NY State Assembly Bill 2009-A6926

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2010	print number 6926a
Jan 13, 2010	amend and recommit to judiciary
Jan 06, 2010	referred to judiciary
Mar 17, 2009	referred to judiciary

Bill Amendments

Original

A (Active)

2009-A6926 - Details

See Senate Version of this Bill:: S3377
Current Committee:: Assembly Judiciary
Law Section:: General Business Law
Laws Affected:: Amd §453, Gen Bus L; amd §§209 & 141, Soc Serv L

2009-A6926 - Summary

Authorizes the creation of irrevocable trust accounts for funeral and burial expenses.

2009-A6926 - Bill Text download pdf

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

    S. 3377                                                  A. 6926

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 17, 2009
                               ___________

IN SENATE -- Introduced by Sen. KLEIN -- read twice and ordered printed,
  and  when  printed  to  be  committed  to  the  Committee  on Consumer
  Protection

IN ASSEMBLY -- Introduced by M. of A. PHEFFER -- read once and  referred
  to the Committee on Judiciary

AN ACT to amend the general business law and the social services law, in
  relation to irrevocable trust accounts for funeral and burial expenses

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

  Section 1. Paragraph (d) of subdivision 1 of section 453 of the gener-
al business law, as amended by chapter 557  of  the  laws  of  2001,  is
amended to read as follows:
  (d) Moneys paid for such an agreement for an applicant or recipient of
supplemental  security income benefits under section two hundred nine of
the social services law or of medical  assistance  under  section  three
hundred  sixty-six  of  such law, OR, TO THE EXTENT TREATED AS AN EXEMPT
ASSET UNDER FEDERAL GUIDELINES, FOR A FAMILY MEMBER OF ANY  SUCH  AGREE-
MENT  ESTABLISHED  OR FUNDED BY SUCH AN APPLICANT OR RECIPIENT, shall be
placed into a trust which shall be  irrevocable  but  under  which  such
[applicant/recipient]  APPLICANT/RECIPIENT/PURCHASER  reserves the right
to select any funeral firm, funeral director,  undertaker,  cemetery  or
any  other  person, firm or corporation to whom such payment is made and
to change such selection any time to any type of funeral or any  funeral
firm,  funeral  director,  cemetery  or any other person, firm or corpo-
ration to whom such payment is made, located in the state of New York or
any other state. Any such change must be carried out within ten business
days following receipt of a request by  the  purchaser  to  the  funeral
firm,  funeral  director,  cemetery  or any other person, firm or corpo-
ration to whom such payment is made, with which such  trust  was  estab-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10331-01-9

