Bill Text: NY S04917 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires notice of potential liability for reimbursement of benefits paid to be given to applicants for medical assistance or family health care plus.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-03 - REFERRED TO HEALTH [S04917 Detail]

Download: New_York-2017-S04917-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4917
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 3, 2017
                                       ___________
        Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the social services law, in relation to  requiring  that
          notice  of  potential  liability  be  given  to applicants for medical
          assistance or the family health plus program
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 369 of the social services law is amended by adding
     2  a new subdivision 8 to read as follows:
     3    8.    (a)  No  recovery  action pursuant to this section, sections one
     4  hundred one, one hundred four and one hundred four-b, paragraph  (a)  of
     5  subdivision  three of section three hundred sixty-six, and paragraph (b)
     6  of subdivision two of section three hundred sixty-seven-a of this  chap-
     7  ter  shall  be  made unless the applicant has been informed, in writing,
     8  that he or she may be liable to reimburse the state or the local depart-
     9  ment for such medical  assistance  received  or  for  benefits  received
    10  pursuant thereto.
    11    (b) The written notice shall detail, in plain language, the conditions
    12  under  which  the local department or local social services district may
    13  impose any lien on the personal property or estate  of  a  recipient  of
    14  medical assistance.
    15    (c)  The  commissioner may provide such notice as part of the applica-
    16  tion for medical assistance.
    17    § 2. This act shall take effect on the one hundred eightieth day after
    18  it shall have become a law; provided, that,  effective  immediately  any
    19  rules,  regulations  and  forms necessary to implement the provisions of
    20  this act are authorized and directed to be completed on or  before  such
    21  date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07239-01-7