senate Bill S4158

2011-2012 Legislative Session

Provides that depreciation of assets of all self-employed individuals shall not be considered income for purposes of determining eligibility for family health plus

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2012 reported and committed to finance
Jan 04, 2012 referred to health
May 10, 2011 reported and committed to finance
Mar 21, 2011 referred to health

Votes

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May 22, 2012 - Health committee Vote

S4158
14
1
committee
14
Aye
1
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Health committee vote details

Health Committee Vote: May 22, 2012

nay (1)
aye wr (1)
excused (1)

May 10, 2011 - Health committee Vote

S4158
12
1
committee
12
Aye
1
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

Health Committee Vote: May 10, 2011

nay (1)
aye wr (4)

Co-Sponsors

S4158 - Bill Details

See Assembly Version of this Bill:
A6943
Current Committee:
Senate Finance
Law Section:
Social Services Law
Laws Affected:
Amd ยง369-ee, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2009-2010: S280, A1280
2011-2012: S4158

S4158 - Bill Texts

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Provides that depreciation of assets of all self-employed individuals shall not be considered income for purposes of determining eligibility for the family health plus program.

view sponsor memo
BILL NUMBER:S4158

TITLE OF BILL:
An act
to amend the social services law, in relation to the determination of
eligibility for the family health plus program for self-employed
individuals

PURPOSE:
Provides that depreciation of assets of all self-employed individuals
shall not be considered income for purposes of determining
eligibility for family health plus.

SUMMARY OF PROVISIONS:
The Social Services Law is amended as follows: Section 1. Subdivision
2 of section 369-ee of the social services law is amended by adding a
new paragraph (e) to extract depreciated business assets from gross
family income for the purposes of Family Health Plus program. This
amendment will only apply if all necessary approvals under federal
law have been met.

JUSTIFICATION:
New York has made great advances in providing residents with quality
health care at an affordable price. Successful programs like Child
Health Plus and Family Health Plus have helped many families afford
health insurance and better access to needed health care. However,
barriers to program access arise in certain circumstances surrounding
the Family Health Plus program and depreciation of business related
assets for self-employed individuals.

Currently, when a family applies for insurance through the Family
Health Plus program, the family income must be below a certain
threshold (150 percent of the federal poverty level) for eligibility.
Many families who are self-employed seemingly meet this threshold,
yet are prevented from accessing the program, as the family income,
as stated on the program application forms, is required to include
depreciation of business assets.

One segment of the self employed population is especially hard hit by
this. Farmers, by nature of their land and equipment-intensive
business, must purchase expensive farm machinery on an ongoing basis,
and most times add the cost of such machinery to their already
considerable farm
debt load. As a result, depreciation of such machinery, including
tractors, combines and spreaders, is customary in the farm business.
While inclusion of depreciation in income calculations may provide
indications regarding the extent of farm machinery owed for necessary
farm operation, it does not help to accurately reflect actual farm
family income.

For example, a farm family of four may be living on approximately
$22,000 in actual annual farm income, and thus seemingly would be
eligible for Family Health Plus. However, when depreciation of farm
machinery is included in the family income, the same family could
appear to be making $90,000 a year and be prevented from access to
the Family Health Plus program.


As a result, steps must be taken to facilitate access to the Family
Health Plus program for families in these circumstances. This is also
evident in many self-employed individuals.

This legislation is a follow-up to Chapter 101 of the Laws of 2007
which applied only to farm families, but because the federal Centers
for Medicare and Medicaid Services (CMS) believed that the farm-only
waiver enacted by New York State was too narrowly drafted, we have
redrafted the proposal in order to broaden the scope of the
legislation to address CMS's concerns.

LEGISLATIVE HISTORY:
2009-2010- S.280/A.1280 Reilly; Social Services
2008: S.7472/A.10800 Reilly Veto
166
Similar legislation was chaptered in 2007 (Chapter
101), but failed to receive the necessary federal waiver.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all
determinations made on or after such effective date.

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

                                  4158

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 21, 2011
                               ___________

Introduced  by  Sen.  LITTLE -- 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  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.
                                                           LBD10339-01-1

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