S. 3377                             2                            A. 6926

lished.  This  requirement is subject to any limits set forth in federal
law or regulation pertaining to disregarded resources or income.
  S  2.  Paragraph  (f)  of  subdivision 3 of section 453 of the general
business law, as added by chapter 660 of the laws of 1996, is amended to
read as follows:
  (f) With respect to an agreement for an irrevocable trust fund  pursu-
ant  to section two hundred nine of the social services law OR PARAGRAPH
(D) OF SUBDIVISION ONE OF THIS SECTION, include the following  statement
in the agreement in conspicuous print of at least twelve point type:
                               DISCLOSURE
  NEW  YORK LAW REQUIRES THIS AGREEMENT TO BE IRREVOCABLE FOR APPLICANTS
FOR RECEIPT OF SUPPLEMENTAL SECURITY BENEFITS UNDER SECTION TWO  HUNDRED
NINE  OF  THE SOCIAL SERVICES LAW OR OF MEDICAL ASSISTANCE UNDER SECTION
THREE HUNDRED SIXTY-SIX OF THE  SOCIAL  SERVICES  LAW  OR  FOR  ACCOUNTS
ESTABLISHED FOR FAMILY MEMBERS UNDER PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION  FOUR  HUNDRED  FIFTY-THREE OF THE GENERAL BUSINESS LAW, AND FOR
THE MONEYS PUT INTO A TRUST UNDER THIS AGREEMENT TO  BE  USED  ONLY  FOR
FUNERAL  AND BURIAL EXPENSES. IF ANY MONEY IS LEFT OVER AFTER [YOUR] THE
FUNERAL AND BURIAL EXPENSES HAVE BEEN PAID, IT WILL GO  TO  THE  COUNTY.
[YOU]  THE  APPLICANT  MAY CHANGE [YOUR] THEIR CHOICE OF FUNERAL HOME AT
ANY TIME, WHILE EACH FAMILY MEMBER MAY DO SO ONLY UPON THE DEATH OF  THE
APPLICANT.
  S  3.  Subdivision  6  of  section  209 of the social services law, as
amended by chapter 660 of the laws of 1996, paragraphs (a)  and  (b)  as
amended  by  chapter  317  of  the  laws  of 2002, is amended to read as
follows:
  6. (a) As applicable federal law, rules and regulations so provide,  a
recipient of supplemental security income benefits or medical assistance
in  the  state  of  New York or any other state, OR THE FAMILY MEMBER OR
MEMBERS OF AN ACCOUNT ESTABLISHED PURSUANT TO PARAGRAPH (D) OF  SUBDIVI-
SION  ONE  OF  SECTION  FOUR HUNDRED FIFTY-THREE OF THE GENERAL BUSINESS
LAW, may establish an irrevocable trust fund for the  exclusive  purpose
of  their funeral and burial. Such trust fund and any accumulated inter-
est not withdrawn by the recipient shall remain  the  responsibility  of
the  funeral  firm,  funeral director, undertaker, cemetery or any other
person, firm or corporation to whom such payment is made  to  administer
for  funeral  and  burial  expenses  of the recipient. Those persons who
establish such a trust fund shall be given the opportunity to select the
funeral firm,  funeral  director,  undertaker,  cemetery  or  any  other
person, firm or corporation to whom such payment is made of their choice
to provide for their burial arrangements and to change such selection at
any  time to any funeral firm, funeral director, undertaker, cemetery or
any other person, firm or corporation to  whom  such  payment  is  made,
located  either  in  the  state of New York or any other state. Any such
change of funeral firm, funeral director, undertaker, cemetery,  or  any
other  person, firm or corporation to whom such payment is made, must be
carried out within ten business days following receipt of a  request  by
the  purchaser  to the funeral firm, funeral director, undertaker, ceme-
tery, or any other person, firm or corporation to whom such  payment  is
made  with  which  the current trust fund was established. Funds in such
trust fund shall be placed in an interest bearing  account  pursuant  to
section  four  hundred  fifty-three of the general business law. Accumu-
lated interest from such account shall not  be  reported  as  "countable
income" pursuant to section two hundred eight of this title.
  (b) An applicant for or a recipient of medical assistance in the state
of  New  York  or  any other state, OR A FAMILY MEMBER BENEFICIARY OF AN

