N.Y. Mental Hygiene Law § 67.09: Medicaid home and community based services eligibility for dependents of certain military service members

§ 67.09 Medicaid home and community based services eligibility for

dependents of certain military service members.

(a) A dependent of a member of the armed forces of the United States

or the organized militia of the state, who is a legal resident of this

state, having previously been determined to be eligible for

developmental disability services provided by the office for people with

developmental disabilities (OPWDD), including waiver services provided

under the home and community based services programs authorized under

Section 1915(c) of the Social Security Act, shall retain eligibility for

those developmental disability services as long as he or she remains a

legal resident of the state, regardless of having left the state due to

the service member's military assignment outside the state, and as long

as he or she is otherwise eligible for such services.

(b) For dependents who received developmental disability services and

who left the state due to the military service member's military

assignment outside the state, upon the dependent's return to the state

and when a request for services is made OPWDD shall:

(1) determine the dependent's eligibility for services, which may

include a request for waiver services provided under the home and

community based services programs authorized under Section 1915(c) of

the Social Security Act;

(2) provide to the dependent notification of the determination of

eligibility for services, which includes notification of a denial of

services if applicable;

(3) provide the dependent an opportunity to contest OPWDD's

determination through the appeals process established by OPWDD; and

(4) resume services if the individual remains eligible.

(c) As a condition of continued eligibility for services under

subdivision (a) of this section, a depended must inform OPWDD of their

current address and provide updates as requested by OPWDD.

(d) No payment pursuant to this section shall be made for home and

community based services provided outside the State of New York.

(e) For purposes of this section, "dependent" shall be defined

consistent with the federal tax code.