Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE A. GOVERNOR'S OFFICE
CHAPTER I. EXECUTIVE ORDERS
PART 5. EXECUTIVE ORDERS (GEORGE E. PATAKI)
Date:
08/31/2009
Document:
ยง 5.113.41 Executive Order-No. 113.41: Temporary Suspension and Modification of Statutory and Regulatory Provisions Concerning Eligibility For Medicaid, Family Health Plus and The Child Health Insurance Plan
WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 113, dated September 11, 2001, except that such Executive Order is amended to provide as follows:
FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend specific provisions of any statute, local law, ordinance, orders, rules or regulations, or parts thereof, of any agency during a State disaster emergency, if compliance with such provisions would prevent, hinder or delay action necessary to cope with the disaster, and for the purpose of ensuring the availability of Medicaid benefits, including Family Health Plus, under titles 11 and 11-D of Article 5 of the Social Services Law and Child Health Insurance Plan ("CHIP") benefits under title I-A of Article 25 of the Public Health Law in the City of New York, and in counties where the ability to authorize and reauthorize such benefits has been compromised by the disaster emergency, as determined by the Commissioner of the New York State Department of Health, I hereby temporarily suspend in the City of New York and in such counties, from September 24, 2001 until further notice, the following laws and regulations:
Sections 366 and 366-a of the Social Services Law, in so far as they would prevent the Commissioner of the New York State Department of Health from providing a temporary period of Medicaid coverage ("Disaster Relief") to eligible persons who apply in New York City and the affected counties, or would prevent the Commissioner from establishing streamlined application procedures for Disaster Relief;
Section 369-ee(2)(b) of the Social Services Law, and Section 360-2.3 of Title 18 of the New York Codes, Rules and Regulations in so far as they would require applicants for Disaster Relief to document their income and resources for purposes of establishing eligibility for such assistance;
Section 366(2) of the Social Services Law, and Subpart 360-4 of Title 18 of the New York Codes, Rules and Regulations, pertaining to financial eligibility for Medicaid, to the extent necessary to provide Disaster Relief to persons who are eligible for but not in receipt of Family Health Plus benefits under Title 11-D of Article 5 of the Social Services Law;
Section 364-j of the Social Services Law, and Subpart 360-10 of Title 18 of the New York Codes, Rules and Regulations, in so far as they would require or allow applicants for Disaster Relief to be enrolled in Medicaid managed care plans;
Section 2511(2)(f) of the Public Health Law in so far as it requires persons currently receiving CHIP to have their eligibility redetermined at least once a year; and
Section 360-2.2 of Title 18 of the New York Codes, Rules and Regulations, in so far as it requires persons currently receiving Medicaid benefits to have their eligibility redetermined at least once a year. Signed: George E. Pataki
|