S. 3377                             3                            A. 6926

AGREEMENT UNDER PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED
FIFTY-THREE OF THE GENERAL BUSINESS LAW, who enters  into  an  agreement
pursuant  to SUCH section four hundred fifty-three [of the general busi-
ness law] shall establish a single irrevocable trust fund FOR EACH INDI-
VIDUAL PERSON pursuant to paragraph (a) of this subdivision.
  (c)  A  funeral  firm,  funeral director, undertaker, cemetery, or any
other person, firm or corporation  which  makes  an  agreement  for  and
accepts  payment  for  such an irrevocable trust fund, shall comply with
the provisions of section four hundred fifty-three of the general  busi-
ness  law,  and shall include the following statement in any such agree-
ment in conspicuous print of at least twelve point type:
                               DISCLOSURE
  NEW YORK LAW REQUIRES THIS AGREEMENT TO BE IRREVOCABLE FOR  APPLICANTS
FOR  RECEIPT OF SUPPLEMENTAL SECURITY BENEFITS UNDER SECTION TWO HUNDRED
NINE OF THE SOCIAL SERVICES LAW OR OF MEDICAL ASSISTANCE  UNDER  SECTION
THREE  HUNDRED  SIXTY-SIX  OF  THE  SOCIAL SERVICES LAW, OR FOR ACCOUNTS
ESTABLISHED FOR FAMILY MEMBERS UNDER PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION FOUR HUNDRED FIFTY-THREE OF THE GENERAL BUSINESS  LAW,  AND  FOR
THE  MONEYS  PUT  INTO  A TRUST UNDER THIS AGREEMENT TO BE USED ONLY FOR
FUNERAL AND BURIAL EXPENSES. IF ANY MONEY IS LEFT OVER AFTER [YOUR]  THE
FUNERAL  AND  BURIAL  EXPENSES HAVE BEEN PAID, IT WILL GO TO THE COUNTY.
[YOU] THE APPLICANT MAY CHANGE [YOUR] THEIR CHOICE OF  FUNERAL  HOME  AT
ANY  TIME, WHILE EACH FAMILY MEMBER MAY DO SO ONLY UPON THE DEATH OF THE
APPLICANT.
  (d) Any promotional literature prepared after January first, [nineteen
hundred ninety-seven] TWO THOUSAND TEN by a funeral firm, funeral direc-
tor, undertaker, cemetery, or any other person, firm or corporation  for
prearranged funeral and burial services must contain language disclosing
the  irrevocable nature of burial trusts established for an applicant or
recipient  of  supplemental  security   income   benefits   or   medical
assistance,  OR  PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION
FOUR HUNDRED FIFTY-THREE OF THE GENERAL BUSINESS LAW.
  S 4. Paragraph (g) of subdivision 3 of  section  453  of  the  general
business law, as added by chapter 660 of the laws of 1996, is amended to
read as follows:
  (g) Any promotional literature prepared after January first, [nineteen
hundred ninety-seven] TWO THOUSAND TEN by a funeral firm, funeral direc-
tor,  undertaker, cemetery, or any other person, firm or corporation for
prearranged funeral and burial services must contain language disclosing
the irrevocable nature of burial trusts established for an applicant  or
recipient of supplemental security income benefits or medical assistance
OR PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION.
  S 5. Subdivision 6 of section 141 of the social services law, as added
by chapter 660 of the laws of 1996, is amended to read as follows:
  6.  If an applicant for or a recipient of public assistance or care or
of medical assistance under section two hundred nine  or  three  hundred
sixty-six  of  this chapter dies having established an irrevocable trust
for the payment of his  or  her  funeral  expenses  under  section  four
hundred  fifty-three  of  the  general  business  law, OR, TO THE EXTENT
TREATED AS AN EXEMPT ASSET UNDER FEDERAL GUIDELINES, FOR A FAMILY MEMBER
UNDER  PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF  SECTION  FOUR   HUNDRED
FIFTY-THREE  OF  THE  GENERAL  BUSINESS LAW, any funds remaining in such
trust after the payment of all funeral expenses must be paid over to the
social services official responsible for  arranging  for  burials  under
this  section  in  the  local government subdivision where the [decedent

S. 3377                             4                            A. 6926

resided] APPLICANT OR RECIPIENT WHO FIRST ESTABLISHED  SUCH  IRREVOCABLE
TRUST OR TRUSTS RESIDED AT THE DATE OF THEIR DEATH.
  S  6. This act shall take effect on the first of January next succeed-
ing the date on which it shall become a law and shall apply  to  funeral
and burial accounts established on or after such effective date.

multi-Sponsors

2009-A6926A (ACTIVE) - Details

See Senate Version of this Bill:: S3377
Current Committee:: Assembly Judiciary
Law Section:: General Business Law
Laws Affected:: Amd §453, Gen Bus L; amd §§209 & 141, Soc Serv L

2009-A6926A (ACTIVE) - Summary

Authorizes the creation of irrevocable trust accounts for funeral and burial expenses.

