NY State Senate Bill 2025-S1266

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to health

2025-S1266 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Add §363-g, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S6342
2023-2024: S2462

2025-S1266 (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.

2025-S1266 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1266

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 adds a new section 363-f, establishing an incontinence
supplies insurance program. Additionally, it defines "incontinence
supplies" to mean products designed to help manage urinary or bowel
output. Adding that 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.

Section 1, part 2 establishes eligibility requirements for enrolling in
the program:

(a) be a Medicaid beneficiary; (b) be a resident of the state of Hew
York; and (c) obtain a note from a physician indicating a need for an
item in accordance with subdivision one of this section.

Section 1, part 3 authorizes the commissioner to promulgate regulations
for the implementation of the program, with requirements.

Section 2 establishes the effective date.

 
JUSTIFICATION:

Incontinence products are necessary medical supplies that are not always
covered by private insurers. Incontinence supplies not only serve a
medical need but also help people maintain their dignity and personhood.
This bill provides immeasurable positive impact to residents of New York
State, while costing private insurers a negligible amount.

 
LEGISLATIVE HISTORY:

2023-2024: S2462 Referred to Health

2021-2022: S6342 Referred to Insurance

2020: S1091A Referred to Insurance

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
On the sixtieth 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.

2025-S1266 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1266
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2025
                                ___________
 
 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-g to read as follows:
   § 363-G. 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  THEY  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.
                                                            LBD03899-01-5
 S. 1266                             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 S1266

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2025-S1266 (ACTIVE) - Details

2025-S1266 (ACTIVE) - Summary

2025-S1266 (ACTIVE) - Sponsor Memo

2025-S1266 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1266

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Sponsored By

Roxanne J. Persaud

Current Bill Status - In Senate Committee Health Committee

2025-S1266 (ACTIVE) - Details

2025-S1266 (ACTIVE) - Summary

2025-S1266 (ACTIVE) - Sponsor Memo

2025-S1266 (ACTIVE) - Bill Text download pdf

Comments