S T A T E   O F   N E W   Y O R K
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    S. 5402                                                  A. 7816

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 18, 2011
                               ___________

IN  SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Health

IN ASSEMBLY -- Introduced by M. of  A.  MALLIOTAKIS  --  read  once  and
  referred to the Committee on Health

AN ACT to amend the social services law, in relation to income eligibil-
  ity;  to  amend  chapter  436  of  the  laws of 1997, constituting the
  welfare reform act of 1997, in relation to persons who are subject  to
  the  photograph identification requirements established by the commis-
  sioner of health for the medical assistance  program;  and  to  repeal
  certain  provisions  of  the  social  services law, relating to income
  eligibility of certain persons

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Clauses (ii) and (iii) of subparagraph 1 and subparagraphs
3 and 4 of paragraph (a) of subdivision 1 of section 366 of  the  social
services  law,  as  amended by section 58 of part C of chapter 58 of the
laws of 2009, are amended to read as follows:
  (ii) such person [shall not be subject to a resource  test]  MAY  HAVE
RESOURCES  UP  TO THE AMOUNT SPECIFIED IN SUBPARAGRAPH FOUR OF PARAGRAPH
(A) OF SUBDIVISION TWO OF THIS SECTION;
  (iii) a person whose income [is] AND RESOURCES ARE within the  [limit]
LIMITS  set  forth in [clause] CLAUSES (i) AND (II) of this subparagraph
shall be deemed to have unmet needs  for  purposes  of  the  eligibility
requirements of the safety net program as it existed on the first day of
November, nineteen hundred ninety-seven;
  (3)  is  a  child under the age of twenty-one years receiving care (A)
away from his own home in accordance with title two of  article  six  of
this  chapter;  (B) during the initial thirty days of placement with the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES pursuant  to
section  353.3 of the family court act; (C) in an authorized agency when

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10968-02-1
              

S. 5402                             2                            A. 7816

placed pursuant to section seven hundred fifty-six or 353.3 of the fami-
ly court act; or (D) in residence at a division foster family home or  a
division  contract  home, and has not, according to the criteria promul-
gated  by  the  department,  sufficient  income AND RESOURCES, including
available support from his  parents,  to  meet  all  costs  of  required
medical care and services available under this title; or
  (4) is receiving care, in the case of and in connection with the birth
of  an out of wedlock child, in accordance with title two of article six
of this chapter, and has not, according to the criteria  promulgated  by
the  department,  sufficient  income  AND RESOURCES, including available
support from responsible  relatives,  to  meet  all  costs  of  required
medical care and services available under this title; or
  S  2.  Subparagraphs  5,  6 and 8 of paragraph (a) of subdivision 1 of
section 366 of the social services law, subparagraphs 5 and 6 as amended
by section 59 of part C of chapter 58 of the laws of 2009,  subparagraph
8 as separately amended by sections 59 and 63 of part C of chapter 58 of
the laws of 2009, are amended to read as follows:
  (5)  although  not  receiving public assistance or care for his or her
maintenance under other provisions of this chapter, has  NOT,  ACCORDING
TO  THE  CRITERIA AND STANDARDS ESTABLISHED BY THIS ARTICLE OR BY ACTION
OF THE DEPARTMENT, SUFFICIENT income and resources, including  available
support  from  responsible  relatives, [that does not exceed the amounts
set forth in paragraph (a) of subdivision two of this section,] TO  MEET
ALL  THE  COSTS OF MEDICAL CARE AND SERVICES AVAILABLE UNDER THIS TITLE,
and is (i) UNDER THE AGE OF TWENTY-ONE YEARS, OR sixty-five years of age
or older, or certified blind or certified disabled or (ii) A SPOUSE OF A
CASH PUBLIC ASSISTANCE RECIPIENT LIVING WITH HIM OR HER AND ESSENTIAL OR
NECESSARY TO HIS OR HER WELFARE AND WHOSE NEEDS ARE TAKEN  INTO  ACCOUNT
IN  DETERMINING  THE  AMOUNT  OF  HIS  OR  HER CASH PAYMENT OR (III) for
reasons other than income or resources[,]: (A) is eligible  for  federal
supplemental  security income benefits and/or additional state payments;
OR (B) WOULD MEET THE ELIGIBILITY REQUIREMENTS OF THE AID  TO  DEPENDENT
CHILDREN  PROGRAM  AS  IT EXISTED ON THE SIXTEENTH DAY OF JULY, NINETEEN
HUNDRED NINETY-SIX; or
  (6) is a resident of a home for adults operated by a  social  services
district  or a residential care center for adults or community residence
operated or certified by the office  of  mental  health,  and  has  not,
according to criteria promulgated by the department consistent with this
title,  sufficient  income[, or in the case of a person sixty-five years
of age or older, certified  blind,  or  certified  disabled,  sufficient
income]  and  resources,  including  available  support from responsible
relatives, to meet all the costs of required medical care  and  services
available under this title; or
  (8)  is  a  member of a family which contains a dependent child living
with a caretaker relative, which has[: (i) subject to  the  approval  of
the federal Centers for Medicare and Medicaid services, gross income not
in  excess of one hundred percent of the federal income official poverty
line (as defined and annually revised by the federal office  of  manage-
ment  and  budget)  for  a  family of the same size as the families that
include the children or (ii) in  the  absence  of  such  approval,]  net
available  income  not  in  excess  of one hundred thirty percent of the
highest amount that ordinarily would have been paid to a person  without
any  income  or  resources  under  the  family  assistance program as it
existed on the first day of November, nineteen hundred ninety-seven,  to
be  increased annually by the same percentage as the percentage increase
in the federal  consumer  price  index,  AND  WHICH  HAS  NET  AVAILABLE