2009-A6926A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A6926A

TITLE OF BILL:  An act to amend the general business law and the social
services law, in relation to irrevocable trust accounts for funeral and
burial expenses

PURPOSE OR GENERAL IDEA OF BILL:  This bill closes an unintended loop-
hole in the pre-need funeral and Medicaid statutes to ensure that any
pre-need funeral account that is established by an applicant or recipi-
ent of Medicaid/SSI to pre-pay the funeral/burial expenses of a family
member must be irrevocable.

SUMMARY OF SPECIFIC PROVISIONS:  Amends Subparagraph (d) of Subdivision
1, Subparagraph (f) of Subdivision 3 and Subparagraph (g) of Subdivision
3 of Section 453 of the General Business law, as well as Subdivision 6
of Section 141 and Subsection 6 of Section 209 of the Social Services
Law. The bill would:

* Ensure that all funds placed in pre-need accounts that are opened by a
Medicaid/55  applicant or recipient for the eventual use by their family
members would actually be used for this purpose.

* Provide that this requirement is incorporated in the current legal
disclosures that must be included in all irrevocable pre-need funeral
agreements.

* Similarly provide that this new family member provision is incorpo-
rated in the current requirement that relates to the language contained
in promotional literature dealing with irrevocable funeral/burial
accounts.

* Ensure consistency with current law by clarifying that any funds
remaining in an irrevocable account after the payment of all
funeral/burial expenses will be transmitted to the social services offi-
cial of the county or, as appropriate, other local government subdivi-
sion where the person opening the account resided at the time of their
death.

* The Amendment to this bill changes the date when this law would apply
for all funeral/burial accounts established on or after January 1, 2011
(instead of 2010), the effective date of the bill.

JUSTIFICATION: New York State law has long afforded individuals the
option to pay their funeral/burial costs in advance by formally estab-
lishing what are known as "pre-need accounts". These accounts are
strictly regulated and appropriately provide the consumer with various
rights and disclosures in relation to the funds he or she has deposited
for this sole purpose.  Indeed, consumers are choosing to do so more
often for their own peace of mind as well as to spare their loved ones
an additional burden at an emotionally wrenching time.

Current law requires that these accounts must be established as "revoca-
ble trusts", but requires that they be "irrevocable trusts" in nature if
opened by an individual who is an applicant for or recipient of Medicaid
or SSI to pay their own funeral/burial expenses.

Recently, however, a growing trend has become apparent where
Medicaid/SSI applicants or clients are establishing pre-need funeral
accounts for the benefit of their family members as part of the "spend-
down" process so they become eligible for Medicaid/SSI.  (Because the
family member beneficiary was not a Medicaid/SST applicant or recipient,
the account, by law must be revocable.)

However, it has been discovered that, in these particular cases, almost
all of these pre-need accounts were immediately closed once the person
who had opened them (the "purchaser") died. This reflects the fact that
this practice is increasingly being encouraged as simply a tool for a
person to spend-down their assets for Medicaid eligibility, but without
any intent whatsoever to actually use these pre-need funds to pay the
funeral and burial expenses of the purchaser's family member(s). In
essence, funeral directors' time is increasingly being used to make
funeral pre-arrangements and establish pre-need accounts that were
ostensibly opened to help family members, but, in reality, are never
going to be used for that purpose.

This bill is simply intended to deter this practice by making irrev-
ocable all pre-need funeral accounts established and funded by an
applicant/recipient of Medicaid or SSI for a family member (as defined
in Federal Medicaid program guidelines). In this way, the funds' use
would be restricted to its proper purpose. It is hoped that then only
those individuals with the true intention of establishing pre-need
accounts to pay funeral and burial expenses would actually do so.

Notably, this bill would not in any way impact the rights of a funeral
consumer or the legal protections afforded his or her pre-need funds.
New York State is second-to-none when it comes to protecting our consum-
ers in this area, and should take great pride in this achievement and
standing.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: Should result in some Medicaid cost savings for the
State and counties, which will also receive the balance of any funds
remaining in an "irrevocable family member account".

EFFECTIVE DATE:  This act shall take effect on the January next succeed-
ing the date when it shall have become law.

