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S 3558

Provides for due process procedures for certain persons who have received an offer for transitional care or certain care prior to becoming eligible to receive such care

2025 Regular Session Introduced by Cordell Cleare and 2 co-sponsors

Summary of Bill S 3558 Main Purpose and IntentThe purpose of this bill is to establish due process procedures for individuals who have received an offer for transitional care or ce

REFERRED TO DISABILITIES
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Bill Summary · S 3558

Summary of Bill S 3558

Main Purpose and Intent

The purpose of this bill is to establish due process procedures for individuals who have received an offer for transitional care or certain care prior to becoming eligible to receive such care. The bill aims to ensure that individuals are afforded proper notice and an opportunity to appeal decisions regarding their eligibility or access to these types of care.

Key Provisions

  • Requires that individuals who have received an offer for transitional care or certain care be provided with written notice of the decision and the reasons for it.
  • Grants these individuals the right to appeal the decision and have a hearing before an impartial third party.
  • Establishes timelines for the appeals process, including deadlines for the agency to respond and for the hearing to be scheduled.
  • Directs the relevant state agencies to develop and implement the necessary procedures to administer the appeals process.
  • Prohibits the denial or termination of care while an appeal is pending, except in cases where there is an imminent risk to the individual's health or safety.

Affected Parties

This bill would impact individuals who have received an offer for transitional care or certain types of care, such as long-term care, home health services, or other community-based supports. It would also affect the state agencies responsible for administering these care programs and managing the new appeals process.

Procedural and Timeline Aspects

  • The bill was introduced in the Senate on September 12, 2024 and has been referred to the Disabilities committee.
  • It has a companion bill (A 5133) that has been introduced in the House.
  • This bill is related to several prior-session bills (S 8355, S 3177, A 7799) that addressed similar issues around due process and appeals for care eligibility.
  • If enacted, the relevant state agencies would be required to develop and implement the new appeals procedures within a specified timeframe, likely within 6-12 months of the bill's effective date.

Compiled from official sources — confirm details with the bill’s official record.

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