Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jul 22, 2020 |
referred to ways and means delivered to assembly passed senate ordered to third reading cal.902 |
Jul 20, 2020 |
reported and committed to rules |
May 15, 2020 |
referred to health |
Senate Bill S8337
2019-2020 Legislative Session
Sponsored By
(D, WF) 33rd Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D) Senate District
(D) 26th Senate District
2019-S8337 (ACTIVE) - Details
2019-S8337 (ACTIVE) - Summary
Relates to the definition of the "look-back period" for the determination of eligibility of an individual for medical assistance benefits and exempts certain assets used on the individual's behalf or for care services provided to the individual by a family member or informal caregiver.
2019-S8337 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8337 SPONSOR: RIVERA TITLE OF BILL: An act to amend the social services law, in relation to the determi- nation of eligibility for medical assistance benefits PURPOSE OR GENERAL IDEA OF BILL: to clarify that the 2 1/2 year lookback period for home care commencing in October 2020 would only look at transfers occurring after that date, list conditions that lessen the resulting penalty period, and enable home care to be provided under immediate need through attestation. SUMMARY OF SPECIFIC PROVISIONS: The bill makes corrections to Social Services Law § 366. It clarifies that the asset transfer look-back period for long term home care services applies to transfers made on and after Oct,l, 2020, so it does not have retroactive effect. It identifies caregiving actions that would
2019-S8337 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8337 I N S E N A T E May 15, 2020 ___________ Introduced by Sen. RIVERA -- 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 determi- nation of eligibility for medical assistance benefits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Clause (vi) of subparagraph 1 of paragraph (e) of subdivi- sion 5 of section 366 of the social services law, as amended by section 13 of part MM of chapter 56 of the laws of 2020, is amended to read as follows: (vi) "look-back period" means the sixty-month period immediately preceding the date that an institutionalized individual is both institu- tionalized and has applied for medical assistance, or in the case of a non-institutionalized individual, subject to federal approval, FOR TRANSFERS MADE ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY, the thir- ty-month period immediately preceding the date that such non-institu- tionalized individual applies for medical assistance coverage of long term care services. Nothing herein precludes a review of eligibility for retroactive authorization for medical expenses incurred during the three months prior to the month of application for medical assistance. § 2. Clauses (iii) and (iv) of subparagraph 4 of paragraph (e) of subdivision 5 of section 366 of the social services law, as added by section 26-a of part C of chapter 109 of the laws of 2006, are amended and a new clause (v) is added to read as follows: (iii) a satisfactory showing is made that: (A) the individual or the individual's spouse intended to dispose of the assets either at fair market value, or for other valuable consideration; or (B) the assets were transferred exclusively for a purpose other than to qualify for medical assistance; or (C) all assets transferred for less than fair market value have been returned to the individual OR USED ON THE INDI- VIDUAL'S BEHALF; or (iv) denial of eligibility would cause an undue hardship, such that application of the transfer of assets provision would deprive the indi- vidual of medical care such that the individual's health or life would EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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