2009-A6926A (ACTIVE) - Bill Text download pdf

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

    S. 3377--A                                            A. 6926--A

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 17, 2009
                               ___________

IN  SENATE  --  Introduced  by  Sens.  KLEIN, BRESLIN, HASSELL-THOMPSON,
  C. JOHNSON, SAVINO, THOMPSON -- read twice and  ordered  printed,  and
  when  printed  to be committed to the Committee on Consumer Protection
  -- recommitted to the Committee on Consumer Protection  in  accordance
  with  Senate  Rule 6, sec. 8 -- reported favorably from said committee
  and committed to the Committee on  Finance  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

IN ASSEMBLY -- Introduced by M. of A. PHEFFER -- read once and  referred
  to the Committee on Judiciary -- recommitted to the Committee on Judi-
  ciary  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the general business law and the social services law, in
  relation to irrevocable trust accounts for funeral and burial expenses

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

  Section 1. Paragraph (d) of subdivision 1 of section 453 of the gener-
al  business  law,  as  amended  by  chapter 557 of the laws of 2001, is
amended to read as follows:
  (d) Moneys paid for such an agreement for an applicant or recipient of
supplemental security income benefits under section two hundred nine  of
the  social  services  law  or of medical assistance under section three
hundred sixty-six of such law, OR, TO THE EXTENT TREATED  AS  AN  EXEMPT
ASSET  UNDER  FEDERAL GUIDELINES, FOR A FAMILY MEMBER OF ANY SUCH AGREE-
MENT ESTABLISHED OR FUNDED BY SUCH AN APPLICANT OR RECIPIENT,  shall  be
placed  into  a  trust  which  shall be irrevocable but under which such
[applicant/recipient] APPLICANT/RECIPIENT/PURCHASER reserves  the  right
to  select  any  funeral firm, funeral director, undertaker, cemetery or
any other person, firm or corporation to whom such payment is  made  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10331-02-0

S. 3377--A                          2                         A. 6926--A

to  change such selection any time to any type of funeral or any funeral
firm, funeral director, cemetery or any other  person,  firm  or  corpo-
ration to whom such payment is made, located in the state of New York or
any other state. Any such change must be carried out within ten business
days  following  receipt  of  a  request by the purchaser to the funeral
firm, funeral director, cemetery or any other  person,  firm  or  corpo-
ration  to  whom  such payment is made, with which such trust was estab-
lished. This requirement is subject to any limits set forth  in  federal
law or regulation pertaining to disregarded resources or income.
  S  2.  Paragraph  (f)  of  subdivision 3 of section 453 of the general
business law, as added by chapter 660 of the laws of 1996, is amended to
read as follows:
  (f) With respect to an agreement for an irrevocable trust fund  pursu-
