Senate Bill S3554

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3554
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2025
                                ___________
 
 Introduced  by Sens. CLEARE, WEBB -- 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  increasing  the
   amount of the savings exemption for eligibility for Medicaid
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Subparagraph 4 of  paragraph  (a)  of  subdivision  2  of
 section  366 of the social services law, as amended by section 3 of part
 AAA of chapter 56 of the laws of 2022, is amended to read as follows:
   (4) savings in amounts equal to [one  hundred  fifty  percent  of  the
 income  amount  permitted  under  subparagraph  seven of this paragraph,
 provided, however, that the amounts for one and  two  person  households
 shall  not  be  less than the amounts permitted to be retained by house-
 holds of the same size in order to qualify for benefits under the feder-
 al supplemental security income program] THREE HUNDRED THOUSAND DOLLARS;
   § 2. Subparagraph 5 of paragraph (c) of subdivision 1 of  section  366
 of  the  social  services  law, as amended by chapter 583 of the laws of
 2023, is amended to read as follows:
   (5) A disabled individual at least sixteen years of age, but under the
 age of sixty-five, who: would be eligible for benefits under the supple-
 mental security income program but for earnings in excess of the  allow-
 able  limit;  has  net available income that does not exceed two 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,  for  a  one-person or two-person household, as defined by the
 commissioner in regulation; has household resources, as defined in para-
 graph (e) of subdivision two of section  three  hundred  sixty-six-c  of
 this  title,  other  than  retirement  accounts, that do not exceed [one
 hundred fifty percent of the income amount permitted under  subparagraph
 seven  of  paragraph  (a) of subdivision two of this section, for a one-
 person or two-person  household]  THREE  HUNDRED  THOUSAND  DOLLARS,  as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00970-02-5
              

 S. 3554                             2
 
 defined  by  the commissioner in regulation; and contributes to the cost
 of medical assistance provided pursuant to this subparagraph in  accord-
 ance  with  subdivision twelve of section three hundred sixty-seven-a of
 this  title;  for purposes of this subparagraph, disabled means having a
 medically determinable impairment of sufficient severity and duration to
 qualify for benefits under section 1902(a)(10)(A)(ii)(xv) of the  social
 security act.
   §  3.  This  act shall take effect January 1, 2026; provided, however,
 that the effectiveness of sections one and two  of  this  act  shall  be
 subject  to federal financial participation; provided, further, however,
 that the commissioner of health shall notify the legislative bill draft-
 ing commission upon the occurrence of federal financial participation in
 order that the commission may maintain an accurate and timely  effective
 data  base  of the official text of the laws of the state of New York in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers  law.  Effective  imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.