Bill Text: NY A09278 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Eliminates the "look-back period" for home care for non-institutionalized Medicaid applicants; repeals a certain provision of law relating thereto.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-02-23 - referred to health [A09278 Detail]

Download: New_York-2023-A09278-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9278

                   IN ASSEMBLY

                                    February 23, 2024
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Health

        AN  ACT  to  amend the social services law, in relation to eliminating a
          "look-back period" for home care  for  non-institutionalized  Medicaid
          applicants;  and  repealing  certain  provisions  of such law relating
          thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Clause (xi) of subparagraph 1 of paragraph (e) of subdivi-
     2  sion 5 of section 366 of the social services law is REPEALED.
     3    § 2. The opening paragraph of  subparagraph  3  of  paragraph  (e)  of
     4  subdivision  5  of section 366 of the social services law, as amended by
     5  section 14 of part MM of chapter 56 of the laws of 2020, is  amended  to
     6  read as follows:
     7    In determining the medical assistance eligibility of an institutional-
     8  ized individual, any transfer of an asset by the individual or the indi-
     9  vidual's spouse for less than fair market value made within or after the
    10  look-back  period  shall  render  the  individual ineligible for nursing
    11  facility services for the period of time specified in subparagraph  five
    12  of this paragraph. [In determining the medical assistance eligibility of
    13  a  non-institutionalized  individual,  any  transfer  of an asset by the
    14  individual or the individual's spouse for less than  fair  market  value
    15  made  within  or  after the look-back period shall render the individual
    16  ineligible for community based long term care services for the period of
    17  time specified in subparagraph five of this paragraph.] For purposes  of
    18  this paragraph:
    19    §  3.  Clause (vi) of subparagraph 1 of paragraph (e) of subdivision 5
    20  of section 366 of the social services law, as amended by section  13  of
    21  part  MM  of  chapter  56  of  the  laws  of 2020, is amended to read as
    22  follows:
    23    (vi) "look-back  period"  means  the  sixty-month  period  immediately
    24  preceding the date that an institutionalized individual is both institu-
    25  tionalized  and has applied for medical assistance[, or in the case of a
    26  non-institutionalized individual, subject to federal approval, the thir-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10787-01-3
        A. 9278                             2

     1  ty-month period immediately preceding the date  that  such  non-institu-
     2  tionalized  individual  applies  for medical assistance coverage of long
     3  term care services. Nothing herein precludes a review of eligibility for
     4  retroactive authorization for medical expenses incurred during the three
     5  months prior to the month of application for medical assistance].
     6    § 4. This act shall take effect immediately.