BILL NUMBER:  S4917

 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 the Social Services Law, section 369 by adding a new
subdivision 8. Requires that an applicant for Medical Assistance and
Family Health Care Plus shall be fully informed 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. Provides that the written notice
shall describe the conditions under which the department or local
social services district may impose a lien. States that the
commissioner may provide such notices as part of the application for
medical assistance.

              

Section 2. Effective Date

 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 consisted 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 :

2016: S.263 - REFERRED TO HEALTH
2015: S.263 - REFERRED TO HEALTH
2014: S.443 - Referred to Health
2013: S.443 - Referred to Health
2012: S.294- Notice of Committee Consideration Requested, Committee
Discharged and Referred to Rules/A.9987 - Referred to Social Services
2011: S.294- Notice of Committee Consideration Requested

 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.