New York A 7583: Authorizes Medicaid coverage for the complex care assistant program

Bill Text

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A07583 Summary:

BILL NOA07583 

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SAME ASNo Same As

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SPONSORAlvarez

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COSPNSRDe Los Santos

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MLTSPNSR

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Add §365-q, Soc Serv L

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Establishes a program for specific individuals to become complex care assistants and provide private duty complex care services to children or young adults with developmental disabilities who are Medicaid enrollees.

Go to top A07583 Actions:

BILL NOA07583 

&nbsp

04/01/2025referred to health

01/07/2026referred to health

Go to topA07583 Committee&nbspVotes:

Go to topA07583 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07583 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7583

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 1, 2025
 ___________

 Introduced by M. of A. ALVAREZ -- read once and referred to the Commit-
 tee on Health

 AN ACT to amend the social services law, in relation to authorizing
 Medicaid coverage for complex care assistant services

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The social services law is amended by adding a new section
 2 365-q to read as follows:
 3 § 365-q. Complex care assistant services program. 1. As used in this
 4 section:
 5 (a) "family member" means a parent, sibling, grandparent, legal guard-
 6 ian or any other individual related by blood; and
 7 (b) "complex care assistant" means a family member who is certified by
 8 the department after passing an in-person examination which tests the
 9 proficiency and competence of performing the tasks required to care for
 10 a child or young adult with developmental disabilities which can
 11 include, but is not limited to, all adaptive living skills (ADL's) and
 12 instrumental activities of daily living (IADL's), and providing academic
 13 assistance in accordance to such child or young adult's level of need.
 14 2. (a) No later than one year after this section shall have become a
 15 law and receipt of federal approval for the program established pursuant
 16 to this section, the state Medicaid director shall establish a program
 17 under which a family member of an enrollee in Medicaid may be certified
 18 as a complex care assistant and, after receiving such certification may,
 19 under the direction of a certified complex care assistant, provide
 20 complex care assistant services to the enrollee through a complex care
 21 agency under the reimbursement rates established under paragraph (f) of
 22 this subdivision, provided that the enrollee is a child or young adult
 23 with developmental disabilities as defined in subdivision twenty-two of
 24 section 1.03 of the mental hygiene law and qualifies for services under
 25 Medicaid. Such program shall operate as a New York Medicaid private duty

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11246-01-5

 A. 7583 2

 1 nursing benefit. The department shall develop an assessment tool that
 2 will allow the division to identify enrollees who meet these eligibility
 3 criteria readily.
 4 (b) The program established under this section shall require a family
 5 member to complete all training, testing, and other qualification crite-
 6 ria required under state and federal law for certification as a complex
 7 care assistant. The agency that will employ the family member to provide
 8 complex care assistant services to the enrollee shall pay all costs for
 9 the family member to become certified as a complex care assistant and to
 10 receive certification as a complex care assistant from the department of
 11 health, before providing services under the program established pursuant
 12 to this section. In no case shall a family member who becomes a complex
 13 care assistant under the provisions of this section be required to repay
 14 or reimburse the licensed home care services and certified complex care
 15 agencies for the costs of the family member becoming certified as a
 16 complex care assistant under the program.
 17 (c) An individual certified to practice as a complex care assistant
 18 must complete a training program and shall pass an in-person examination
 19 approved by the department of health that demonstrates t