N.Y. Elder Law § 246: Regulations

§ 246. Regulations. Program regulations shall:

1. Provide for a process of determining and redetermining eligibility

for participation in this program including provisions for submission of

proof of income, age, and residency and information on existing complete

or partial coverage of prescription drug expenses under a third party

assistance or insurance plan;

2. Provide for a fair hearing process pursuant to an agreement with

the department of health for individuals and participating provider

pharmacies to appeal determinations or actions of the contractors;

3. Establish procedures for the state to recover the value of benefits

or payments made under this title, if any, that were based on

applications or claims submitted in violation of any provision of this

title; and

4. Establish procedures to ensure that all information obtained on

persons pursuant to paragraph (a) of subdivision two of section two

hundred forty-three of this title shall remain confidential and shall

not be disclosed to persons or agencies other than those entitled to

such information because such disclosure is necessary for the proper

administration of the program established pursuant to this title.