S294-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 9, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO HEALTH
• Feb 22, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO HEALTH

S294-2011 Meetings

S294-2011 Memo

BILL NUMBER:S294

TITLE OF BILL:
An act
to amend the social services law, in relation to requiring that notice
of potential liability be given to applicants for medical assistance or
the family health plus program

PURPOSE OR GENERAL IDEA OF BILL:
Requires notice of potential liability to be given to applicants for
medical assistance or family health care plus.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 Amends section 369 of the Social Services Law by adding a
new subdivision 8.
Requires that an applicant for Medical Assistance and Child Health
Plus shall be fully informed, orally and in writing, that such
applicant may be liable to reimburse the state or the local social
services department for such medical assistance received or for
benefits received pursuant thereto. Applicant shall sign a separate
acknowledgement form provided by the department of health, which
shall be maintained in the applicant's file.

EXISTING LAW:
None.

JUSTIFICATION:
Sylvia Bayron worked for an organization for twenty years which
provided her with medical insurance coverage. During her employment
she was diagnosed with cancer, was treated for her illness and
returned back to work. Two years later Ms. Bayron was once again
diagnosed with cancer, but her organization was closing their doors,
no longer offering medical insurance coverage. This situation led her
to apply for Medicaid. Sylvia Bayron's estate which only consists of
a cooperative apartment valued at a little over $100,000 is indebted
to the Department of social Services of the City of New York for the
public assistance granted in the form of Medicaid from January 4,
2001 through March 31, 2004 in the total amount of $243,542.23.
Sylvia Bayron died on March 31, 2004 with the belief that she was
leaving her daughter the cooperative apartment that she had worked
hard for.
People are not aware or given notification that if they apply for
public assistance in a time of need, if they own property, they may
be liable for repayment of the assistance given even after death.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, that, effective immediately any
rules, regulations and forms necessary to implement the provisions of


this act are authorized and directed to be completed on or before
such date.

S294-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          294
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen.  DIAZ  --  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  requiring  that
 notice  of  potential  liability  be  given  to applicants for medical
 assistance or the family health plus program
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 369 of the social services law is amended by adding
 a new subdivision 8 to read as follows:

 8.    (A)  NO  RECOVERY  ACTION PURSUANT TO THIS SECTION, SECTIONS ONE
 HUNDRED ONE, ONE HUNDRED FOUR AND ONE HUNDRED FOUR-B, PARAGRAPH  (A)  OF
 SUBDIVISION  THREE  OF SECTION THREE HUNDRED SIXTY-SIX, SUBPARAGRAPH ONE
 OF PARAGRAPH (H) OF SUBDIVISION FOUR OF SECTION THREE HUNDRED SIXTY-SIX,
 AND PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION THREE HUNDRED SIXTY-SEV
 EN-A OF THIS CHAPTER  SHALL  BE  MADE  UNLESS  THE  APPLICANT  HAS  BEEN
 INFORMED,  IN  WRITING,  THAT  HE  OR SHE MAY BE LIABLE TO REIMBURSE THE
 STATE OR THE LOCAL DEPARTMENT FOR SUCH MEDICAL  ASSISTANCE  RECEIVED  OR
 FOR BENEFITS RECEIVED PURSUANT THERETO.
 (B) THE WRITTEN NOTICE SHALL DETAIL, IN PLAIN LANGUAGE, THE CONDITIONS
 UNDER  WHICH  THE LOCAL DEPARTMENT OR LOCAL SOCIAL SERVICES DISTRICT MAY
 IMPOSE ANY LIEN ON THE PERSONAL PROPERTY OR ESTATE  OF  A  RECIPIENT  OF
 MEDICAL ASSISTANCE.
 (C)  THE  COMMISSIONER MAY PROVIDE SUCH NOTICE AS PART OF THE APPLICA
 TION FOR MEDICAL ASSISTANCE.
 

S 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, that,  effective  immediately  any
 rules,  regulations  and  forms necessary to implement the provisions of
 this act are authorized and directed to be completed on or  before  such
 date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02465-01-1

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