S. 4064 2
S 260. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
"NEW YORK COMPACT FOR LONG TERM CARE".
S 261. DEFINITIONS. AS USED IN THIS TITLE:
1. "ASSESSMENT" MEANS AN ASSESSMENT TO DETERMINE WHETHER AN INDIVIDUAL
IS A CHRONICALLY ILL INDIVIDUAL. AN ASSESSMENT MAY BE PERFORMED ONLY BY
A LICENSED HEALTH CARE PRACTITIONER CONTRACTED TO PERFORM SUCH ASSESS-
MENTS WITH AN INSURER, THE COMMISSIONER OR THE PROGRAM MANAGEMENT ENTI-
TY. THE ASSESSMENT SHALL BE PERFORMED ANNUALLY OR WHENEVER A CHANGE IN
THE CONDITION OF THE COMPACT BENEFICIARY OR COMPACT PARTICIPANTS
WARRANTS AN UPDATE TO THE PLAN OF CARE. EXCEPT IN CASES IN WHICH THE
COMMISSIONER WAIVES THE REQUIREMENT DUE TO HARDSHIP, THE COST OF AN
ASSESSMENT SHALL BE PAID BY AN INDIVIDUAL SEEKING TO ENROLL IN THE
COMPACT PROGRAM.
2. "ADVISORY COMMITTEE" MEANS THE ADVISORY COMMITTEE ESTABLISHED BY
THE COMMISSIONER PURSUANT TO THIS TITLE.
3. "COMMISSIONER" MEANS THE COMMISSIONER OF HEALTH.
4. "COMPACT" MEANS THE COMPACT FOR LONG TERM CARE PROGRAM AUTHORIZED
BY THIS TITLE.
5. "COMPACT BENEFICIARY" OR "BENEFICIARY" MEANS A PARTICIPANT WHO BY
FULFILLING HIS OR HER PLEDGE AMOUNT AND MEETING OTHER REQUIREMENTS
ESTABLISHED PURSUANT TO THIS TITLE HAS BECOME ELIGIBLE FOR THE COMPACT
SUBSIDY.
6. "COMPACT PARTICIPANT" OR "PARTICIPANT" MEANS AN INDIVIDUAL WHO:
(A) HAS APPLIED FOR MEMBERSHIP IN THE COMPACT; (B) IS A STATE RESIDENT
RESIDING IN THIS STATE AT THE TIME OF SUCH APPLICATION; (C) HAS BEEN
DETERMINED BY ASSESSMENT TO BE A CHRONICALLY ILL PERSON; AND (D) HAS
AGREED TO FULFILL A PLEDGE AMOUNT AS PROVIDED IN THIS TITLE. A PARTIC-
IPANT SHALL BE DEEMED ENROLLED IN THE COMPACT PROGRAM.
7. "COMPACT RATE" MEANS THE RATE THAT A PROVIDER MAY CHARGE A COMPACT
BENEFICIARY FOR A SERVICE PROVIDED PURSUANT TO THE COMPACT. THE COMPACT
RATE SHALL BE THE RATE COMPUTED BY THE COMMISSIONER PURSUANT TO THIS
TITLE WHICH IS NOT MORE THAN ONE HUNDRED TEN PERCENT OF THE COMPACT
SUBSIDY FOR SUCH SERVICE PROVIDED BY SUCH PROVIDER.
8. "COMPACT SUBSIDY" OR "SUBSIDY" MEANS THE SUBSIDY PROVIDED PURSUANT
TO THE COMPACT FOR THE COSTS OF ANY QUALIFIED LONG TERM CARE SERVICE
RECEIVED BY A COMPACT BENEFICIARY PURSUANT TO THE PLAN OF CARE FOLLOWING
AN ASSESSMENT. THE AMOUNT OF THE SUBSIDY SHALL EQUAL THE MEDICAID RATE
ESTABLISHED FOR THE SAME OR A SIMILAR SERVICE PROVIDED BY THE INDIVIDUAL
PROVIDER SELECTED BY THE BENEFICIARY TO PROVIDE SUCH SERVICE IN THE
REGION IN WHICH THE BENEFICIARY RESIDES, IRRESPECTIVE OF THE PROVIDER
SELECTED BY THE BENEFICIARY. IN ANY CASE IN WHICH THERE IS NO MEDICAID
RATE FOR A SERVICE, THE COMMISSIONER SHALL ESTABLISH A COMPARABLE RATE
UPON RECOMMENDATION OF THE ADVISORY COMMITTEE WHICH SHALL BE APPLICABLE
IN SUCH REGION FOR SUCH PROVIDER FOR SUCH SERVICE, AND THE AMOUNT OF THE
SUBSIDY PROVIDED PURSUANT TO THE COMPACT FOR SUCH SERVICE SHALL EQUAL
SUCH ESTABLISHED RATE. THE COMMISSIONER SHALL ADJUST THE METHODOLOGY FOR
ESTABLISHING THE AMOUNT OF THE COMPACT SUBSIDY IF THE ADVISORY COMMITTEE
RECOMMENDS SUCH ADJUSTMENT. THE ANNUAL COMPACT SUBSIDY FOR AN INDIVID-
UAL BENEFICIARY RECEIVING NON-INSTITUTIONAL SERVICES FROM ONE OR MORE
PROVIDERS SHALL BE NO GREATER THAN THE ANNUAL REGIONAL MEDICAID RATE
COMPUTED FOR NURSING HOME SERVICES FOR THE REGION IN WHICH THE BENEFICI-
ARY RESIDES.