ant  to section two hundred nine of the social services law OR PARAGRAPH
(D) OF SUBDIVISION ONE OF THIS SECTION, include the following  statement
in the agreement in conspicuous print of at least twelve point type:
                               DISCLOSURE
  NEW  YORK LAW REQUIRES THIS AGREEMENT TO BE IRREVOCABLE FOR APPLICANTS
FOR RECEIPT OF SUPPLEMENTAL SECURITY BENEFITS UNDER SECTION TWO  HUNDRED
NINE  OF  THE SOCIAL SERVICES LAW OR OF MEDICAL ASSISTANCE UNDER SECTION
THREE HUNDRED SIXTY-SIX OF THE  SOCIAL  SERVICES  LAW  OR  FOR  ACCOUNTS
ESTABLISHED FOR FAMILY MEMBERS UNDER PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION  FOUR  HUNDRED  FIFTY-THREE OF THE GENERAL BUSINESS LAW, AND FOR
THE MONEYS PUT INTO A TRUST UNDER THIS AGREEMENT TO  BE  USED  ONLY  FOR
FUNERAL  AND BURIAL EXPENSES. IF ANY MONEY IS LEFT OVER AFTER [YOUR] THE
FUNERAL AND BURIAL EXPENSES HAVE BEEN PAID, IT WILL GO  TO  THE  COUNTY.
[YOU]  THE  APPLICANT  MAY CHANGE [YOUR] THEIR CHOICE OF FUNERAL HOME AT
ANY TIME, WHILE EACH FAMILY MEMBER MAY DO SO ONLY UPON THE DEATH OF  THE
APPLICANT.
  S  3.  Subdivision  6  of  section  209 of the social services law, as
amended by chapter 660 of the laws of 1996, paragraphs (a)  and  (b)  as
amended  by  chapter  317  of  the  laws  of 2002, is amended to read as
follows:
  6. (a) As applicable federal law, rules and regulations so provide,  a
recipient of supplemental security income benefits or medical assistance
in  the  state  of  New York or any other state, OR THE FAMILY MEMBER OR
MEMBERS OF AN ACCOUNT ESTABLISHED PURSUANT TO PARAGRAPH (D) OF  SUBDIVI-
SION  ONE  OF  SECTION  FOUR HUNDRED FIFTY-THREE OF THE GENERAL BUSINESS
LAW, may establish an irrevocable trust fund for the  exclusive  purpose
of  their funeral and burial. Such trust fund and any accumulated inter-
est not withdrawn by the recipient shall remain  the  responsibility  of
the  funeral  firm,  funeral director, undertaker, cemetery or any other
person, firm or corporation to whom such payment is made  to  administer
for  funeral  and  burial  expenses  of the recipient. Those persons who
establish such a trust fund shall be given the opportunity to select the
funeral firm,  funeral  director,  undertaker,  cemetery  or  any  other
person, firm or corporation to whom such payment is made of their choice
to provide for their burial arrangements and to change such selection at
any  time to any funeral firm, funeral director, undertaker, cemetery or
any other person, firm or corporation to  whom  such  payment  is  made,
located  either  in  the  state of New York or any other state. Any such
change of funeral firm, funeral director, undertaker, cemetery,  or  any
other  person, firm or corporation to whom such payment is made, must be
carried out within ten business days following receipt of a  request  by
the  purchaser  to the funeral firm, funeral director, undertaker, ceme-
tery, or any other person, firm or corporation to whom such  payment  is

