Bill Text: NY S07328 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to notice of determination of eligibility for medical assistance; provides for written notice and additional electronic information.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-12-21 - SIGNED CHAP.435 [S07328 Detail]

Download: New_York-2017-S07328-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7328
                    IN SENATE
                                     January 5, 2018
                                       ___________
        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the social services law, in relation to notice of deter-
          mination of eligibility for medical assistance; and to repeal  section
          1  of  a chapter of the laws of 2017, amending the social services law
          relating to notice of determination of eligibility for medical assist-
          ance, as proposed in  legislative  bills  numbers  S.  1241-A  and  A.
          5175-A, relating thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 1 of a chapter of the laws of  2017,  amending  the
     2  social  services  law relating to notice of determination of eligibility
     3  for medical assistance, as proposed  in  legislative  bills  numbers  S.
     4  1241-A and A. 5175-A is REPEALED.
     5    §  2.  Subparagraph 2 of paragraph (b) of subdivision 2 of section 366
     6  of the social services law, as added by chapter 170 of the laws of 1994,
     7  is amended by adding a new clause (vi) to read as follows:
     8    (vi) The department shall provide written notice to an  applicant  for
     9  or  recipient  of  medical assistance who is or reasonably appears to be
    10  eligible for medical  assistance  except  for  having  income  exceeding
    11  applicable  income  levels.  The  notice  shall  inform the applicant or
    12  recipient, in plain language, that in certain circumstances the  medical
    13  assistance  program does not count the income of disabled applicants and
    14  recipients if it is placed in a trust described in clause (iii) of  this
    15  subparagraph.  The  notice shall be included with the eligibility notice
    16  provided to such applicants and recipients  and  shall  reference  where
    17  additional  information  may  be found on the department's website. This
    18  clause shall not be construed to change any  criterion  for  eligibility
    19  for medical assistance.
    20    §  3.  This  act  shall  take  effect on the same date and in the same
    21  manner as a chapter of the laws of 2017, amending  the  social  services
    22  law  relating  to  notice  of  determination  of eligibility for medical
    23  assistance, as proposed in legislative bills numbers S.  1241-A  and  A.
    24  5175-A, takes effect.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04837-09-8