S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9285
 
                             I N  S E N A T E
 
                                May 9, 2024
                                ___________
 
 Introduced  by  Sen. PERSAUD -- 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  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08823-01-3
 S. 9285                             2
 
 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.