2018 New York Laws
MHY - Mental Hygiene
Title E - General Provisions
Article 67 - Interstate Relations
67.09 - Medicaid Home and Community Based Services Eligibility for Dependants 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.