S. 3377--A                          3                         A. 6926--A

made  with  which  the current trust fund was established. Funds in such
trust fund shall be placed in an interest bearing  account  pursuant  to
section  four  hundred  fifty-three of the general business law. Accumu-
lated  interest  from  such  account shall not be reported as "countable
income" pursuant to section two hundred eight of this title.
  (b) An applicant for or a recipient of medical assistance in the state
of New York or any other state, OR A FAMILY  MEMBER  BENEFICIARY  OF  AN
AGREEMENT UNDER PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED
FIFTY-THREE  OF  THE  GENERAL BUSINESS LAW, who enters into an agreement
pursuant to SUCH section four hundred fifty-three [of the general  busi-
ness law] shall establish a single irrevocable trust fund FOR EACH INDI-
VIDUAL PERSON pursuant to paragraph (a) of this subdivision.
  (c)  A  funeral  firm,  funeral director, undertaker, cemetery, or any
other person, firm or corporation  which  makes  an  agreement  for  and
accepts  payment  for  such an irrevocable trust fund, shall comply with
the provisions of section four hundred fifty-three of the general  busi-
ness  law,  and shall include the following statement in any such agree-
ment in conspicuous print of at least twelve point type:
                               DISCLOSURE
  NEW YORK LAW REQUIRES THIS AGREEMENT TO BE IRREVOCABLE FOR  APPLICANTS
FOR  RECEIPT OF SUPPLEMENTAL SECURITY BENEFITS UNDER SECTION TWO HUNDRED
NINE OF THE SOCIAL SERVICES LAW OR OF MEDICAL ASSISTANCE  UNDER  SECTION
THREE  HUNDRED  SIXTY-SIX  OF  THE  SOCIAL SERVICES LAW, OR FOR ACCOUNTS
ESTABLISHED FOR FAMILY MEMBERS UNDER PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION FOUR HUNDRED FIFTY-THREE OF THE GENERAL BUSINESS  LAW,  AND  FOR
THE  MONEYS  PUT  INTO  A TRUST UNDER THIS AGREEMENT TO BE USED ONLY FOR
FUNERAL AND BURIAL EXPENSES. IF ANY MONEY IS LEFT OVER AFTER [YOUR]  THE
FUNERAL  AND  BURIAL  EXPENSES HAVE BEEN PAID, IT WILL GO TO THE COUNTY.
[YOU] THE APPLICANT MAY CHANGE [YOUR] THEIR CHOICE OF  FUNERAL  HOME  AT
ANY  TIME, WHILE EACH FAMILY MEMBER MAY DO SO ONLY UPON THE DEATH OF THE
APPLICANT.
  (d) Any promotional literature prepared after January first, [nineteen
hundred ninety-seven] TWO THOUSAND ELEVEN by  a  funeral  firm,  funeral
director, undertaker, cemetery, or any other person, firm or corporation
for  prearranged  funeral  and  burial  services  must  contain language
disclosing the irrevocable nature of burial trusts  established  for  an
applicant  or  recipient  of  supplemental  security  income benefits or
medical assistance, OR PURSUANT TO PARAGRAPH (D) OF SUBDIVISION  ONE  OF
SECTION FOUR HUNDRED FIFTY-THREE OF THE GENERAL BUSINESS LAW.
  S  4.  Paragraph  (g)  of  subdivision 3 of section 453 of the general
business law, as added by chapter 660 of the laws of 1996, is amended to
read as follows:
  (g) Any promotional literature prepared after January first, [nineteen
hundred ninety-seven] TWO THOUSAND ELEVEN by  a  funeral  firm,  funeral
director, undertaker, cemetery, or any other person, firm or corporation
for  prearranged  funeral  and  burial  services  must  contain language
disclosing the irrevocable nature of burial trusts  established  for  an
applicant  or  recipient  of  supplemental  security  income benefits or
medical assistance OR PURSUANT TO PARAGRAPH (D) OF  SUBDIVISION  ONE  OF
THIS SECTION.
  S 5. Subdivision 6 of section 141 of the social services law, as added
by chapter 660 of the laws of 1996, is amended to read as follows:
  6.  If an applicant for or a recipient of public assistance or care or
of medical assistance under section two hundred nine  or  three  hundred
sixty-six  of  this chapter dies having established an irrevocable trust
for the payment of his  or  her  funeral  expenses  under  section  four

S. 3377--A                          4                         A. 6926--A

hundred  fifty-three  of  the  general  business  law, OR, TO THE EXTENT
TREATED AS AN EXEMPT ASSET UNDER FEDERAL GUIDELINES, FOR A FAMILY MEMBER
UNDER  PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF  SECTION  FOUR   HUNDRED
FIFTY-THREE  OF  THE  GENERAL  BUSINESS LAW, any funds remaining in such
trust after the payment of all funeral expenses must be paid over to the
social services official responsible for  arranging  for  burials  under
this  section  in  the  local government subdivision where the [decedent
resided] APPLICANT OR RECIPIENT WHO FIRST ESTABLISHED  SUCH  IRREVOCABLE
TRUST OR TRUSTS RESIDED AT THE DATE OF THEIR DEATH.
  S  6. This act shall take effect on the first of January next succeed-
ing the date on which it shall become a law and shall apply  to  funeral
and burial accounts established on or after such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Assembly Bill A6926

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A6926 - Details

2009-A6926 - Summary

2009-A6926 - Bill Text download pdf

multi-Sponsors

2009-A6926A (ACTIVE) - Details

2009-A6926A (ACTIVE) - Summary

2009-A6926A (ACTIVE) - Sponsor Memo

2009-A6926A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A6926

Share this bill

Sponsored By

PHEFFER

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A6926 - Details

2009-A6926 - Summary

2009-A6926 - Bill Text download pdf

multi-Sponsors

Amy Paulin

2009-A6926A (ACTIVE) - Details

2009-A6926A (ACTIVE) - Summary

2009-A6926A (ACTIVE) - Sponsor Memo

2009-A6926A (ACTIVE) - Bill Text download pdf

Comments