Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 |
senate Bill S4779
Signed By GovernorSponsored By
Kemp Hannon
(R, C, IP) 0 Senate District
Archive: Last Bill Status Via A6743 - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
Your Voice
Actions
Votes
Co-Sponsors
Robert G. Ortt
(R, C, IP) 62nd Senate District
William J. Larkin, Jr.
(R, C) 0 Senate District
S4779 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6743
- Law Section:
- Social Services Law
- Laws Affected:
- Amd §366, Soc Serv L
S4779 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4779 TITLE OF BILL : 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 PURPOSE : Provides that individuals may establish Medicaid Supplemental Needs Trusts for their own benefit, without a court order. SUMMARY OF PROVISIONS : This legislation amends New York Social Services Law 366(b)(2)(iii) in order to harmonize State law with the new federal provisions that enable non-elderly individuals with disabilities to establish their own SNT without having to file a petition with a court. JUSTIFICATION : Federal law historically provided that a special needs trust could only be established by parents, grandparents, legal guardians, or a court. Individuals wanting to set up special needs trusts for themselves were required to file a petition with a court. As part of the 21st Century Cures Act adopted in late 2016, the federal law regarding Medicaid Supplemental Needs Trusts ("SNTs") was amended to
S4779 (ACTIVE) - 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.
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