HLT-51-13-00004-A Presumptive Eligibility for Family Planning Benefit Program
4/23/14 N.Y. St. Reg. HLT-51-13-00004-A
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 16
April 23, 2014
RULE MAKING ACTIVITIES
DEPARTMENT OF HEALTH
NOTICE OF ADOPTION
I.D No. HLT-51-13-00004-A
Filing No. 283
Filing Date. Apr. 08, 2014
Effective Date. Apr. 23, 2014
Presumptive Eligibility for Family Planning Benefit Program
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 360-3.7 of Title 18 NYCRR.
Statutory authority:
Social Services Law, section 363-a
Subject:
Presumptive Eligibility for Family Planning Benefit Program.
Purpose:
To set criteria for the Presumptive Eligibility for Family Planning Benefit Program.
Text or summary was published
in the December 18, 2013 issue of the Register, I.D. No. HLT-51-13-00004-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473-7488, email: regsqna@health.state.ny.us
Revised Regulatory Impact Statement
Statutory Authority:
Social Services Law (SSL) section 363-a and Public Health Law section 201(1)(v) provide that the Department is the single state agency responsible for supervising the administration of the State’s medical assistance (“Medicaid”) program and for adopting such regulations, not inconsistent with law, as may be necessary to implement the State’s Medicaid program.
Legislative Objectives:
Chapter 59 of the Laws of 2011 amended the Social Services Law to authorize the Commissioner of Health to establish criteria for presumptive eligibility for the Family Planning Benefit Program. The legislative objective is to expand access to family planning services by easing the application process.
Needs and Benefits:
New York included in Chapter 59 of the Laws of 2011, the option afforded by the federal Medicaid statute, of providing individuals with a period of presumptive eligibility for family planning-only services. This regulation will provide the necessary criteria to implement presumptive eligibility for the Family Planning Benefit Program.
COSTS:
Costs for the Implementation of, and Continuing Compliance with the Regulation to the Regulated Entity:
This amendment will not increase costs to the regulated parties.
Costs to State and Local Government:
This amendment will not increase costs to the State or local governments.
Costs to the Department of Health:
Any costs associated with this amendment will be offset by administrative savings.
Local Government Mandates:
This amendment will not impose any program, service, duty, additional cost, or responsibility on any county, city, town, village, school district, fire district, or other special district.
Paperwork:
Any provider choosing to act as a “qualified provider” will be required to notify the local social services district when a presumptive eligibility determination has been made.
Duplication:
There are no duplicative or conflicting rules identified.
Alternatives:
Establishing criteria for presumptive eligibility for the Family Planning Benefit Program was expressly authorized by Chapter 59 of the Laws of 2011. Processing through a statewide vendor was chosen over processing through local districts to centralize administration of eligibility determinations.
Federal Standards:
Section 1920C of the Social Security Act gives States that adopt the new family planning group the option of also providing a period of presumptive eligibility based on preliminary information that an individual meets the applicable eligibility.
Compliance Schedule:
Social services districts should be able to comply with the proposed regulations when they become effective.
