES INSURANCE
 PROGRAM. SUCH PROGRAM SHALL PROVIDE  INCONTINENCE  SUPPLIES  TO  PERSONS
 THAT  MEET  THE PROGRAM ELIGIBILITY REQUIREMENTS ESTABLISHED IN SUBDIVI-
 SION TWO OF THIS SECTION. FOR PURPOSES OF  THIS  SECTION,  "INCONTINENCE
 SUPPLIES"  SHALL  MEAN PRODUCTS DESIGNED TO HELP MANAGE URINARY OR BOWEL
 OUTPUT. SUCH PRODUCTS SHALL BE INTENDED TO  PROTECT  CLOTHING,  BEDDING,
 AND  FURNITURE AND SHALL CONSIST OF ITEMS INCLUDING, BUT NOT LIMITED TO,
 PROTECTIVE  UNDERWEAR,  CLOTHS,  WIPES,  BEDDING  PROTECTION,  CLEANERS,
 CREAMS, LOTIONS, BEDPANS, AND URINALS.
   2.  ELIGIBILITY.  TO QUALIFY FOR COVERAGE UNDER THIS SECTION, A PERSON
 SHALL:
   (A) BE A MEDICAID BENEFICIARY;
   (B) BE A RESIDENT OF THE STATE OF NEW YORK; AND
   (C) OBTAIN A NOTE FROM A PHYSICIAN INDICATING A NEED FOR  AN  ITEM  IN
 ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION.
   3. REGULATIONS. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO PROMUL-
 GATE  SUCH REGULATIONS AS HE OR SHE MAY DEEM NECESSARY OR APPROPRIATE TO
 EFFECTUATE THE PURPOSES OF THIS SECTION. HOWEVER, SUCH REGULATIONS SHALL
 INCLUDE:
   (A) A CAP ON ALLOWANCE GRANTED UNDER THIS SECTION OF  EIGHTY  DOLLARS,
 EVERY THREE MONTHS, PER ELIGIBLE PERSON; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02642-01-3
 S. 2462                             2

 
   (B)  PROCEDURES  FOR  THE  STATE  TO  RECOVER THE VALUE OF BENEFITS OR
 PAYMENTS MADE UNDER THIS SECTION, IF ANY, THAT WERE  BASED  ON  APPLICA-
 TIONS OR CLAIMS SUBMITTED IN VIOLATION OF ANY PROVISION OF THIS SECTION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.

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Senate Bill S2462

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2023-S2462 (ACTIVE) - Details

2023-S2462 (ACTIVE) - Summary

2023-S2462 (ACTIVE) - Sponsor Memo

2023-S2462 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2462

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Sponsored By

Roxanne J. Persaud

Current Bill Status - In Senate Committee Health Committee

2023-S2462 (ACTIVE) - Details

2023-S2462 (ACTIVE) - Summary

2023-S2462 (ACTIVE) - Sponsor Memo

2023-S2462 (ACTIVE) - Bill Text download pdf

Comments