§ 365-n. Department of health assumption of program administration. 1.\nNotwithstanding the provisions of title two of article three of this\nchapter or of section three hundred sixty-five of this title or of any\nother law to the contrary, the commissioner of health (commissioner) is\nauthorized to take actions explicitly authorized by this section that\nare necessary to transfer responsibility for the administration of the\nmedical assistance program from local social services districts to the\ndepartment of health (department) by March thirty-first, two thousand\neighteen.\n 2. For purposes of this section, the administration of the medical\nassistance program includes: processing applications for benefits and\nservices available under this title and title eleven-D of this article;\nmaking determinations of initial and ongoing eligibility for such\nbenefits and services; making coverage determinations with respect to\nbenefits and services requiring prior authorization; notifying\napplicants and recipients of these determinations and of their rights\nand responsibilities, authorizing benefits and services for persons\nfound eligible; exercising subrogation rights with respect to amounts\nreceived from insurance carriers or other liable third parties; imposing\nliens and pursuing recoveries; and any other such tasks and functions\nidentified by the commissioner.\n 3. Notwithstanding sections sixty-one, sixty-three, seventy,\nseventy-eight, seventy-nine, eighty-one and eighty-one-a of the civil\nservice law or any provisions to the contrary contained in any general,\nspecial, or local laws, all lawful appointees of a county performing the\nfunctions established in subdivision two of this section as of the\neffective date of this section or any such appointees who meet the open\ncompetitive qualifications for positions established to perform these\nfunctions will be eligible for voluntary transfer to appropriate\npositions, in the department, that are classified to perform such\nfunctions without further examination, qualification, or probationary\nperiod; and, upon such transfer, will have all the rights and privileges\nof the jurisdictional classification to which such positions are\nallocated in the classified service of the state.\n 4. Within one hundred twenty days of the effective date of this\nsection, the department shall develop and implement a local department\nof social services statement of interest. The statement of interest will\nelicit from local departments of social services their interest in and\ncapacity to contract with the department to perform the functions\nestablished in subdivision two of this section. To the extent\npracticable and in the best interest of the medical assistance program,\nthe department shall contract with local social services districts to\nperform all or a portion of the functions described in subdivision two\nof this section. In no event, however, shall the department, by means\nof such a contract, delegate its authority to exercise administrative\ndiscretion in the administration or supervision of the state plan for\nmedical assistance submitted pursuant to section three hundred\nsixty-three-a of this title, or to issue policies, rules, and\nregulations on program matters nor may any contracted entity be given\nthe authority to change or disapprove any administrative decision of the\ndepartment, or otherwise substitute such entity's judgment for that of\nthe department with respect to the application of policies, rules, and\nregulations issued by the department. Notwithstanding any inconsistent\nprovision of sections one hundred twelve and one hundred sixty-three of\nthe state finance law, or sections one hundred forty-two and one hundred\nforty-three of the economic development law, or any other contrary\nprovision of law, the commissioner is authorized to enter into a\ncontract with local departments of social services without a competitive\nbid or request for proposal proces
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.