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S T A T E O F N E W Y O R K
________________________________________________________________________
10403
I N A S S E M B L Y
March 3, 2026
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Health
AN ACT to amend the social services law, in relation to authorizing the
commissioner of health to establish nursing facility transition and
diversion Medicaid waiting lists per designated waiver region
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 6-a of section 366 of the social services law
2 is amended by adding a new paragraph i to read as follows:
3 I. THE COMMISSIONER OF HEALTH IS FURTHER DIRECTED TO ESTABLISH A WAIT-
4 ING LIST PER DESIGNATED WAIVER REGION ONCE THE FEDERALLY APPROVED CAPAC-
5 ITY FOR THE WAIVER IS REACHED. THE COMMISSIONER SHALL DRAW FROM THE
6 REGIONAL WAITING LIST TO ACCOMMODATE ELIGIBLE INDIVIDUALS ONCE CAPACITY
7 ALLOWS IN EACH REGION. UNLESS THE COMMISSIONER CHOOSES TO PRIORITIZE
8 CERTAIN POPULATIONS, INCLUDING BUT NOT LIMITED TO ELIGIBLE PERSONS TRAN-
9 SITIONING FROM NURSING FACILITIES, THE COMMISSIONER SHALL DRAW ELIGIBLE
10 PERSONS WHO HAVE BEEN ON THE WAITING LIST IN THE ORDER IN WHICH THEY
11 CAME ON IN EACH REGION, PROVIDED THE ELIGIBLE PERSON RESIDES IN THE
12 APPROVED WAIVER REGION FROM WHICH THE VACANCY OCCURRED.
13 § 2. Paragraph (d-2) of subdivision 3 of section 364-j of the social
14 services law, as amended by chapter 41 of the laws of 2025, is amended
15 to read as follows:
16 (d-2) Services provided pursuant to a waiver, granted pursuant to
17 subsection (c) of section 1915 of the federal social security act, to
18 persons suffering from traumatic brain injuries, shall not be provided
19 to medical assistance recipients through managed care programs estab-
20 lished pursuant to this section. Services provided pursuant to a waiver,
21 granted pursuant to subsection (c) of section 1915 of the federal social
22 security act, to persons qualifying for nursing home diversion and tran-
23 sition services, shall not be provided to medical assistance recipients
24 through managed care programs until at least January first, two thousand
25 [twenty-seven] THIRTY-TWO.
26 § 3. This act shall take effect immediately; provided, however, that
27 the amendments to section 364-j of the social services law made by
28 section two of this act shall not affect the repeal of such section and
29 shall be deemed repealed therewith.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14838-02-6