S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  1280
                       2009-2010 Regular Sessions
                          I N  A S S E M B L Y
                               (PREFILED)
                             January 7, 2009
                               ___________
Introduced by M. of A. REILLY -- read once and referred to the Committee
  on Social Services
AN  ACT  to  amend  the social services law, in relation to the determi-
  nation of eligibility for the family health plus program for  self-em-
  ployed individuals
  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. Paragraph (d) of subdivision 2 of  section  369-ee  of  the
social  services  law,  as  added by chapter 101 of the laws of 2007, is
amended to read as follows:
  [(d)] (E) For purposes of determining income eligibility  pursuant  to
this  subdivision,  depreciation  of  assets  owned by [a] self-employed
[individual operating a farm  operation  as  defined  in  section  three
hundred one of the agriculture and markets law] INDIVIDUALS, as included
on  the Internal Revenue Service Form 1040 of the applicable year, shall
not be included as part of the gross family  income.  If  all  necessary
approvals  relating  to  this paragraph under federal law and regulation
have not been obtained to receive federal financial participation,  then
this  paragraph  shall  not  apply;  however,  that shall not affect the
status of any other provision of this title.
  S 2. This act shall take effect immediately and  shall  apply  to  all
determinations made on or after such effective date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00853-01-9