Senate Bill S3103

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 - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 14, 2010	committee discharged and committed to health
Jan 06, 2010	referred to social services
May 29, 2009	print number 3103a
May 29, 2009	amend and recommit to health
Apr 21, 2009	reported and committed to health
Mar 10, 2009	referred to social services

Bill Amendments

Original

A (Active)

co-Sponsors

2009-S3103 - Details

Current Committee:: Senate Health
Laws Affected:: Amd §369, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S294
2013-2014: S443
2015-2016: S263
2017-2018: S4917

2009-S3103 - 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-S3103 - Sponsor Memo

                                 BILL NUMBER:  S3103

 TITLE OF BILL :
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


 PURPOSE OR GENERAL IDEA OF BILL :
Requires notice of potential liability to be given to applicants for
medical assistance or family health care plus.

 SUMMARY OF SPECIFIC PROVISIONS :
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.
Applicant shall sign a separate acknowledgement from, provided by the
department of health, which shall be maintained in the applicant's
file.

 JUSTIFICATION :
Sylvia Bayron worked for an organization for twenty years which
provided her with medical insurance coverage. During her employment
she was diagnosed with cancer, was treated for her illness and
returned back to work. Two years later Ms. Bayron was once again

diagnosed with cancer, but her organization was closing their doors,
no longer offering medical insurance coverage. This situation led her
to apply for Medicaid. Sylvia Bayron's estate which only consists of a
cooperative apartment valued at a little over $100,000 is indebted to
the Department of Social Services of the City of New York for the
public assistance granted in the form of Medicaid from January 4, 2001
through March 31, 2004 in the total amount of $243,542.23. Sylvia
Bayron died on March 31, 2004 with the belief that she was leaving her
daughter the cooperative apartment that she had worked hard for.
People are not aware or given notification that if they apply for
public assistance in a time of need, if they own property, they may be
liable for repayment of the assistance given even after death.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
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.

2009-S3103 - Bill Text download pdf

co-Sponsors

2009-S3103A (ACTIVE) - Details

Current Committee:: Senate Health
Laws Affected:: Amd §369, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S294
2013-2014: S443
2015-2016: S263
2017-2018: S4917

2009-S3103A (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-S3103A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3103A

 TITLE OF BILL :

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


 PURPOSE OR GENERAL IDEA OF BILL :

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

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends Section 369 of the social services law by adding a
new subdivision 8 to require that no recovery action shall be made
unless the applicant has been informed in writing that such applicant
may be liable to reimburse the state or local department for benefits
received through medical assistance or family health plus.

Specifies the requirements of the written notice.

States that the commissioner may provide such notice as part of the
application for medical assistance.

 JUSTIFICATION :

Sylvia Bayron worked for an organization for twenty years which
provided her with medical insurance coverage. During her employment
she was diagnosed with cancer, was treated for her illness and
returned back to work. Two years later Ms. Bayron was once again
diagnosed with cancer, but her organization was closing their doors,
no longer offering medical insurance coverage. This situation led her
to apply for Medicaid. Sylvia Bayron's estate which only consists of a
cooperative apartment valued at a little over $100,000 is indebted to
the Department of Social Services of the City of New York for the
public assistance granted in the form of Medicaid from January 4, 2001
through March 31, 2004 in the total amount of $243,542.23.  Sylvia
Bayron died on March 31, 2004 with the belief that she was leaving her
daughter the cooperative apartment that she had worked hard for.
People are not aware or given notification that if they apply for
public assistance in a time of need, if they own property, they may be
liable for repayment of the assistance given even after death.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
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.

2009-S3103A (ACTIVE) - Bill Text download pdf

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

                                 3103--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 10, 2009
                               ___________

Introduced  by  Sens.  DIAZ,  HASSELL-THOMPSON, KRUGER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Social  Services -- reported favorably from said committee and commit-
  ted to the Committee on Health -- 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.

                                                           LBD09200-02-9

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Senate Bill S3103

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

co-Sponsors

2009-S3103 - Details

2009-S3103 - Summary

2009-S3103 - Sponsor Memo

2009-S3103 - Bill Text download pdf

co-Sponsors

2009-S3103A (ACTIVE) - Details

2009-S3103A (ACTIVE) - Summary

2009-S3103A (ACTIVE) - Sponsor Memo

2009-S3103A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Ruben Diaz

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

co-Sponsors

Ruth Hassell-Thompson

Carl Kruger

2009-S3103 - Details

2009-S3103 - Summary

2009-S3103 - Sponsor Memo

2009-S3103 - Bill Text download pdf

co-Sponsors

Ruth Hassell-Thompson

Carl Kruger

2009-S3103A (ACTIVE) - Details

2009-S3103A (ACTIVE) - Summary

2009-S3103A (ACTIVE) - Sponsor Memo

2009-S3103A (ACTIVE) - Bill Text download pdf

Comments