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Senate Bill S6414

2023-2024 Legislative Session

Eliminates a look-back period for home care for non-institutionalized Medicaid applicants; and repeals a certain provision of the social services law relating thereto

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2023-S6414 (ACTIVE) - Details

See Assembly Version of this Bill:
A9278
Current Committee:
Senate Rules
Law Section:
Social Services Law
Laws Affected:
Rpld §366 sub 5 ¶(e) sub¶ 1 cl (xi), amd §366, Soc Serv L
Versions Introduced in 2025-2026 Legislative Session:
S4786, A1907

2023-S6414 (ACTIVE) - Summary

Eliminates the "look-back period" for home care for non-institutionalized Medicaid applicants; repeals a certain provision of law relating thereto.

2023-S6414 (ACTIVE) - Sponsor Memo

2023-S6414 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6414
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  eliminating  a
   "look-back  period"  for  home care for non-institutionalized Medicaid
   applicants; and repealing certain  provisions  of  such  law  relating
   thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Clause (xi) of subparagraph 1 of paragraph (e) of  subdivi-
 sion 5 of section 366 of the social services law is REPEALED.
   §  2.  The  opening  paragraph  of  subparagraph 3 of paragraph (e) of
 subdivision 5 of section 366 of the social services law, as  amended  by
 section  14  of part MM of chapter 56 of the laws of 2020, is amended to
 read as follows:
   In determining the medical assistance eligibility of an institutional-
 ized individual, any transfer of an asset by the individual or the indi-
 vidual's spouse for less than fair market value made within or after the
 look-back period shall render  the  individual  ineligible  for  nursing
 facility  services for the period of time specified in subparagraph five
 of this paragraph. [In determining the medical assistance eligibility of
 a non-institutionalized individual, any transfer  of  an  asset  by  the
 individual  or  the  individual's spouse for less than fair market value
 made within or after the look-back period shall  render  the  individual
 ineligible for community based long term care services for the period of
 time  specified in subparagraph five of this paragraph.] For purposes of
 this paragraph:
   § 3. Clause (vi) of subparagraph 1 of paragraph (e) of  subdivision  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10787-01-3
 S. 6414                             2

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