STATE OF NEW YORK
        ________________________________________________________________________

                                          5988

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 28, 2023
                                       ___________

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

        AN ACT to amend the social services law, in relation to establishing the
          incontinence supplies insurance program for Medicaid beneficiaries

          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  363-f to read as follows:
     3    §  363-f.  Incontinence supplies insurance program. 1.  Establishment.
     4  The commissioner shall  establish  an  incontinence  supplies  insurance
     5  program.  Such  program  shall  provide incontinence supplies to persons
     6  that meet the program eligibility requirements established  in  subdivi-
     7  sion  two  of  this section. For purposes of this section, "incontinence
     8  supplies" shall mean products designed to help manage urinary  or  bowel
     9  output.  Such  products  shall be intended to protect clothing, bedding,
    10  and furniture and shall consist of items including, but not limited  to,
    11  protective  underwear,  cloths,  wipes,  bedding  protection,  cleaners,
    12  creams, lotions, bedpans, and urinals.
    13    2. Eligibility. To qualify for coverage under this section,  a  person
    14  shall:
    15    (a) be a Medicaid beneficiary;
    16    (b) be a resident of the state of New York; and
    17    (c)  obtain  a  note from a physician indicating a need for an item in
    18  accordance with subdivision one of this section.
    19    3. Regulations. The commissioner is authorized and directed to promul-
    20  gate such regulations as he or she may deem necessary or appropriate  to
    21  effectuate the purposes of this section. However, such regulations shall
    22  include:
    23    (a)  A  cap on allowance granted under this section of eighty dollars,
    24  every three months, per eligible person; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02642-01-3

        A. 5988                             2

     1    (b) Procedures for the state to  recover  the  value  of  benefits  or
     2  payments  made  under  this section, if any, that were based on applica-
     3  tions or claims submitted in violation of any provision of this section.
     4    §  2.  This  act  shall take effect on the sixtieth day after it shall
     5  have become a law.    Effective  immediately,  the  addition,  amendment
     6  and/or repeal of any rule or regulation necessary for the implementation
     7  of  this  act  on  its  effective  date  are  authorized  to be made and
     8  completed on or before such effective date.