9. "COUNTABLE ASSET" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO THE
TERM "ASSETS", AS DEFINED IN CLAUSE (I) OF SUBPARAGRAPH ONE OF PARAGRAPH
(D) OF SUBDIVISION FIVE OF SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL
SERVICES LAW APPLICABLE TO TRANSFERS MADE AFTER AUGUST TENTH, NINETEEN
S. 4064 3
HUNDRED NINETY-THREE, UNLESS ANY SUCH TRANSFER OF AN ASSET IS EXEMPTED
PURSUANT TO THIS TITLE OR BY COMPACT RULES ESTABLISHED PURSUANT TO
PROCEDURES ESTABLISHED PURSUANT THERETO. COUNTABLE ASSET SHALL NOT BE
DEEMED TO INCLUDE INCOME.
10. "COUNTABLE INCOME" MEANS INCOME REQUIRED TO BE CONSIDERED IN THE
CASE OF A PERSON APPLYING FOR MEDICAID PURSUANT TO SECTION THREE HUNDRED
SIXTY-SIX OF THE SOCIAL SERVICES LAW, AND SHALL EXCLUDE, DISREGARD AND
DEDUCT INCOME REQUIRED TO BE EXCLUDED, DISREGARDED OR DEDUCTED PURSUANT
TO SUCH SECTION, UNLESS ANY SUCH INCOME, EXCLUSIONS, DISREGARDS OR
DEDUCTIONS ARE EXEMPTED OR EXCLUDED PURSUANT TO THIS ARTICLE OR BY
COMPACT RULES ESTABLISHED PURSUANT TO PROCEDURES ESTABLISHED IN THIS
TITLE. EXPENDITURES FOR MEDICARE SUPPLEMENTAL INSURANCE POLICIES MEETING
THE STANDARDS ESTABLISHED PURSUANT TO SECTION THREE THOUSAND TWO HUNDRED
EIGHTEEN OF THE INSURANCE LAW, EXPENDITURES FOR A MEDICARE PRESCRIPTION
DRUG PLAN APPROVED PURSUANT TO PROCEDURES ESTABLISHED BY THE U.S.
DEPARTMENT OF HEALTH AND HUMAN SERVICES, CONTRIBUTIONS MADE PURSUANT TO
THIS TITLE TO A QUALIFIED LONG TERM CARE SAVINGS ACCOUNT, AND PREMIUMS
FOR THE PURCHASE OF LONG TERM CARE INSURANCE SHALL BE EXCLUDED FROM
COUNTABLE INCOME.
11. "DIRECTOR" MEANS THE DIRECTOR OF THE STATE OFFICE FOR THE AGING.
12. "FEDERAL ACT" MEANS THE HEALTH INSURANCE PORTABILITY AND ACCOUNT-
ABILITY ACT OF 1996 OR ANY SUCCESSOR THERETO, AND RULES PROMULGATED
THEREUNDER. THE FOLLOWING TERMS SHALL HAVE THE SAME MEANINGS AS UNDER
THE FEDERAL ACT: "QUALIFIED LONG TERM CARE SERVICES"; "LICENSED HEALTH
CARE PRACTITIONER"; "ACTIVITIES OF DAILY LIVING"; "CHRONICALLY ILL
PERSON". ANY PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING,
THE DEPARTMENT OF HEALTH SHALL NOT BE AUTHORIZED TO ISSUE, ENACT OR
ENFORCE ANY REQUIREMENT OR DEFINITION THAT IS MORE RESTRICTIVE THAN SUCH
MEANINGS AS INCLUDED IN SUCH FEDERAL ACT.
13. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION AND SOLELY FOR
PURPOSES OF DETERMINING WHETHER THE CONDITION OF "SEVERE COGNITIVE
IMPAIRMENT" EXISTS FOR A PARTICIPANT, THE COMMISSIONER SHALL REQUIRE
THAT SUCH CONDITION BE CHARACTERIZED BY A DETERIORATION OR IRREVERSIBLE
LOSS IN INTELLECTUAL CAPACITY THAT REQUIRES SUBSTANTIAL SUPERVISION TO
ASSURE THE SAFETY OF THE PARTICIPANT OR OF OTHERS, AND THAT IT SHALL BE
ESTABLISHED BY CLINICAL EVIDENCE AND STANDARDIZED TESTS THAT RELIABLY
MEASURE: SHORT-TERM OR LONG-TERM MEMORY; ORIENTATION AS TO PEOPLE, PLACE
OR TIME; DEDUCTIVE OR ABSTRACT REASONING; AND JUDGMENT AS IT RELATES TO
SAFETY AWARENESS. THE MEANS OF DETERMINATION AS TO WHETHER A PERSON HAS
SUFFERED SEVERE COGNITIVE IMPAIRMENT SHALL INSOFAR AS PRACTICAL BE THE
SAME AS THOSE USED PURSUANT TO THE FEDERAL ACT TO DETERMINE SEVERE
COGNITIVE IMPAIRMENT.
