2006 New York Code - Optional Or Continued Membership In Entities Offering Comprehensive Health Services Plans.

 
    §  365-e.  Optional  or  continued  membership  in  entities  offering
  comprehensive health services plans. 1. In  accordance  with  applicable
  federal requirements and subject to the approval of the commissioner and
  the  director  of the budget, a district shall offer to persons eligible
  for  medical  assistance  the  option  of  membership  in   any   health
  maintenance  organization  or  other  entity  which  is  certified under
  article forty-four of the public health  law  or  licensed  pursuant  to
  article  nine-C of the insurance law or otherwise authorized by law, and
  which offers comprehensive health services  plans  to  persons  residing
  within  the  social  services  district  unless  granted a waiver by the
  commissioner on the grounds that  the  organization  or  entity  is  not
  geographically  accessible  so  as  to  provide  medical  assistance  to
  eligible recipients who reside within  the  district  or  that  the  per
  recipient  capitation  rate  is above the expected average per recipient
  fee-for-service cost within  the  local  district  or  that  the  health
  maintenance  organization  or  other  entity  refuses  to  enter  into a
  contract with the district.
    2. Nothwithstanding any inconsistent provision of  law,  persons  who,
  prior  to  becoming  eligible  for medical assistance, are enrolled in a
  health maintenance organization or other entity offering a comprehensive
  health services plan shall be offered  the  option  of  continuing  that
  enrollment.
    3.  The  commissioner  shall  offer  to social services districts such
  technical assistance as may be appropriate to assist in the  development
  of contracts between the districts and such entities.