S. 5402                             3                            A. 7816

RESOURCES  NOT IN EXCESS OF THE AMOUNT SPECIFIED IN SUBPARAGRAPH FOUR OF
PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION; for purposes  of  this
subparagraph,  the  net available income AND RESOURCES of a family shall
be  determined using the methodology of the family assistance program as
it exists on the first day of November, nineteen  hundred  ninety-seven,
except  that no part of the methodology of the family assistance program
will be used which is more restrictive than the methodology of  the  aid
to  dependent  children  program  as  it existed on the sixteenth day of
July, nineteen hundred ninety-six; for purposes  of  this  subparagraph,
the  term  dependent  child means a person under twenty-one years of age
who is deprived of parental support or care  by  reason  of  the  death,
continued  absence,  or physical or mental incapacity of a parent, or by
reason of the unemployment of the parent, as defined by  the  department
of health; or
  S 3. Subparagraph 5-a of paragraph (a) of subdivision 1 of section 366
of the social services law is REPEALED.
  S  4. Subparagraph 10 of paragraph (a) of subdivision 1 of section 366
of the social services law, as amended by section  59-a  of  part  C  of
chapter 58 of the laws of 2009, is amended to read as follows:
  (10)  is  a  child  who  is  under twenty-one years of age, who is not
living with a caretaker relative, who has net available  income  not  in
excess  of  the  income standards of the family assistance program as it
existed on the first day of November, nineteen hundred ninety-seven, AND
WHO HAS NET AVAILABLE RESOURCES NOT IN EXCESS OF ONE  THOUSAND  DOLLARS;
for  purposes of this subparagraph, the child's net available income AND
RESOURCES shall be  determined  using  the  methodology  of  the  family
assistance  program as it existed on the first day of November, nineteen
hundred ninety-seven, except that: (I) THERE  SHALL  BE  DISREGARDED  AN
ADDITIONAL  AMOUNT  OF  RESOURCES  EQUAL  TO  THE DIFFERENCE BETWEEN THE
APPLICABLE RESOURCE STANDARD OF THE  FAMILY  ASSISTANCE  PROGRAM  AS  IT
EXISTS  ON  THE FIRST DAY OF NOVEMBER, NINETEEN HUNDRED NINETY-SEVEN AND
ONE THOUSAND DOLLARS AND (II) no part of the methodology of  the  family
assistance program will be used which is more restrictive than the meth-
odology  of  the  aid to dependent children program as it existed on the
sixteenth day of July, nineteen hundred ninety-six; or
  S 5. Subdivision 1 of section 369-ee of the  social  services  law  is
amended by adding a new paragraph (i) to read as follows:
  (I) "RESOURCES" FOR PURPOSES OF THIS TITLE SHALL HAVE THE SAME MEANING
AS  DETERMINED  IN  ACCORDANCE  WITH PARAGRAPH (A) OF SUBDIVISION TWO OF
SECTION THREE HUNDRED SIXTY-SIX OF THIS ARTICLE.
  S 6. Subdivision 2 of section 369-ee of the  social  services  law  is
amended by adding a new paragraph (c) to read as follows:
  (C)  FOR  THE  PURPOSES  OF THIS TITLE, THE DETERMINATION OF RESOURCES
SHALL BE IN ACCORDANCE WITH PARAGRAPHS (B) AND (C) OF SUBDIVISION TWO OF
SECTION THREE HUNDRED SIXTY-SIX-A OF THIS ARTICLE.
  S 7. The opening paragraph  of  paragraph  (b)  of  subdivision  2  of
section 369-ee of the social services law, as amended by section 59-c of
part C of chapter 58 of the laws of 2009, is amended to read as follows:
  Subject  to  the  provisions  of paragraph (d) of this subdivision, in
order to establish INCOME eligibility  under  this  subdivision,  [which
shall  be  determined  without regard to resources,] an individual shall
provide such documentation as is necessary and sufficient to  initially,
and annually thereafter, determine an applicant's eligibility for cover-
age  under  this  title.  Such  documentation  shall include, but not be
limited to the following, if needed to verify eligibility:

