New York A 9266: Provides for eligibility for medical assistance for personal care services for persons with traumatic brain injury, developmental disability, cognitive impairments, blindness or visual impairment

Bill Text

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A09266 Summary:

BILL NOA09266 

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SAME ASSAME AS S01747

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SPONSORDavila

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COSPNSR

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MLTSPNSR

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Amd §§365-a & 365-f, Soc Serv L

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Provides for eligibility for medical assistance for personal care services for persons with traumatic brain injury, developmental disability, cognitive impairments, blindness or visual impairment.

Go to top A09266 Actions:

BILL NOA09266 

&nbsp

11/21/2025referred to health

01/07/2026referred to health

Go to topA09266 Committee&nbspVotes:

Go to topA09266 Floor&nbspVotes:

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

Go to topA09266 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9266

 2025-2026 Regular Sessions

 IN ASSEMBLY

 November 21, 2025
 ___________

 Introduced by M. of A. DAVILA -- read once and referred to the Committee
 on Health

 AN ACT to amend the social services law, in relation to eligibility for
 medical assistance for personal care services for persons with trau-
 matic brain injury, cognitive impairments, developmental disabilities,
 blindness, or visual impairment

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

 1 Section 1. Subparagraph (v) of paragraph (e) of subdivision 2 of
 2 section 365-a of the social services law, as added by section 2-a of
 3 part MM of chapter 56 of the laws of 2020, is amended to read as
 4 follows:
 5 (v) subject to the availability of federal financial participation,
 6 personal care services other than personal emergency response services
 7 available pursuant to this paragraph shall be available only to individ-
 8 uals assessed as needing at least limited assistance with physical
 9 maneuvering with more than two activities of daily living, or for indi-
 10 viduals with a dementia or Alzheimer's diagnosis, traumatic brain inju-
 11 ry, cognitive impairment, developmental disability, blindness, or visual
 12 impairment, assessed as needing at least supervision with more than one
 13 activity of daily living, as defined and determined by using an
 14 evidenced based validated assessment instrument approved by the commis-
 15 sioner and in accordance with regulations of the department and any
 16 applicable state and federal laws by an independent assessor. The
 17 provisions of this subparagraph shall only apply to individuals who
 18 receive an initial authorization for such services on or after October
 19 first, two thousand twenty;
 20 § 2. Paragraph (c) of subdivision 2 of section 365-f of the social
 21 services law, as amended by section 3 of part MM of chapter 56 of the
 22 laws of 2020, is amended to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04824-01-5

 A. 9266 2

 1 (c) has been determined by the social services district, pursuant to
 2 an assessment of the person's appropriateness for the program, conducted
 3 with an appropriate long term home health care program, a certified home
 4 health agency, or an AIDS home care program or pursuant to the personal
 5 care program, as being in need of home care services or private duty
 6 nursing and as needing at least limited assistance with physical maneu-
 7 vering with more than two activities of daily living, or for persons
 8 with a dementia or Alzheimer's diagnosis, traumatic brain injury, cogni-
 9 tive impairment, developmental disability, blindness, or visual impair-
 10 ment, assessed as needing at least supervision with more than one activ-
 11 ity of daily living, provided that the provisions related to activities
 12 of daily living in this paragraph shall only apply to persons who
 13 initially seek eligibility for the program on or after October first,
 14 two thousand twenty, and who is able and willing or has a designated
 15 representative, including a legal guardian able and willing to make
 16 informed choices, or a designated relative or other adult who is able
 17 and willing to assist in making informed choices, as to the type and
 18 quality of services, including but not limited to such services as nurs-
 19 ing care, personal care, transportation and respite services; and
 20 § 3. This act shall take effect immediately.

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