14. "SUBSTANTIAL SUPERVISION" MEANS CONTINUAL OVERSIGHT THAT MAY
INCLUDE CUEING BY VERBAL PROMPTING, GESTURES OR OTHER DEMONSTRATIONS BY
ANOTHER PERSON, AND THAT IS NECESSARY TO PROTECT THE PATIENT FROM
THREATS TO HIS OR HER HEALTH OR SAFETY.
15. "LICENSED HEALTH CARE PRACTITIONER" MEANS ANY OF THE FOLLOWING,
OTHER THAN A FAMILY MEMBER: A PHYSICIAN, AS DEFINED IN SECTION
1861(R)(1) OF THE SOCIAL SECURITY ACT; A REGISTERED PROFESSIONAL NURSE;
A LICENSED SOCIAL WORKER; OR ANOTHER PROFESSIONAL INDIVIDUAL WHO MEETS
THE REQUIREMENTS PRESCRIBED BY THE UNITED STATES SECRETARY OF THE TREAS-
URY PURSUANT TO THE FEDERAL ACT.
16. "QUALIFIED LONG TERM CARE SERVICES" SHALL INCLUDE ANY EXPENSES FOR
LONG TERM MEDICAL CARE AND SERVICES WHICH ARE OR, IN THE CASE OF AN
INDIVIDUAL WHO IS NOT A TAXPAYER, WHICH WOULD BE DEDUCTIBLE FROM FEDERAL
GROSS INCOME FOR SUCH TAXPAYER OR INDIVIDUAL AS LONG TERM CARE SERVICES
S. 4064 4
PURSUANT TO THE INTERNAL REVENUE CODE, AND BOTH MEDICAL AND NON-MEDICAL
SERVICES, INCLUDING HOME MODIFICATION AND THE PROVISION OF SERVICES
COORDINATION REQUIRED PURSUANT TO THE PLAN OF CARE PREPARED BY A
LICENSED HEALTH CARE PRACTITIONER IN ORDER TO MAINTAIN A PARTICIPANT OR
BENEFICIARY IN HIS OR HER OWN HOME, AND SUCH ADDITIONAL SERVICES AS MAY
BE APPROVED BY THE COMMISSIONER UPON RECOMMENDATION OF THE ADVISORY
COMMITTEE, SO LONG AS THE COMMISSIONER SHALL BE SATISFIED THAT INCLUSION
OF SUCH ADDITIONAL SERVICES DOES NOT PREVENT RECEIPT OF FEDERAL FINAN-
CIAL PARTICIPATION UNDER THE MEDICAL ASSISTANCE PROGRAM OR UNDER THE
COMPACT.
17. "FULFILLED PLEDGE" MEANS A PLEDGE AMOUNT THAT HAS BEEN FULLY PAID.
ONLY PAYMENTS MADE BY A PARTICIPANT, OR BY ANY PERSON OR ENTITY ON
BEHALF OF SUCH PARTICIPANT, PRIOR TO THE PARTICIPANT APPLYING FOR THE
COMPACT SUBSIDY SHALL BE COUNTED AS ELIGIBLE PAYMENTS IN FULFILLING A
PLEDGE. ELIGIBLE PAYMENTS SHALL INCLUDE REASONABLE AND NECESSARY
PAYMENTS FOR QUALIFIED LONG TERM CARE SERVICES, INCLUDING MEDICAL AND
NON-MEDICAL EXPENSES INCURRED AND PAID PURSUANT TO THE PLAN OF CARE, AND
ANY ADDITIONAL EXPENSES AS MAY BE APPROVED BY THE COMMISSIONER UPON
RECOMMENDATION OF THE ADVISORY COMMITTEE. SUCH PAYMENTS SHALL ALSO
INCLUDE PAYMENTS FOR QUALIFIED LONG TERM CARE SERVICES FOR THE
THREE-MONTH PERIOD PRIOR TO AN INDIVIDUAL BECOMING A PARTICIPANT.
COUNTABLE PAYMENTS MADE FOR A QUALIFIED LONG TERM CARE SERVICE IN
FULFILLING A PLEDGE SHALL NOT BE GREATER THAN THE AMOUNT USUALLY AND
CUSTOMARILY CHARGED FOR SUCH SERVICE BY A PROVIDER TO A NON-MEDICAID
RECIPIENT.