S. 5402                             4                            A. 7816

  S 8.  Subdivision 1 and paragraph (a)  of  subdivision  2  of  section
366-a  of the social services law, as amended by section 60 of part C of
chapter 58 of the laws of 2009, is amended to read as follows:
  1.  Any  person  requesting  medical  assistance  may make application
therefor in person, through another in his OR HER behalf or by  mail  to
the  social  services  official  of  the county, city or town, or to the
service officer of the city or town in which the applicant resides or is
found.  In addition, in the case of a person who is sixty-five years  of
age  or  older  and is a patient in a state hospital for tuberculosis or
for the mentally disabled, applications may be made to the department or
to a social services official designated as the agent of the department.
Notwithstanding any provision of law to the contrary, IN ACCORDANCE WITH
DEPARTMENT REGULATIONS, WHEN AND APPLICATION IS MADE BY MAIL, a personal
interview SHALL BE CONDUCTED with the applicant or with the  person  who
made  application on his or her behalf [shall not be required as part of
a determination of initial or continuing eligibility  pursuant  to  this
title]  WHEN THE APPLICANT CANNOT BE INTERVIEWED DUE TO HIS OR HER PHYS-
ICAL OR MENTAL CONDITION.
  (a) Upon receipt of such application, the appropriate social  services
official, or the department of health or its agent when the applicant is
a  patient  in  a state hospital for the mentally disabled, shall verify
the eligibility of such applicant. In accordance with the regulations of
the department of health, it shall be the responsibility of  the  appli-
cant to provide information and documentation necessary for the determi-
nation of initial and ongoing eligibility for medical assistance.  If an
applicant or recipient is unable to provide necessary documentation, the
public  welfare  official  shall  promptly  cause an investigation to be
made. Where an investigation is necessary, sources of information  other
than public records will be consulted only with permission of the appli-
cant  or  recipient. In the event that such permission is not granted by
the  applicant  or  recipient,  or  necessary  documentation  cannot  be
obtained,  the  social  services official or the department of health or
its agent may suspend or deny medical assistance until such time  as  it
may be satisfied as to the applicant's or recipient's eligibility there-
for.   TO THE EXTENT PRACTICABLE, ANY INTERVIEW CONDUCTED AS A RESULT OF
AN APPLICATION FOR MEDICAL ASSISTANCE SHALL BE CONDUCTED IN THE HOME  OF
THE  PERSON  INTERVIEWED  OR  IN THE INSTITUTION IN WHICH SUCH PERSON IS
RECEIVING MEDICAL ASSISTANCE.
  S 9. Paragraph (a) of  subdivision 5 of section 369-ee of  the  social
services  law,  as  amended by section 61 of part C of chapter 58 of the
laws of 2009, is amended to read as follows:
  (a) [A personal interview with the applicant or with  the  person  who
made application on his or her behalf shall not be required as part of a
determination  of  initial  or  continuing  eligibility pursuant to this
title.]  PERSONAL  INTERVIEWS,  PURSUANT  TO   SECTION   THREE   HUNDRED
SIXTY-SIX-A  OF  THIS  CHAPTER, MAY BE REQUIRED UPON INITIAL APPLICATION
ONLY AND MAY BE CONDUCTED  IN  COMMUNITY  SETTINGS.  Recertification  of
eligibility  shall  take place on no more than an annual basis AND SHALL
NOT REQUIRE A PERSONAL INTERVIEW.   Nothing  herein  shall  abridge  the
participant's  obligation  to  report  changes  in  residency, financial
circumstances or household composition.
  S 10.  Section 23-a of part B of chapter 436  of  the  laws  of  1997,
constituting the welfare reform act of 1997, as amended by section 62 of
part C of chapter 58 of the laws of 2009, is amended to read as follows:
  S 23-a. Notwithstanding any contrary provision thereof, section 266 of
chapter  83 of the laws of 1995 shall apply to applicants for or recipi-

S. 5402                             5                            A. 7816

ents of  public  assistance  and  care,  INCLUDING  MEDICAL  ASSISTANCE;
provided,  however,  that [such section shall not apply to] WITH RESPECT
TO MEDICAL ASSISTANCE, SUCH SECTION SHALL APPLY ONLY TO PERSONS WHO  ARE
SUBJECT TO THE PHOTOGRAPH IDENTIFICATION REQUIREMENTS ESTABLISHED BY THE
COMMISSIONER OF HEALTH FOR the medical assistance program.
  S 11. This act shall take effect immediately.