S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6778

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2009
                               ___________

Introduced  by  M.  of  A. SCHIMMINGER -- Multi-Sponsored by -- M. of A.
  HOOPER, J. RIVERA, N. RIVERA, TOWNS -- read once and referred  to  the
  Committee on Social Services

AN  ACT to amend the social services law, in relation to eligibility for
  medical assistance

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  2 of paragraph (n), subparagraph 2 of para-
graph (o), and subparagraph 2 of  paragraph  (p)  of  subdivision  4  of
section  366 of the social services law, subparagraph 2 of paragraph (n)
as added by chapter 584 of the laws of 1989, subparagraph 2 of paragraph
(o) and subparagraph 2 of paragraph (p) as amended by section 97 of part
B of chapter 436 of the laws of 1997, are amended to read as follows:
  (2) For purposes of this paragraph, resources available to such  fami-
lies  OF  LESS  THAN  FIFTY THOUSAND DOLLARS shall not be considered nor
required to be applied toward the payment or part payment of the cost of
medical assistance care, services  and  supplies  available  under  this
paragraph.
  (2)  For  purposes  of  determining  eligibility under this paragraph,
family income is determined by use  of  the  same  methodology  used  to
determine  eligibility  for  the aid to dependent children program as it
existed on the sixteenth day of July, nineteen  hundred  ninety-six  and
resources  available  to such family OF LESS THAN FIFTY THOUSAND DOLLARS
shall not be considered nor required  to  be  applied  to  the  cost  of
medical care, services or supplies available under this paragraph.
  (2)  For  purposes  of  determining eligibility for medical assistance
under this paragraph, family income shall be  determined by use  of  the
same  methodology used to determine eligibility for the aid to dependent
children program as it existed on the sixteenth day  of  July,  nineteen
hundred ninety-six provided, however, that costs incurred for medical or
remedial  care  shall  not be considered and resources available to such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03978-01-9
              

A. 6778                             2

families OF LESS THAN FIFTY THOUSAND DOLLARS shall not be considered nor
required to be applied toward the payment or part payment of the cost of
medical care, services and supplies available under this paragraph.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have become a law. Effective immediately the commissioners of
health and temporary and disability assistance are authorized to promul-
gate any and all rules and  regulations  and  take  any  other  measures
necessary  to implement this act on its effective date on or before such
date.