S T A T E O F N E W Y O R K
________________________________________________________________________
5317
2023-2024 Regular Sessions
I N A S S E M B L Y
March 7, 2023
___________
Introduced by M. of A. SIMON -- Multi-Sponsored by -- M. of A. AUBRY,
CONRAD, CUNNINGHAM, DARLING, DINOWITZ, KELLES, REYES -- read once and
referred to the Committee on Health
AN ACT to amend the social services law, in relation to allowing for
certain disability benefits to continue in the event an individual who
is receiving such benefits gets married
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Clause (iv) of subparagraph 5 of paragraph (a) of subdivi-
sion 1 of section 366 of the social services law, as added by section 1
of part D of chapter 56 of the laws of 2013, is amended to read as
follows:
(iv) Married couples. In the case of a married couple living together,
each spouse will be included in the household of the other spouse,
regardless of whether they expect to file a joint tax return under
section six thousand thirteen of the internal revenue code or whether
one spouse expects to be claimed as a tax dependent by the other spouse.
PROVIDED, HOWEVER, THAT FOR PURPOSES OF ELIGIBILITY DETERMINATION UNDER
SUBPARAGRAPHS FIVE AND SIX OF PARAGRAPH (C) OF THIS SUBDIVISION, A
SPOUSE SHALL NOT BE INCLUDED IN THE HOUSEHOLD OF THE OTHER SPOUSE IF ONE
SPOUSE IS RECEIVING BENEFITS AS AN UNMARRIED INDIVIDUAL AND AS A RESULT
OF GETTING MARRIED WOULD NO LONGER BE ELIGIBLE TO RECEIVE SUCH BENEFITS.
§ 2. Subdivision 12 of section 367-a of the social services law, as
amended by section 42 of part B of chapter 57 of the laws of 2015, is
amended to read as follows:
12. (A) Prior to receiving medical assistance under subparagraphs five
and six of paragraph (c) of subdivision one of section three hundred
sixty-six of this title, a person whose net available income is at least
one hundred fifty percent of the applicable federal income official
poverty line, as defined and updated by the United States department of
health and human services, must pay a monthly premium, in accordance
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08823-01-3
A. 5317 2
with a procedure to be established by the commissioner. The amount of
such premium shall be twenty-five dollars for an individual who is
otherwise eligible for medical assistance under such subparagraphs, and
fifty dollars for a couple, both of whom are otherwise eligible for
medical assistance under such subparagraphs. No premium shall be
required from a person whose net available income is less than one
hundred fifty percent of the applicable federal income official poverty
line, as defined and updated by the United States department of health
and human services.
(B) ANY UNMARRIED INDIVIDUAL WHO IS RECEIVING MEDICAL ASSISTANCE UNDER
SUBPARAGRAPHS FIVE AND SIX OF PARAGRAPH (C) OF SUBDIVISION ONE OF
SECTION THREE HUNDRED SIXTY-SIX OF THIS TITLE AT THE TIME HE OR SHE
BECOMES A MARRIED INDIVIDUAL SHALL CONTINUE TO PAY THE MONTHLY PREMIUM
INDIVIDUAL RATE, IF HE OR SHE MARRIES AN INDIVIDUAL WHO IS OTHERWISE NOT
ELIGIBLE FOR MEDICAL ASSISTANCE UNDER SUCH SUBPARAGRAPHS, SO LONG AS
SUCH INDIVIDUAL CONTINUES TO SATISFY THE NECESSARY CRITERIA DESCRIBED IN
SUCH SUBPARAGRAPHS AS IF HE OR SHE WERE AN UNMARRIED INDIVIDUAL.
§ 3. The social services law is amended by adding a new section 366-j
to read as follows:
§ 366-J. RETENTION OF DISABILITY BENEFITS FOR CERTAIN MARRIED INDIVID-
UALS. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, ANY
UNMARRIED INDIVIDUAL WHO IS ENTITLED TO AND CURRENTLY RECEIVING MEDICAL
ASSISTANCE BENEFITS UNDER THIS TITLE BASED ON A DISABILITY, WHO WOULD
BECOME INELIGIBLE TO CONTINUE RECEIVING SUCH MEDICAL ASSISTANCE BENEFITS
IF HE OR SHE WERE MARRIED, SHALL REMAIN ELIGIBLE FOR SUCH BENEFITS IF HE
OR SHE CHOOSES TO MARRY SO LONG AS SUCH INDIVIDUAL CONTINUES TO SATISFY
THE CRITERIA TO BE ELIGIBLE FOR SUCH BENEFITS AS IF HE OR SHE WERE AN
UNMARRIED INDIVIDUAL.
§ 4. This act shall take effect immediately.