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Senate bill · S9573 (2025-26)

Relates to a nursing facility transition and diversion Medicaid waiting list

PassedLatest action Jun 4, 2026

New York State Senate

Same as A11569, the matching bill in the Assembly.

Sponsor

Gustavo Rivera

State Senator, District 33 · Democratic/Working Families

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Summary

Authorizes the commissioner of health to establish nursing facility transition and diversion Medicaid waiting lists per designated waiver region, once the federally approved capacity for the waiver is reached.

Summary from NY Open Legislation. How we handle summaries

Amends the Social Services Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 23, 2026. About our data

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Purpose, from the sponsor's memo

This bill ensures transparent, equitable, and regionally based access to the Nursing Home Transition and Diversion (NHTD) Medicaid Waiver program by requiring the Department of Health (DOH) to establish and maintain waiting lists once federally approved waiver capacity is reached, and to draw individuals from the waiting lists in an orderly and fair manner.

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

Where it stands

Passed the legislature and is awaiting a signature.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Health · New York State Assembly

Also referred to Health · New York State Senate, Ways and Means · New York State Assembly.

Cosponsors

Donna Lupardo, Jo Anne Simon and 3 more on Agora

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic5

Shown in neutral colors by design; Agora is non-partisan.

The sponsor's argument

Why Gustavo Rivera says this is needed

The Nursing Home Transition and Diversion (NHTD) Medicaid Program exists to allow eligible individuals, 65 years and older or those with physical disabilities, to receive services in a community-based setting. NHTD provides a variety of home based care services, intended to prolong the amount of time before a patient goes into a nursing home, or allowing some individuals to leave a nursing home and return to their communities while supporting their independence. The current system is managed as a statewide program with a maximum set number of participants and once that threshold is reached, enrollment is either paused or the waiver is amended to increase said threshold if it is larger than what is approved by the federal Centers for Medicare and Medicaid Services. This statewide system paired with the enrollment pause creates a barrier for individuals looking to apply for the waiver after the threshold is reached. Once an individual applies for the NHTD waiver after the threshold is reached, a letter will disclose that their referral to the NHTD waiver program will no longer be considered. This bill will make the Department of Health (DOH) establish specified waiver regions and form region-based waitlists for the NHTD program once the federally approved capacity has been reached. Having a waitlist divvyed up by region makes this system more seamless and effective for eligible users; and individuals who apply for the NHTD waiver will have increased transparency on the status and location of their application. The bill would also allow DOH to draw from the waitlist out of order to identify and provide services to eligible individuals and populations who are the most in need of care. An additional issue is that the current state of open applications may have been lost prior to the waiver being capped. Extending the NHTD to January 1, 2032 will make enough time for these individuals to have their needs assessed, increasing their accessibility to care and ensur- ing fairness in the application waiver process.

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.

Recorded votes

  • Vote: Floor vote

    NY SenateJun 2, 2026Result: passed

    (61) (0) (0) (2)
  • Vote: Committee vote · Health

    Senate HealthApr 21, 2026Result: passed

    (15) (0) (0) (0)

Full history

  1. Jun 4, 2026

    Ordered to Third Reading Rules CAL.529

    ORDERED TO THIRD READING RULES CAL.529

    NY Assembly

  2. Jun 4, 2026

    Passed a chamber

    PASSED ASSEMBLY

    NY Assembly

  3. Jun 4, 2026

    Reported out of committee

    REPORTED REFERRED TO RULES

    NY Assembly

  4. Jun 4, 2026

    Substituted

    SUBSTITUTED FOR A11569

    NY Assembly

  5. Jun 2, 2026

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

Show full history (10 earlier events)
  1. Jun 2, 2026

    Enacting Clause Stricken

    ENACTING CLAUSE STRICKEN

    NY Assembly

  2. Jun 2, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  3. Jun 2, 2026

    Referred to committee

    REFERRED TO WAYS AND MEANS

    NY Assembly

  4. Apr 27, 2026

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  5. Apr 22, 2026

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  6. Apr 21, 2026

    1ST Report CAL.814

    1ST REPORT CAL.814

    NY Senate

  7. Mar 25, 2026

    Referred to committee

    REFERRED TO HEALTH

    NY Senate

  8. Mar 17, 2026

    Reported out of committee

    REPORTED REFERRED TO WAYS AND MEANS

    NY Assembly

  9. Mar 11, 2026

    Amend and Recommit to Health

    AMEND AND RECOMMIT TO HEALTH

    NY Assembly

  10. Mar 3, 2026

    Referred to committee

    REFERRED TO HEALTH

    NY Assembly