Bill Text: NY A05317 | 2023-2024 | General Assembly | Introduced

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Bill Title: Allows for certain disability benefits to continue in the event an individual who is receiving such benefits gets married; provides that the marriage to another individual which would otherwise make an individual ineligible for certain disability benefits shall not be considered if such individual is already receiving disability benefits at the time of becoming married and continues to meet certain criteria.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2024-01-03 - referred to health [A05317 Detail]

Download: New_York-2023-A05317-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5317

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      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:

     1    Section  1. Clause (iv) of subparagraph 5 of paragraph (a) of subdivi-
     2  sion 1 of section 366 of the social services law, as added by section  1
     3  of  part  D  of  chapter  56  of the laws of 2013, is amended to read as
     4  follows:
     5    (iv) Married couples. In the case of a married couple living together,
     6  each spouse will be included in  the  household  of  the  other  spouse,
     7  regardless  of  whether  they  expect  to  file a joint tax return under
     8  section six thousand thirteen of the internal revenue  code  or  whether
     9  one spouse expects to be claimed as a tax dependent by the other spouse.
    10  Provided,  however, that for purposes of eligibility determination under
    11  subparagraphs five and six of  paragraph  (c)  of  this  subdivision,  a
    12  spouse shall not be included in the household of the other spouse if one
    13  spouse  is receiving benefits as an unmarried individual and as a result
    14  of getting married would no longer be eligible to receive such benefits.
    15    § 2. Subdivision 12 of section 367-a of the social  services  law,  as
    16  amended  by  section  42 of part B of chapter 57 of the laws of 2015, is
    17  amended to read as follows:
    18    12. (a) Prior to receiving medical assistance under subparagraphs five
    19  and six of paragraph (c) of subdivision one  of  section  three  hundred
    20  sixty-six of this title, a person whose net available income is at least
    21  one  hundred  fifty  percent  of  the applicable federal income official
    22  poverty line, as defined and updated by the United States department  of
    23  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

     1  with a procedure to be established by the commissioner.  The  amount  of
     2  such  premium  shall  be  twenty-five  dollars  for an individual who is
     3  otherwise eligible for medical assistance under such subparagraphs,  and
     4  fifty  dollars  for  a  couple,  both of whom are otherwise eligible for
     5  medical  assistance  under  such  subparagraphs.  No  premium  shall  be
     6  required  from  a  person  whose  net  available income is less than one
     7  hundred fifty percent of the applicable federal income official  poverty
     8  line,  as  defined and updated by the United States department of health
     9  and human services.
    10    (b) Any unmarried individual who is receiving medical assistance under
    11  subparagraphs five and six  of  paragraph  (c)  of  subdivision  one  of
    12  section  three  hundred  sixty-six  of  this title at the time he or she
    13  becomes a married individual shall continue to pay the  monthly  premium
    14  individual rate, if he or she marries an individual who is otherwise not
    15  eligible  for  medical  assistance  under such subparagraphs, so long as
    16  such individual continues to satisfy the necessary criteria described in
    17  such subparagraphs as if he or she were an unmarried individual.
    18    § 3. The social services law is amended by adding a new section  366-j
    19  to read as follows:
    20    § 366-j. Retention of disability benefits for certain married individ-
    21  uals.  Notwithstanding  any law, rule or regulation to the contrary, any
    22  unmarried individual who is entitled to and currently receiving  medical
    23  assistance  benefits  under  this title based on a disability, who would
    24  become ineligible to continue receiving such medical assistance benefits
    25  if he or she were married, shall remain eligible for such benefits if he
    26  or she chooses to marry so long as such individual continues to  satisfy
    27  the  criteria  to  be eligible for such benefits as if he or she were an
    28  unmarried individual.
    29    § 4. This act shall take effect immediately.