S T A T E O F N E W Y O R K
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3156
2011-2012 Regular Sessions
I N A S S E M B L Y
January 24, 2011
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Introduced by M. of A. JACOBS, McENENY -- read once and referred to the
Committee on Social Services
AN ACT to amend the social services law, in relation to eligibility for
medical assistance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 122 of the social services law is
amended by adding a new paragraph (i) to read as follows:
(I) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE PERSONS WHO ARE ELIGI-
BLE FOR MEDICAL ASSISTANCE, EXCEPT THAT MEDICAL ASSISTANCE IS LIMITED TO
CARE AND SERVICES (NOT INCLUDING CARE AND SERVICES RELATED TO AN ORGAN
TRANSPLANT PROCEDURE) NECESSARY FOR THE TREATMENT OF AN EMERGENCY
MEDICAL CONDITION AS THAT TERM IS DEFINED IN SECTION 1903 OF THE FEDERAL
SOCIAL SECURITY ACT FROM APPLYING FOR AND RECEIVING SUCH ASSISTANCE
PRIOR TO THE ONSET OF AN EMERGENCY MEDICAL CONDITION. ELIGIBILITY DETER-
MINATIONS FOR SUCH MEDICAL ASSISTANCE SHALL BE MADE CONSISTENT WITH
SECTION THREE HUNDRED SIXTY-SIX-A OF THIS CHAPTER, INCLUDING BUT NOT
LIMITED TO TIMEFRAMES FOR ELIGIBILITY DETERMINATIONS AND PROVISION OF
IDENTIFICATION CARDS, AND PROVIDED FURTHER THAT THE ABSENCE OF AN EMER-
GENCY MEDICAL CONDITION SHALL NOT BE CONSIDERED IN SUCH ELIGIBILITY
DETERMINATIONS.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04317-01-1