18. "PLEDGE AMOUNT" MEANS THE PLEDGE MADE BY A PARTICIPANT TO PAY THE
COST OF QUALIFIED LONG TERM CARE SERVICES. THE PLEDGE AMOUNT SHALL BE:
(A) THE "MAXIMUM PLEDGE AMOUNT", WHICH SHALL BE THE AMOUNT EQUAL TO
THIRTY-SIX MONTHS OF PAYMENT AT THE REGIONAL RATE FOR NURSING HOME
SERVICES IN THE REGION IN WHICH THE PARTICIPANT RESIDES, AS APPLICABLE
AT THE TIME OF APPLICATION TO THE COMPACT; OR (B) THE "DOLLAR PLEDGE
AMOUNT" WHICH SHALL BE AN AMOUNT EQUAL TO FIFTY PERCENT OF A PARTIC-
IPANT'S COUNTABLE ASSETS. IN THE CASE OF A PARTICIPANT WHOSE COUNTABLE
ASSETS ARE LESS THAN FORTY THOUSAND DOLLARS, THE DOLLAR PLEDGE AMOUNT
SHALL BE LIMITED TO THE AMOUNT IN EXCESS OF A DEDUCTIBLE AMOUNT OF TWEN-
TY THOUSAND DOLLARS, AND THE COMMISSIONER SHALL CALCULATE SUCH DOLLAR
PLEDGE AMOUNT BY SUBTRACTING SUCH DEDUCTIBLE AMOUNT OF TWENTY THOUSAND
DOLLARS FROM THE PARTICIPANT'S COUNTABLE ASSETS AND THE REMAINDER AMOUNT
SHALL EQUAL THE DOLLAR PLEDGE AMOUNT; PROVIDED THAT THE COMMISSIONER
SHALL ANNUALLY INCREASE OR DECREASE SUCH FORTY THOUSAND DOLLAR ASSET
AMOUNT AND SUCH TWENTY THOUSAND DOLLAR DEDUCTIBLE AMOUNT AT THE SAME
PERCENTAGE RATE AS THE INCREASE OR DECREASE IN THE REGIONAL RATE FOR
NURSING HOME SERVICES FOR THE REGION IN WHICH THE ELIGIBLE INDIVIDUAL
RESIDES.
19. "REGION" MEANS THE FOLLOWING REGIONS: LONG ISLAND, NEW YORK CITY,
NORTHERN METROPOLITAN NEW YORK, NORTHEASTERN NEW YORK, UTICA REGION,
CENTRAL NEW YORK, ROCHESTER REGION AND WESTERN NEW YORK.
20. "REGIONAL RATE" MEANS THE RATE SET ANNUALLY BY THE COMMISSIONER AT
EQUAL TO THE AVERAGE OF ALL RATES, EXCLUSIVE OF MEDICAID RATES, PAID FOR
THE SAME OR SIMILAR SERVICES WITHIN A REGION. THE COMMISSIONER SHALL
COMPUTE AND ANNUALLY UPDATE REGIONAL RATES FOR EACH REGION OF THE STATE
FOR ANY YEAR NOT LATER THAN THE LAST WEEK OF DECEMBER OF THE YEAR
PRECEDING SUCH YEAR.
S 262. COMPACT FOR LONG TERM CARE CREATED; PURPOSES. THE COMPACT FOR
LONG TERM CARE IS HEREBY CREATED. ITS PURPOSE SHALL BE TO PROVIDE COOR-
DINATED COVERAGE FOR THE EXPENSES OF QUALIFIED LONG TERM CARE SERVICES
S. 4064 5
TO ELIGIBLE INDIVIDUALS, A PURPOSE HEREBY DECLARED TO BE IN EVERY
RESPECT AN APPROPRIATE PUBLIC PURPOSE CONDUCTED FOR THE BENEFIT OF THE
PEOPLE OF THE STATE.
S 263. REQUIREMENT FOR CONSULTATION. ANY PROVISION OF ANY OTHER LAW
TO THE CONTRARY NOTWITHSTANDING, AND IN ADDITION TO ANY OTHER REQUIRE-
MENT IMPOSED IN THIS TITLE, THE COMMISSIONER SHALL CONSULT WITH THE
DIRECTOR AND WITH THE SUPERINTENDENT OF INSURANCE PRIOR TO TAKING ANY
ACTION CONCERNING POLICY OR PROGRAM MATTERS REQUIRED OR PERMITTED BY
THIS TITLE, PROVIDED HOWEVER THAT THE FAILURE TO RESPOND TIMELY TO A
REQUEST FOR CONSULTATION AND ADVICE SHALL NOT IMPAIR OR INVALIDATE ANY
SUCH ACTION TAKEN BY THE COMMISSIONER.
