S T A T E O F N E W Y O R K
________________________________________________________________________
1841
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. GIBSON -- read once and referred to the Committee
on Social Services
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.
LBD00613-01-3