senate Bill S4779

Signed By Governor
2017-2018 Legislative Session

Eliminates from income and resources considered for medical assistance eligibility, the corpus and income of a trust established by a disabled person for his or her own benefit

download bill text pdf

Sponsored By

Current Bill Status Via A6743 - 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 (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 21, 2017 signed chap.187
Aug 09, 2017 delivered to governor
May 24, 2017 returned to assembly
passed senate
3rd reading cal.899
substituted for s4779
May 24, 2017 substituted by a6743
May 15, 2017 advanced to third reading
May 10, 2017 2nd report cal.
May 09, 2017 1st report cal.899
Mar 13, 2017 reported and committed to finance
Feb 28, 2017 referred to health

Co-Sponsors

S4779 - Details

See Assembly Version of this Bill:
A6743
Law Section:
Social Services Law
Laws Affected:
Amd ยง366, Soc Serv L

S4779 - Summary

Eliminates from income and resources considered for medical assistance eligibility, the corpus and income of a trust established by a disabled person for his or her own benefit and payable to the state upon his or her death to the extent of medical assistance benefits paid.

S4779 - Sponsor Memo

S4779 - Bill Text download pdf

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

                                  4779

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 28, 2017
                               ___________

Introduced  by Sens. HANNON, 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 the  eligibility
  of  disabled  persons  who are applicants for or recipients of medical
  assistance

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

  Section 1. Clause (iii) of subparagraph 2 of paragraph (b) of subdivi-
sion  2  of  section 366 of the social services law, as added by chapter
170 of the laws of 1994, subclause (B) as amended by chapter 656 of  the
laws of 1997, is amended to read as follows:
  (iii)  Notwithstanding  the provisions of clauses (i) and (ii) of this
subparagraph, in the case of an applicant or recipient who is  disabled,
as  such  term  is  defined  in section 1614(a)(3) of the federal social
security act, the department must not consider as  available  income  or
resources the corpus or income of the following trusts which comply with
the  provisions  of  the  regulations  authorized by clause (iv) of this
subparagraph: (A) a trust containing the assets of such a disabled indi-
vidual which was established for the benefit of the disabled  individual
while  such individual was under sixty-five years of age by THE INDIVID-
UAL, a parent, grandparent, legal guardian, or court of competent juris-
diction, if upon the death of such individual the state will receive all
amounts remaining in the trust up to the  total  value  of  all  medical
assistance paid on behalf of such individual; (B) and a trust containing
the  assets  of  such a disabled individual established and managed by a
non-profit association which maintains separate accounts for the benefit
of disabled individuals, but, for purposes of investment and  management
of  trust funds, pools the accounts, provided that accounts in the trust
fund are established solely for the benefit of individuals who are disa-
bled as such term is defined in section 1614(a)(3) of the federal social
security act by such disabled individual, a parent,  grandparent,  legal

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10341-01-7

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