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.