Bill Text: NY A05940 | 2023-2024 | General Assembly | Amended

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Bill Title: Increases the amount of the savings exemption for eligibility for Medicaid.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2024-05-24 - print number 5940b [A05940 Detail]

Download: New_York-2023-A05940-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5940--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 24, 2023
                                       ___________

        Introduced  by  M.  of A. KIM, DICKENS, GIBBS, McDONALD, GONZALEZ-ROJAS,
          SEAWRIGHT, DARLING, CHANDLER-WATERMAN, DAVILA -- Multi-Sponsored by --
          M. of A.  COOK -- read once and referred to the Committee on Health --
          recommitted to the Committee on Health  in  accordance  with  Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended  and  recommitted  to  said  committee  --  again
          reported  from  said  committee  with amendments, ordered reprinted as
          amended and recommitted to said committee

        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:

     1    Section 1. Subparagraph 4 of paragraph (a) of subdivision 2 of section
     2  366 of the social services law, as amended by section 43 of  part  C  of
     3  chapter 58 of the laws of 2008, is amended to read as follows:
     4    (4)  savings  in  amounts  equal  to [one hundred fifty percent of the
     5  income amount permitted under  subparagraph  seven  of  this  paragraph,
     6  provided,  however,  that  the amounts for one and two person households
     7  shall not be less than the amounts permitted to be  retained  by  house-
     8  holds of the same size in order to qualify for benefits under the feder-
     9  al supplemental security income program] three hundred thousand dollars;
    10    § 1-a. Subparagraph 4 of paragraph (a) of subdivision 2 of section 366
    11  of the social services law, as amended by section 3 of part AAA of chap-
    12  ter 56 of the laws of 2022, is amended to read as follows:
    13    (4)  savings  in  amounts  equal  to [one hundred fifty percent of the
    14  income amount permitted under  subparagraph  seven  of  this  paragraph,
    15  provided,  however,  that  the amounts for one and two person households
    16  shall not be less than the amounts permitted to be  retained  by  house-
    17  holds of the same size in order to qualify for benefits under the feder-
    18  al supplemental security income program] three hundred thousand dollars;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09634-05-4
        A. 5940--B                          2

     1    §  2.  Subparagraph 5 of paragraph (c) of subdivision 1 of section 366
     2  of the social services law, as amended by chapter 583  of  the  laws  of
     3  2023, is amended to read as follows:
     4    (5) A disabled individual at least sixteen years of age, but under the
     5  age of sixty-five, who: would be eligible for benefits under the supple-
     6  mental  security income program but for earnings in excess of the allow-
     7  able limit; has net available income that does not  exceed  two  hundred
     8  fifty percent of the applicable federal income official poverty line, as
     9  defined  and updated by the United States department of health and human
    10  services, for a one-person or two-person household, as  defined  by  the
    11  commissioner in regulation; has household resources, as defined in para-
    12  graph  (e)  of  subdivision  two of section three hundred sixty-six-c of
    13  this title, other than retirement accounts,  that  do  not  exceed  [one
    14  hundred  fifty percent of the income amount permitted under subparagraph
    15  seven of paragraph (a) of subdivision two of this section,  for  a  one-
    16  person  or  two-person  household]  three  hundred  thousand dollars, as
    17  defined by the commissioner in regulation; and contributes to  the  cost
    18  of  medical assistance provided pursuant to this subparagraph in accord-
    19  ance with subdivision twelve of section three hundred  sixty-seven-a  of
    20  this  title;  for purposes of this subparagraph, disabled means having a
    21  medically determinable impairment of sufficient severity and duration to
    22  qualify for benefits under section 1902(a)(10)(A)(ii)(xv) of the  social
    23  security act.
    24    §  3.  This  act shall take effect January 1, 2025; provided, however,
    25  that if section 3 of part AAA of chapter 56 of the laws  of  2022  shall
    26  not  have taken effect on or before such date then section one-a of this
    27  act shall take effect on the same date and in the same  manner  as  such
    28  section,  takes effect; and provided, further, that the effectiveness of
    29  sections one and two of this act shall be subject to  federal  financial
    30  participation;  provided,  further,  however,  that  the commissioner of
    31  health shall notify the legislative bill drafting  commission  upon  the
    32  occurrence  of federal financial participation in order that the commis-
    33  sion may maintain an accurate and timely  effective  data  base  of  the
    34  official  text  of  the  laws of the state of New York in furtherance of
    35  effectuating the provisions of section 44 of  the  legislative  law  and
    36  section  70-b  of  the  public  officers law. Effective immediately, the
    37  addition, amendment and/or repeal of any rule  or  regulation  necessary
    38  for  the implementation of this act on its effective date are authorized
    39  to be made and completed on or before such effective date.