Assembly Bill A1907

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1907
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by  M. of A. PAULIN, DAVILA -- read once and referred 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 sion 5 of section 366 of the social services law is REPEALED.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.
                                                            LBD05294-01-5
 A. 1907                             2
              

 
   (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, 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].
   § 4. This act shall take effect immediately.