Bill Text: NY S09285 | 2023-2024 | General Assembly | Introduced

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Bill Title: Allows for certain disability benefits to continue in the event an individual who is receiving such benefits gets married; provides that the marriage to another individual which would otherwise make an individual ineligible for certain disability benefits shall not be considered if such individual is already receiving disability benefits at the time of becoming married and continues to meet certain criteria.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-09 - REFERRED TO HEALTH [S09285 Detail]

Download: New_York-2023-S09285-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9285

                    IN SENATE

                                       May 9, 2024
                                       ___________

        Introduced  by  Sen. PERSAUD -- 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  allowing  for
          certain disability benefits to continue in the event an individual who
          is receiving such benefits gets married

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

     1    Section 1. Clause (iv) of subparagraph 5 of paragraph (a) of  subdivi-
     2  sion  1 of section 366 of the social services law, as added by section 1
     3  of part D of chapter 56 of the laws of  2013,  is  amended  to  read  as
     4  follows:
     5    (iv) Married couples. In the case of a married couple living together,
     6  each  spouse  will  be  included  in  the household of the other spouse,
     7  regardless of whether they expect to  file  a  joint  tax  return  under
     8  section  six  thousand  thirteen of the internal revenue code or whether
     9  one spouse expects to be claimed as a tax dependent by the other spouse.
    10  Provided, however, that for purposes of eligibility determination  under
    11  subparagraphs  five  and  six  of  paragraph  (c) of this subdivision, a
    12  spouse shall not be included in the household of the other spouse if one
    13  spouse is receiving benefits as an unmarried individual and as a  result
    14  of getting married would no longer be eligible to receive such benefits.
    15    §  2.  Subdivision  12 of section 367-a of the social services law, as
    16  amended by section 42 of part B of chapter 57 of the laws  of  2015,  is
    17  amended to read as follows:
    18    12. (a) Prior to receiving medical assistance under subparagraphs five
    19  and  six  of  paragraph  (c) of subdivision one of section three hundred
    20  sixty-six of this title, a person whose net available income is at least
    21  one hundred fifty percent of  the  applicable  federal  income  official
    22  poverty  line, as defined and updated by the United States department of
    23  health and human services, must pay a  monthly  premium,  in  accordance
    24  with  a  procedure  to be established by the commissioner. The amount of
    25  such premium shall be twenty-five  dollars  for  an  individual  who  is
    26  otherwise  eligible for medical assistance under such subparagraphs, and
    27  fifty dollars for a couple, both of  whom  are  otherwise  eligible  for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08823-01-3
        S. 9285                             2

     1  medical  assistance  under  such  subparagraphs.  No  premium  shall  be
     2  required from a person whose net  available  income  is  less  than  one
     3  hundred  fifty percent of the applicable federal income official poverty
     4  line,  as  defined and updated by the United States department of health
     5  and human services.
     6    (b) Any unmarried individual who is receiving medical assistance under
     7  subparagraphs five and six  of  paragraph  (c)  of  subdivision  one  of
     8  section  three  hundred  sixty-six  of  this title at the time he or she
     9  becomes a married individual shall continue to pay the  monthly  premium
    10  individual rate, if he or she marries an individual who is otherwise not
    11  eligible  for  medical  assistance  under such subparagraphs, so long as
    12  such individual continues to satisfy the necessary criteria described in
    13  such subparagraphs as if he or she were an unmarried individual.
    14    § 3. The social services law is amended by adding a new section  366-j
    15  to read as follows:
    16    § 366-j. Retention of disability benefits for certain married individ-
    17  uals.  Notwithstanding  any law, rule or regulation to the contrary, any
    18  unmarried individual who is entitled to and currently receiving  medical
    19  assistance  benefits  under  this title based on a disability, who would
    20  become ineligible to continue receiving such medical assistance benefits
    21  if he or she were married, shall remain eligible for such benefits if he
    22  or she chooses to marry so long as such individual continues to  satisfy
    23  the  criteria  to  be eligible for such benefits as if he or she were an
    24  unmarried individual.
    25    § 4. This act shall take effect immediately.