S T A T E O F N E W Y O R K
________________________________________________________________________
1450
2023-2024 Regular Sessions
I N A S S E M B L Y
January 17, 2023
___________
Introduced by M. of A. L. ROSENTHAL, WEPRIN -- read once and referred to
the Committee on Health
AN ACT to amend the social services law, in relation to authorizing
Medicaid coverage to disabled persons attending an out-of-state
college or university who are in need of continuous medical care
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 366 of the social services law is amended by
adding a new subdivision 16 to read as follows:
16. (A) NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS CHAPTER OR
ANY OTHER PROVISION OF LAW TO THE CONTRARY, A DISABLED PERSON SHALL BE
ELIGIBLE FOR MEDICAL ASSISTANCE WHERE HE OR SHE IS ATTENDING A COLLEGE
OR UNIVERSITY OUTSIDE OF THE STATE AND SUCH PERSON REQUIRES CONTINUOUS
MEDICAL CARE AND IS A DOMICILIARY OF THE STATE OF NEW YORK.
(B) DISABLED PERSONS SHALL CONTINUE TO RECEIVE MEDICAL ASSISTANCE FOR
SERVICES AND CARE THEY RECEIVED WHILE IN THE STATE IF SUCH SERVICES AND
CARE ARE NEEDED WHILE ATTENDING AN OUT-OF-STATE COLLEGE OR UNIVERSITY.
(C) PERSONS ELIGIBLE FOR THE PROVISIONS OF THIS SUBDIVISION SHALL
PROVIDE TO THEIR LOCAL DEPARTMENT OF SOCIAL SERVICES, PROOF OF ENROLL-
MENT EVERY SEMESTER IN THE OUT-OF-STATE COLLEGE OR UNIVERSITY.
(D) FOR PURPOSES OF THIS SUBDIVISION:
(1) "DOMICILIARY" SHALL MEAN A PERSON WHOSE DOMICILE IS WITHIN THE
STATE OF NEW YORK.
(2) "DOMICILE" SHALL MEAN A FIXED, PERMANENT AND PRINCIPAL HOME TO
WHICH A PERSON WHEREVER TEMPORARILY LOCATED ALWAYS INTENDS TO RETURN.
§ 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.
LBD01315-01-3