NY State Senate Bill S1241A

Archive: Last Bill Status Via A5175 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 18, 2017	approval memo.46 signed chap.475
Dec 06, 2017	delivered to governor
Jun 12, 2017	returned to assembly passed senate 3rd reading cal.715 substituted for s1241a
Jun 12, 2017	substituted by a5175a
May 08, 2017	advanced to third reading
May 03, 2017	2nd report cal.
May 02, 2017	1st report cal.715
Mar 17, 2017	print number 1241a
Mar 17, 2017	amend and recommit to health
Jan 06, 2017	referred to health

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S1241 - Details

See Assembly Version of this Bill:: A5175
Law Section:: Social Services Law
Laws Affected:: Amd §366, Soc Serv L

S1241 - Summary

Requires written notice to individuals eligible for the excess income program of the option to participate in a qualifying pooled trust as a means of qualifying for medical assistance.

S1241 - Sponsor Memo

 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.

S1241 - Bill Text download pdf


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

                                  1241

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 6, 2017
                               ___________

Introduced  by  Sen.  ORTT  --  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 notice of deter-
  mination of eligibility for medical assistance

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

  Section 1. Paragraph (f) of subdivision 5 of section 366 of the social
services  law, as relettered by section 26-a of part C of chapter 109 of
the laws of 2006, is relettered paragraph (g) and a new paragraph (f) is
added to read as follows:
  (F) THE DEPARTMENT SHALL PROVIDE WRITTEN NOTICE TO INDIVIDUALS  ELIGI-
BLE  FOR  THE  EXCESS  INCOME  PROGRAM OF THE OPTION TO PARTICIPATE IN A
QUALIFYING POOLED TRUST AS A MEANS OF QUALIFYING FOR MEDICAL  ASSISTANCE
UNDER  THIS  SECTION. SUCH NOTICE SHALL BE INCLUDED WITH THE ELIGIBILITY
NOTICE PROVIDED TO SUCH APPLICANTS AND/OR RECIPIENTS.  ANY  SUCH  NOTICE
SHALL INCLUDE INFORMATION ON HOW TO PARTICIPATE IN A POOLED TRUST.
  §  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04837-01-7

Co-Sponsors

S1241A (ACTIVE) - Details

See Assembly Version of this Bill:: A5175
Law Section:: Social Services Law
Laws Affected:: Amd §366, Soc Serv L

S1241A (ACTIVE) - Summary

Requires written notice to individuals eligible for the excess income program of the option to participate in a qualifying pooled trust as a means of qualifying for medical assistance.

S1241A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S1241A

 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
trust as a means of qualifying for medical assistance.

 SUMMARY OF 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
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 trust. Section 2 is the effective date.

 JUSTIFICATION :

This legislation's goal is simply to make more people aware of the

trust option, as it would help more individuals with disabilities stay
in their communities by requiring information regarding individual and
pooled special needs trusts to be included in eligibility notices.
Including the trust option would help ensure that more individuals
with disabilities can live in the most integrated setting appropriate
to their needs. The other two methods allowing individuals with
disabilities with excess income to qualify for Medicaid 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 enough medical expenses to qualify for
Medicaid. The trust option is beneficial for consumers because it
helps them maximize their resources and remain in a community setting.
A 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
spent 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 trust is
used to pay these expenses.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day.

S1241A (ACTIVE) - Bill Text download pdf


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

                                 1241--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 6, 2017
                               ___________

Introduced  by  Sens.  ORTT,  CARLUCCI, GALLIVAN, HAMILTON, RANZENHOFER,
  ROBACH -- read twice and ordered  printed,  and  when  printed  to  be
  committed  to  the  Committee  on Health -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the social services law, in relation to notice of deter-
  mination of eligibility for medical assistance

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

  Section 1. Paragraph (f) of subdivision 5 of section 366 of the social
services law, as relettered by section 26-a of part C of chapter 109  of
the laws of 2006, is relettered paragraph (g) and a new paragraph (f) is
added to read as follows:
  (F)  THE  DEPARTMENT SHALL PROVIDE WRITTEN NOTICE UNDER THIS PARAGRAPH
TO AN APPLICANT FOR OR RECIPIENT OF MEDICAL ASSISTANCE WHO IS OR REASON-
ABLY APPEARS TO BE ELIGIBLE FOR MEDICAL  ASSISTANCE  UNDER  SUBPARAGRAPH
TWO  OF  PARAGRAPH  (C)  OF  SUBDIVISION ONE OF THIS SECTION, EXCEPT FOR
HAVING INCOME EXCEEDING  APPLICABLE  INCOME  LEVELS.  THE  NOTICE  SHALL
EXPLAIN,  IN  PLAIN LANGUAGE, THE RULES FOR DEPOSITING INCOME IN A TRUST
THAT MAY ENABLE AN APPLICANT OR RECIPIENT  WHO  IS  DISABLED  TO  BECOME
ELIGIBLE  FOR  MEDICAL ASSISTANCE UNDER CLAUSE (III) OF SUBPARAGRAPH TWO
OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION. THE NOTICE SHALL BE
INCLUDED WITH THE ELIGIBILITY NOTICE PROVIDED  TO  SUCH  APPLICANTS  AND
RECIPIENTS.    THE  NOTICE SHALL INCLUDE INFORMATION ON HOW TO ENROLL IN
SUCH A TRUST AND HOW TO REQUEST THAT THE LOCAL SOCIAL SERVICES  DISTRICT
REBUDGET MEDICAL ASSISTANCE BASED ON PARTICIPATION IN SUCH A TRUST. THIS
PARAGRAPH SHALL NOT BE CONSTRUED TO CHANGE ANY CRITERION FOR ELIGIBILITY
FOR MEDICAL ASSISTANCE.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04837-07-7

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The New York State Senate

senate Bill S1241A

Sponsored By

Archive: Last Bill Status Via A5175 - Signed by Governor

Your Voice

Actions

Votes

Jun 12, 2017 - floor Vote

Floor Vote: Jun 12, 2017

May 2, 2017 - Health committee Vote

Health Committee Vote: May 2, 2017

Bill Amendments

Co-Sponsors

S1241 - Details

S1241 - Summary

S1241 - Sponsor Memo

S1241 - Bill Text download pdf

Co-Sponsors

S1241A (ACTIVE) - Details

S1241A (ACTIVE) - Summary

S1241A (ACTIVE) - Sponsor Memo

S1241A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1241A

Share this bill

Sponsored By

Archive: Last Bill Status Via A5175 - Signed by Governor

Your Voice

Actions

Votes

Jun 12, 2017 - floor Vote

Floor Vote: Jun 12, 2017

May 2, 2017 - Health committee Vote

Health Committee Vote: May 2, 2017

Bill Amendments

Co-Sponsors

S1241 - Details

S1241 - Summary

S1241 - Sponsor Memo

S1241 - Bill Text download pdf

Co-Sponsors

S1241A (ACTIVE) - Details

S1241A (ACTIVE) - Summary

S1241A (ACTIVE) - Sponsor Memo

S1241A (ACTIVE) - Bill Text download pdf

Comments