S 264. IMPLEMENTATION. ANY PROVISION OF ANY OTHER LAW TO THE CONTRARY
NOTWITHSTANDING, THE COMMISSIONER IS HEREBY AUTHORIZED TO AND SHALL
IMPLEMENT THE COMPACT FOR LONG TERM CARE PROGRAM CREATED BY THIS TITLE
AND TO SUBMIT SUCH WAIVER APPLICATIONS AND/OR STATE PLAN AMENDMENTS AS
MAY BE NECESSARY FOR SUCH IMPLEMENTATION, PROVIDED THAT SUCH PROGRAM AND
THE PROVISIONS OF THIS TITLE SHALL BE IMPLEMENTED ONLY IF AND FOR SO
LONG AS THE COMMISSIONER SHALL BE SATISFIED THAT THEY DO NOT PREVENT
RECEIPT OF FEDERAL FINANCIAL PARTICIPATION UNDER THE MEDICAL ASSISTANCE
PROGRAM OR UNDER THE COMPACT. IN APPLYING FOR THE WAIVER, THE COMMIS-
SIONER SHALL CONSULT WITH THE ADVISORY COMMITTEE CONCERNING SUBMISSION
OF APPROPRIATE CRITERIA FOR ASSURING THAT A SERVICE IS PROPERLY PROVIDED
AND MEETS APPROPRIATE STANDARDS OF QUALITY AND COST.
S 265. SELECTION OF PROGRAM MANAGEMENT ENTITY. 1. THE COMMISSIONER IS
HEREBY AUTHORIZED TO AND SHALL CONTRACT WITH A PROGRAM MANAGEMENT ENTITY
TO ADMINISTER THE COMPACT. THE PROCESS FOR SELECTING A PROGRAM MANAGE-
MENT ENTITY TO MANAGE THE COMPACT PROGRAM SHALL BE GOVERNED SOLELY BY
THIS TITLE.
2. INSOFAR AS PERMITTED UNDER ANY FEDERAL WAIVERS OR STATE PLAN AMEND-
MENTS REQUIRED FOR IMPLEMENTATION, THE COMPACT SHALL BE MANAGED BY A
PROGRAM MANAGEMENT ENTITY CONTRACTED TO AND SELECTED BY THE COMMISSIONER
BY A REQUEST FOR PROPOSALS OR A REQUEST FOR QUALIFICATIONS IN THIS
TITLE. SUCH ENTITY SHALL BE RESPONSIBLE FOR COORDINATING AND MANAGING
ALL ASPECTS OF THE COMPACT PROGRAM AND LIAISING WITH THE DEPARTMENT OF
HEALTH, INDIVIDUALS, INSURANCE COMPANIES AND OTHER ENTITIES TO ASSURE
APPROPRIATE COLLECTION AND VERIFICATION OF DATA, COLLECTION OF PAYMENTS
REQUIRED TO BE MADE TO THE STATE PURSUANT TO THIS TITLE, VERIFICATION OF
ASSESSMENTS AND CLAIMS TRACKING, AND OTHER SIMILAR ADMINISTRATIVE
RESPONSIBILITIES. THE PROGRAM MANAGEMENT ENTITY SHALL NOT BE AN INSUR-
ANCE ENTITY OFFERING AN INSURANCE PLAN UNDER THE COMPACT OR, UNLESS
REQUIRED BY FEDERAL LAW OR REGULATION, OR AS A CONDITION OF FEDERAL
APPROVAL OF ANY WAIVERS OR STATE PLAN AMENDMENTS NECESSARY TO IMPLEMENT
THE COMPACT, A STATE AGENCY OR A COVERED AUTHORITY AS SUCH TERMS ARE
DEFINED IN SECTION TWO-A OF THE STATE FINANCE LAW.
3. THE COMMISSIONER, AFTER CONSULTATION WITH THE DIRECTOR OF THE DIVI-
SION OF THE BUDGET, SHALL WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF
THIS SECTION, REPORT TO THE GOVERNOR AND THE LEGISLATURE WITH RECOMMEN-
DATIONS FOR THE IMPLEMENTATION OF THE SELECTION PROCESS. SUCH REPORT
SHALL DETAIL:
(A) THE CRITERIA TO BE USED IN SELECTING THE ENTITY;
(B) THE PROCESS TO BE USED IN THE SELECTION, INCLUDING THE ISSUANCE OF
REQUESTS FOR PROPOSALS, REQUESTS FOR QUALIFICATIONS OR OTHER MEANS;
(C) THE NAMES OF ANY ENTITIES ENGAGED TO DEVELOP CRITERIA AND ASSIST
IN THE SELECTION;
(D) TIMELINESS FOR THE SELECTION OF THE ENTITY AND ISSUANCE OF
CONTRACTS;
S. 4064 6
(E) MARKETING PLANS FOR THE PROGRAM;
(F) MEANS TO MAKE THE SELECTION PROCESS AS TRANSPARENT AS POSSIBLE;
(G) MEANS BY WHICH TRADE AND COMPETITIVE SECRETS SHALL BE PROTECTED;
(H) MEANS BY WHICH INDIVIDUAL IDENTIFYING INFORMATION RELATING TO ANY
PATIENT OR CONSUMER ACQUIRED BY THE PROGRAM SHALL BE KEPT CONFIDENTIAL;
AND
(I) ANY OTHER INFORMATION THE DIRECTOR OF THE DIVISION OF THE BUDGET
OR THE COMMISSIONER SHALL DEEM PERTINENT.
