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Assembly Bill A5900

2009-2010 Legislative Session

Requires notice of potential liability to be given to applicants for medical assistance or family health care plus

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Archive: Last Bill Status - Stricken

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Bill Amendments

2009-A5900 - Details

Laws Affected:
Amd §369, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9987
2013-2014: A1841

2009-A5900 - Summary

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

2009-A5900 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5900

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by M. of A. PERALTA -- read once and referred to the Commit-
  tee on Social Services

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:

  Section 1. Section 104 of the social services law is amended by adding
a new subdivision 5 to read as follows:
  5.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AN APPLICANT
FOR MEDICAL ASSISTANCE PURSUANT TO TITLE ELEVEN OR ELEVEN-D  OF  ARTICLE
FIVE  OF  THIS  CHAPTER  SHALL BE FULLY INFORMED, ORALLY AND IN WRITING,
THAT HE OR SHE MAY BE LIABLE TO REIMBURSE THE STATE OR THE LOCAL  SOCIAL
SERVICES DEPARTMENT FOR SUCH MEDICAL ASSISTANCE RECEIVED OR FOR BENEFITS
RECEIVED PURSUANT THERETO. SUCH APPLICANT SHALL SIGN A SEPARATE ACKNOWL-
EDGEMENT  FORM,  PROVIDED  BY  THE  DEPARTMENT OF HEALTH, WHICH SHALL BE
MAINTAINED IN THE APPLICANT'S FILE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, that,  effective  immediately  any
rules,  regulations  and  forms necessary to implement the provisions of
this act are authorized and directed to be completed on or  before  such
date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09200-01-9

2009-A5900A (ACTIVE) - Details

Laws Affected:
Amd §369, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9987
2013-2014: A1841

2009-A5900A (ACTIVE) - Summary

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

2009-A5900A (ACTIVE) - Sponsor Memo

2009-A5900A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5900--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by M. of A. PERALTA, ESPAILLAT, FIELDS -- Multi-Sponsored by
  -- M. of A.  BOYLAND -- read once and referred  to  the  Committee  on
  Social   Services  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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:

  Section 1. Section 369 of the social services law is amended by adding
a new subdivision 8 to read as follows:
  8.    (A)  NO  RECOVERY  ACTION PURSUANT TO THIS SECTION, SECTIONS ONE
HUNDRED ONE, ONE HUNDRED FOUR AND ONE HUNDRED FOUR-B, PARAGRAPH  (A)  OF
SUBDIVISION  THREE  OF SECTION THREE HUNDRED SIXTY-SIX, SUBPARAGRAPH ONE
OF PARAGRAPH (H) OF SUBDIVISION FOUR OF SECTION THREE HUNDRED SIXTY-SIX,
AND PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION THREE HUNDRED SIXTY-SEV-
EN-A OF THIS CHAPTER  SHALL  BE  MADE  UNLESS  THE  APPLICANT  HAS  BEEN
INFORMED,  IN  WRITING,  THAT  HE  OR SHE MAY BE LIABLE TO REIMBURSE THE
STATE OR THE LOCAL DEPARTMENT FOR SUCH MEDICAL  ASSISTANCE  RECEIVED  OR
FOR BENEFITS RECEIVED PURSUANT THERETO.
  (B) THE WRITTEN NOTICE SHALL DETAIL, IN PLAIN LANGUAGE, THE CONDITIONS
UNDER  WHICH  THE LOCAL DEPARTMENT OR LOCAL SOCIAL SERVICES DISTRICT MAY
IMPOSE ANY LIEN ON THE PERSONAL PROPERTY OR ESTATE  OF  A  RECIPIENT  OF
MEDICAL ASSISTANCE.
  (C)  THE  COMMISSIONER MAY PROVIDE SUCH NOTICE AS PART OF THE APPLICA-
TION FOR MEDICAL ASSISTANCE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, that,  effective  immediately  any
rules,  regulations  and  forms necessary to implement the provisions of
this act are authorized and directed to be completed on or  before  such
date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09200-03-9

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