STATE OF NEW YORK ________________________________________________________________________ 1499 2025-2026 Regular Sessions IN SENATE January 10, 2025 ___________ Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT directing the commissioner of health to apply for a waiver to implement a work requirement for able-bodied adult recipients of Medi- caid The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The commissioner of health shall prepare and submit to the 2 Centers for Medicare and Medicaid Services an application for a waiver, 3 pursuant to section 1115 of the Social Security Act, 42 USC 1315, to 4 allow the state to implement a program incentivizing community engage- 5 ment and employment among able-bodied, working-age adults with the goal 6 of empowering program participants and providing them with the necessary 7 tools to seek and obtain employment and transition to self-sufficiency. 8 Such waiver shall include the following: 9 1. A requirement that every able-bodied, working-age adult enrolled in 10 the Medicaid program participate in community engagement or employment 11 activities. The following Medicaid program participants shall not be 12 subject to the requirement for participation in community engagement or 13 employment activities: 14 a. children under the age of 18 or individuals under the age of 19 who 15 are participating in secondary education; 16 b. individuals age 65 years and older; individuals who qualify for 17 medical assistance services due to blindness or disability, including 18 individuals who receive services pursuant to a waiver under federal law; 19 c. individuals residing in institutions; individuals determined to be 20 medically frail; 21 d. pregnant and postpartum individuals; 22 e. former foster children under the age of 26; and 23 f. individuals who are the primary caregiver for a dependent, includ- 24 ing a dependent child or adult dependent with a disability. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04387-01-5S. 1499 2 1 2. Requirements for gradually escalating participation in community 2 engagement and employment activities, as follows: 3 a. three months after enrollment, at least five hours per week; 4 b. six months after enrollment, at least ten hours per week; 5 c. nine months after enrollment, at least fifteen hours per week; and 6 d. twelve months after enrollment, at least twenty hours per week. 7 3. Provisions for satisfaction of the requirement for participation in 8 community engagement and employment activities through: 9 a. participation in job skills training; 10 b. job search activities; education related to employment; 11 c. general education, including participation in a program of prepara- 12 tion for the General Education Development (GED) certification examina- 13 tion, Test Assessing Secondary Completion (TASC) or community college 14 courses; 15 d. vocational education and training; 16 e. subsidized or unsubsidized employment; 17 f. community work experience; community service or public service; or 18 g. caregiving services for a nondependent relative or other person 19 with a chronic, disabling health condition. 20 4. Provisions for monitoring, evaluating, and assessing the effective- 21 ness of the demonstration program in improving the health and wellness 22 of program participants and furthering the objectives of the Medicaid 23 program. 24 § 2. The commissioner of health shall report to the governor, the 25 speaker of the assembly and the temporary president of the senate on the 26 status of the waiver application required pursuant to this act by Janu- 27 ary 1, 2026. 28 § 3. This act shall take effect immediately.