IN PREPARING THE REPORT, THE DIRECTOR OF THE DIVISION OF THE BUDGET
AND THE COMMISSIONER SHALL CONSULT WITH THE ADVISORY COMMITTEE AND THE
SUPERINTENDENT OF INSURANCE, AND SHALL ADDITIONALLY CONVENE AN ADVISORY
GROUP OF INSURERS AUTHORIZED TO WRITE LONG TERM CARE INSURANCE IN THIS
STATE TO PROVIDE COMMENTS ON THE REPORT, OR IF CONVENING SUCH GROUP
SHALL PROVE IMPRACTICABLE OR INAPPROPRIATE, SHALL SHARE THE REPORT WITH
SUCH INSURERS AND INCLUDE ANY WRITTEN COMMENTS RECEIVED FROM SUCH INSUR-
ERS AND THE ADVISORY COMMITTEE WHEN THE REPORT IS ISSUED TO THE GOVERNOR
AND THE LEGISLATURE.
4. AFTER CONSIDERATION OF ANY COMMENTS THEY MAY RECEIVE CONCERNING THE
REPORT, THE COMMISSIONER AND/OR THE DIRECTOR OF THE DIVISION OF THE
BUDGET, AS APPROPRIATE, SHALL PROMULGATE RULES AND REGULATIONS GOVERNING
THE SELECTION PROCESS FOR A PROGRAM MANAGEMENT ENTITY. SUCH RULES AND
REGULATIONS SHALL REFLECT THE RECOMMENDATIONS IN THE REPORT AND ANY
RECOMMENDATIONS RECEIVED BY THE COMMISSIONER AND THE DIRECTOR OF THE
DIVISION OF THE BUDGET. THE PROGRAM MANAGEMENT ENTITY SHALL BE SELECTED
THROUGH ISSUANCE OF A REQUEST FOR PROPOSALS OR IF APPROPRIATE AND
APPROVED BY THE DIRECTOR OF THE DIVISION OF THE BUDGET, BY ISSUANCE OF A
REQUEST FOR QUALIFICATIONS, AND SUCH REQUEST FOR PROPOSALS OR REQUEST
FOR QUALIFICATIONS SHALL INCORPORATE THE CRITERIA AND OTHER CONDITIONS
AGREED UPON AS A RESULT OF THE PROCESS REQUIRED IN THIS SUBDIVISION AND
IN SUBDIVISION THREE OF THIS SECTION.
S 266. PARTICIPATION AND PLEDGE. 1. AN INDIVIDUAL WHO MEETS THE
CRITERIA FOR BECOMING A PARTICIPANT SHALL BE ENROLLED IN THE COMPACT
PROGRAM. IN MEETING SUCH CRITERIA, THE INDIVIDUAL SHALL HAVE THE OPTION
AT THE TIME OF APPLICATION TO PLEDGE EITHER THE MAXIMUM PLEDGE AMOUNT OR
THE DOLLAR PLEDGE AMOUNT.
(A) AN INDIVIDUAL WHO ELECTS TO PLEDGE THE MAXIMUM PLEDGE AMOUNT SHALL
PAY OR HAVE PAID ON HIS OR HER BEHALF BY ANY PERSON OR ENTITY AN AMOUNT
FOR THE PURCHASE OF QUALIFIED LONG TERM CARE SERVICES THAT IS EQUAL TO
THIRTY-SIX MONTHS OF PAYMENT AT THE REGIONAL RATE FOR NURSING HOME
SERVICES IN THE REGION IN WHICH THE PARTICIPANT RESIDES AS OF THE DATE
THE INDIVIDUAL APPLIES TO BECOME A PARTICIPANT BY HAVING MET ALL OTHER
QUALIFICATIONS AND BY MAKING SUCH PLEDGE.
(B) AN INDIVIDUAL WHO ELECTS TO PLEDGE THE DOLLAR PLEDGE AMOUNT SHALL
PAY OR HAVE PAID ON HIS OR HER BEHALF BY ANY PERSON OR ENTITY AN AMOUNT
FOR THE PURCHASE OF QUALIFIED LONG TERM CARE SERVICES THAT IS EQUAL TO
FIFTY PERCENT OF A PARTICIPANT'S COUNTABLE ASSETS. SUCH INDIVIDUAL
SHALL SUBMIT: (I) A VERIFIED STATEMENT OF COUNTABLE ASSETS UNDER PENALTY
OF PERJURY LISTING ALL COUNTABLE CURRENT ASSETS HELD BY THE INDIVIDUAL
AT THE TIME OF APPLICATION AND ANY ASSET TRANSFERS FOR LESS THAN FULL
VALUE DURING THE THREE YEARS PRECEDING SUCH DATE OF APPLICATION, (II)
THE INDIVIDUAL'S THREE MOST RECENT YEARS OF STATE AND FEDERAL INCOME TAX
RETURNS AND (III) ADDITIONAL DOCUMENTATION AS THE PROGRAM MANAGEMENT
ENTITY, WITH THE APPROVAL OF THE COMMISSIONER UPON RECOMMENDATION OF THE
ADVISORY COMMITTEE, SHALL DEEM REASONABLE AND APPROPRIATE TO VERIFY
ASSETS, THE VALUES OF SUCH ASSETS AND THE VALIDITY OF THE PLEDGE AMOUNT.
