Senate Bill S1241A

                                 BILL NUMBER:  S1241

 TITLE OF BILL :  An act to amend the social services law, in relation
to notice of determination of eligibility for medical assistance

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation would require the Department of Health to include
information with the eligibility notice to individuals who qualify for
the excess income program of the option to participate in a qualifying
pooled trust as a means of qualifying for medical assistance.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends paragraph (f) of subdivision 5 of section 366 of the
social services law. This amendment would require the department of
health to provide written notice to individuals eligible for the
excess income program of the option to participate in a qualifying
pooled trust as a means for qualifying for medical assistance. The
notice shall be included with the eligibility notice provided to the
applicant. Further, this notice shall include information on how to
participate in a pooled trust.

Section 2 is the effective date.

 JUSTIFICATION :
              

This legislations goal is simply to make more people aware of the
Pooled Trust option, as it would help more Individuals with
disabilities stay in their community by requiring information
regarding it to be included in eligibility notice.

By including the Pooled Trust Option would help ensure more
Individuals with Disabilities can live in the most integrated setting
appropriate with their needs. The Pooled Trust option allows consumers
with Excess Income to use their money the way they wish which is why
this option benefits the consumer directly. The other two methods in
qualifying for Medicaid for Individuals with Disabilities do not
benefit the consumer because the consumer cannot use the money at all.
They must either give the Excess Income back to their Local Department
of Social Services or incur medical expenses to qualify for Medicaid.
The Pooled Trust option is beneficial for consumers as well because it
would help them remain in a community setting.

A pooled trust allows the individual to receive their public benefits
while maintaining a supplemental fund to cover costs such as living
expenses, attorney fees, additional non covered medical care, personal
expenses etc.

Under Medicaid any monthly income in excess has to be spend down on
medical care or home care before Medicaid will provide services.  This
often leaves the individual without sufficient income to pay normal
living expenses. Money that is deposited in a pooled trust is used to
pay these expenses.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :  None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day.