senate Bill S2542A

2021-2022 Legislative Session

Relates to the definition of the "look-back period" for the determination of eligibility of an individual for medical assistance benefits

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Sponsored By

Current Bill Status - In Senate Committee Health Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 23, 2021 print number 2542a
Apr 23, 2021 amend and recommit to health
Jan 21, 2021 referred to health

Co-Sponsors

view additional co-sponsors

S2542 - Details

See Assembly Version of this Bill:
A833
Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Amd §§366 & 366-a, Soc Serv L
Versions Introduced in 2019-2020 Legislative Session:
S8337, A10489

S2542 - Summary

Relates to the definition of the "look-back period" for the determination of eligibility of an individual for medical assistance benefits; exempts certain assets used on the individual's behalf or for care services provided to the individual by a family member or informal caregiver.

S2542 - Sponsor Memo

S2542 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2542
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2021
                                ___________
 
 Introduced  by  Sens.  RIVERA,  BIAGGI,  GAUGHRAN,  GOUNARDES,  HOYLMAN,
   KAPLAN, KRUEGER, LIU, MAY, MYRIE -- 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-ONE, the
 thirty-month period immediately preceding the date that such  non-insti-
 tutionalized  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00585-01-1

Co-Sponsors

view additional co-sponsors

S2542A (ACTIVE) - Details

See Assembly Version of this Bill:
A833
Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Amd §§366 & 366-a, Soc Serv L
Versions Introduced in 2019-2020 Legislative Session:
S8337, A10489

S2542A (ACTIVE) - Summary

Relates to the definition of the "look-back period" for the determination of eligibility of an individual for medical assistance benefits; exempts certain assets used on the individual's behalf or for care services provided to the individual by a family member or informal caregiver.

S2542A (ACTIVE) - Sponsor Memo

S2542A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2542--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2021
                                ___________
 
 Introduced  by  Sens.  RIVERA,  BIAGGI,  GAUGHRAN,  GOUNARDES,  HOYLMAN,
   KAPLAN, KRUEGER, LIU, MAY, MYRIE, SKOUFIS -- 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 committee

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

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