S. 4064 7
(C) DOCUMENTATION CONCERNING THE PLEDGE AMOUNT, THE RESULTS OF THE
ASSESSMENT AND EVIDENCE OF A FULFILLED PLEDGE SHALL BE SUBMITTED TO THE
PROGRAM MANAGEMENT ENTITY IN A FORM AND MANNER PRESCRIBED BY THE COMMIS-
SIONER.
(D) THE FOREGOING PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY
NOTWITHSTANDING, THE PLEDGE AMOUNT MAY BE ADJUSTED IN THE EVENT THAT AN
INDIVIDUAL IS SUBJECT TO EXTRAORDINARY CIRCUMSTANCES, AS THE COMMISSION-
ER SHALL DETERMINE BASED ON RECOMMENDATIONS OF THE ADVISORY COMMITTEE.
2. A PARTICIPANT WHO FULFILLS HIS OR HER PLEDGE SHALL BE DEEMED A
BENEFICIARY AND SHALL BE ELIGIBLE FOR THE COMPACT SUBSIDY. A PARTICIPANT
WHO FAILS TO FULFILL HIS OR HER PLEDGE SHALL NOT BE ELIGIBLE TO BECOME A
BENEFICIARY, BUT SHALL NOT SURRENDER ELIGIBILITY TO APPLY FOR MEDICAID
OR ELIGIBILITY TO APPLY FOR THE COMPACT SUBSIDY IF SUCH PARTICIPANT
SHALL LATER BECOME ELIGIBLE.
3. NOTWITHSTANDING ANY SIMILARITY IN ELIGIBILITY REQUIREMENTS OR
COMMONALITY IN THE DEFINITIONS OF ASSET, INCOME OR OTHER ITEMS, EXCEPT
AS OTHERWISE PROVIDED IN THIS TITLE, A PARTICIPANT OR BENEFICIARY, AS
THE CASE MAY BE, SHALL BE EXEMPT FROM THE RESOURCE TESTS, LIENS AND
OTHER REQUIREMENTS THAT WOULD OTHERWISE BE APPLICABLE TO PERSONS APPLY-
ING FOR MEDICAL ASSISTANCE FOR THE NEEDY.
4. THE PURCHASE OF QUALIFIED LONG TERM CARE SERVICES FOR THE PURPOSE
OF FULFILLING THE COMPACT PLEDGE SHALL NOT BE RESTRICTED TO THE PURCHASE
OF QUALIFIED LONG TERM CARE SERVICES IN THE STATE SO LONG AS THE INDI-
VIDUAL MEETS THE REQUIREMENTS OF THIS TITLE WITH RESPECT TO FULFILLING
THE PLEDGE REQUIRED UNDER THIS SECTION, PROVIDED HOWEVER THAT A COMPACT
BENEFICIARY MAY ONLY RECEIVE THE COMPACT SUBSIDY FOR SERVICES RECEIVED
WITHIN THIS STATE.
5. COUNTABLE PAYMENTS MADE FOR A QUALIFIED LONG TERM CARE SERVICE IN
FULFILLING A PLEDGE SHALL NOT BE GREATER THAN THE AMOUNT USUALLY AND
CUSTOMARILY CHARGED FOR SUCH SERVICE BY A PROVIDER TO A NON-MEDICAID
RECIPIENT AND SHALL INCLUDE REASONABLE AND NECESSARY EXPENSES PAID FOR
SUCH SERVICES, PROVIDED, HOWEVER THAT THE COMMISSIONER, ON RECOMMENDA-
TION OF THE ADVISORY COMMITTEE, MAY ESTABLISH CRITERIA FOR ASSURING THAT
A SERVICE IS PROPERLY PROVIDED AND MEETS APPROPRIATE STANDARDS OF QUALI-
TY AND COST. THE PROGRAM MANAGEMENT ENTITY SHALL BE AUTHORIZED TO
UTILIZE SUCH CRITERIA IN ESTABLISHING PARAMETERS FOR PROPER AND APPRO-
PRIATE PAYMENT FOR SERVICES AND ASSURANCES OF QUALITY.
