Report on budget legislation which would amend the social services law and the public health law in order to provide due process rights in relation to Medicaid reviews and appeals

SUMMARY

Part C of the New York State Assembly’s Health and Mental Hygiene Budget (A.8558-C) would amend the social services law and the public health law in order to provide due process rights in fair hearings for Medicaid applicants and recipients in regard to the decisions made about their care by private Managed Long Term Care plans (MLTCs). The Committee on Legal Problems of the Aging supports the proposed legislation as it would: 1) eliminate the requirement to exhaust the administrative appeal process; 2) allow a recipient to request a fair hearing prior to the exhaustion of an internal review and appeal process with the MLTC; and 3) clarify the right of Medicaid recipients to receive, and the obligation of the MLTC to provide, aid continuing through the determination of an appeal.

BILL INFORMATION

A.8558-C, Part C, Sections 39-b, 39-c, 39-d – Assembly Health and Mental Hygiene Budget for the 2014-2015 state fiscal year; sections would amend the Social Services Law and the Public Health Law in order to provide due process rights in relation to Medicaid reviews and appeals.