Relates to eligibility for home care services under medicaid; repealer

Latest action Jan 7, 2026

Removes certain restrictions on eligibility for personal and home care services under medicaid.

Not chosen yet

Where it stands

Out of committee and scheduled for a vote by the full chamber.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

New York State Senate

Same as A1198, the matching bill in the Assembly.

Amends the Social Services Law.

Committee

Health · New York State Assembly

Also referred to Health · New York State Senate.

Purpose, from the sponsor's memo

The bill amends Social Services Law § 365-a and § 365-f to eliminate the requirement that applicants for Medicaid services in the home have to be assessed as needing at least limited assistance with physical maneuver- ing with activities of daily living. The current law qualifies individuals who need assistance with three or more activities of daily living, or for persons with a dementia or Alzheimer's diagnosis, who need assistance with two or more activities of daily living.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

Vote: Committee vote · Health
Senate HealthApr 29, 2025Result: passed
(14) (0) (0) (0)

Cosponsors

Angelo Santabarbara, Anna Kelles and 47 more on Agora

Democratic40
Republican9

See the full list on nysenate.gov

The sponsor's argument

Why Gustavo Rivera says this is needed

Activities of daily living include tasks such as dressing, using the bathroom, moving about one's home, housekeeping, and meals. Assisting persons who are elderly or with disabilities so that they may remain in their homes prevents the higher cost of them entering institutional care. This bill will restore eligibility criteria for home care services and consumer directed personal assistance (CDPA) to the form it existed before the 2020 legislation. This bill will ensure that New York contin- ues to comply with federal requirements under the Olmstead Decision and Community First Choice (CFC). Eligibility criteria for home care services must remain less stringent than that of nursing homes to ensure that services in the least restrictive setting are prioritized as set forth by Olmstead. Additionally, for the State to remain in compliance with CFC, avoid lawsuits, and retain the additional federal funding from the CFC program, we must eliminate any difference in services offered based on the type of disability. The goal of this legislation is to allow individuals to continue to receive these needed services in their homes. For most people, home is the safest, healthiest, and preferred option. Congregate settings should be the last resort and are typically much more costly than home care services. This bill will help minimize institutionalization.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

Jan 7, 2026
Referred to committee
REFERRED TO HEALTH
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO HEALTH
NY Senate
Apr 29, 2025
Reported out of committee
REPORTED AND COMMITTED TO FINANCE
NY Senate
Jan 9, 2025
Referred to committee
REFERRED TO HEALTH
NY Assembly
Jan 8, 2025
Referred to committee
REFERRED TO HEALTH
NY Senate

About this record

Summary: The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
Cosponsors: The list shows the cosponsors who are on Agora, A to Z. The official record may list more.
Party colors: Parties are shown in the same neutral colors.
Source: From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 30, 2026. About our data

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.

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