S 267. BENEFITS OF PARTICIPATION. 1. A BENEFICIARY WHO FULFILLS THE
MAXIMUM PLEDGE AMOUNT OR THE DOLLAR PLEDGE AMOUNT SHALL BE ENTITLED TO
PRESERVE HIS OR HER RESOURCES AND SHALL BE ELIGIBLE TO RECEIVE THE
COMPACT SUBSIDY FOR SERVICES PROVIDED TO SUCH BENEFICIARY PURSUANT TO
THIS TITLE. SUCH BENEFICIARY SHALL NOT BE REQUIRED TO SUBMIT TO ANY
RESOURCE REQUIREMENTS OR LIMITATIONS, OR TO THE RECOVERY OF PAYMENTS
MADE BY THE STATE FROM THE ESTATES OF SUCH INDIVIDUALS, OR TO THE IMPO-
SITION OF LIENS ON THE HOMES OF PERSONS, SUCH AS THOSE WHICH ARE IMPOSED
ON BENEFICIARIES OF THE MEDICAID PROGRAM PURSUANT TO SECTION THREE
HUNDRED SIXTY-SIX OR SECTION THREE HUNDRED SIXTY-NINE OF THE SOCIAL
SERVICES LAW.
2. A BENEFICIARY SHALL BE ELIGIBLE TO RECEIVE THE COMPACT SUBSIDY OR
TO HAVE THE SUBSIDY PAID TO THE PROVIDER OF SERVICES FOR THE COSTS OF
QUALIFIED LONG TERM CARE SERVICES FROM ANY WILLING PROVIDER SELECTED BY
SUCH BENEFICIARY.
3. A BENEFICIARY SHALL BE ELIGIBLE TO RECEIVE SUCH QUALIFIED LONG TERM
CARE SERVICES AT A RATE CHARGED BY A PROVIDER OF SERVICES WHICH IS NO
GREATER THAN THE COMPACT RATE.
S. 4064 8
4. THE BENEFICIARY SHALL NOT BE RESPONSIBLE FOR PAYMENT FOR SUCH QUAL-
IFIED LONG TERM CARE SERVICES OF ANY AMOUNT GREATER THAN THE DIFFERENCE
BETWEEN THE COMPACT RATE AND THE COMPACT SUBSIDY.
5. A BENEFICIARY SHALL ANNUALLY REMIT A PARTICIPATION FEE FOR THE
COMPACT PROGRAM WHICH SHALL NOT EXCEED TWENTY-FIVE PERCENT OF SUCH BENE-
FICIARY'S COUNTABLE INCOME TO THE COMMISSIONER OR, IF SO DIRECTED BY THE
COMMISSIONER, TO THE PROGRAM MANAGEMENT ENTITY FOR TRANSMITTAL TO THE
COMMISSIONER. THE COMMISSIONER, AFTER CONSULTATION WITH THE ADVISORY
COMMITTEE, SHALL MAKE PROVISION TO ALLOW A BENEFICIARY TO MAKE PAYMENTS
ON A MONTHLY OR OTHER BASIS, AT THE OPTION OF THE BENEFICIARY.
6. A BENEFICIARY SHALL RETAIN A PROTECTED AMOUNT OF INCOME DURING THE
PERIOD IN WHICH THE BENEFICIARY IS RECEIVING THE COMPACT SUBSIDY, AS SET
FORTH IN SECTION TWO HUNDRED SIXTY-EIGHT OF THIS TITLE.
7. A PARTICIPANT WHO HAS BEEN DENIED LONG TERM CARE INSURANCE SHALL BE
ENTITLED TO ESTABLISH A QUALIFIED LONG TERM CARE SAVINGS ACCOUNT AS
PROVIDED IN THIS TITLE, AND USE THE PROCEEDS TO PAY FOR ANY LONG TERM
CARE SERVICES NEEDS, SUBJECT TO THE REQUIREMENTS OF THIS TITLE AND
APPLICABLE PROVISIONS OF TAX LAW.
S 268. PROTECTED INCOME. 1. THE COMMISSIONER, AFTER CONSULTATION WITH
THE ADVISORY COMMITTEE, SHALL ESTABLISH PROVISIONS TO WAIVE ALL OR PART
OF THE PARTICIPATION FEE AND ALL OR PART OF THE REQUIREMENT THAT A BENE-
FICIARY PAY ANY DIFFERENCE BETWEEN THE COMPACT RATE AND THE COMPACT
SUBSIDY IF THE BENEFICIARY'S COUNTABLE INCOME IN ANY MONTH, AFTER
DEDUCTION OF THE PARTICIPATION FEE AND PAYMENT OF THE DIFFERENCE BETWEEN
THE COMPACT RATE AND THE COMPACT SUBSIDY AMOUNT WHICH THE BENEFICIARY IS
REQUIRED TO PAY FOR SERVICES, SHALL BE LESS THAN THE FOLLOWING PROTECTED
INCOME AMOUNTS:
(A) FOR AN UNMARRIED BENEFICIARY RECEIVING CARE IN AN INSTITUTIONAL
SETTING SUCH AS A NURSING HOME, ADULT HOME, ASSISTED LIVING FACILITY OR
OTHER SIMILAR FACILITY, AN AMOUNT NOT LESS THAN THE INSTITUTIONAL
PROTECTED AMOUNT;
(B) FOR AN UNMARRIED BENEFICIARY RECEIVING CARE AT HOME, AN AMOUNT NOT
LESS THAN THE MINIMUM MONTHLY MAINTENANCE NEEDS ALLOWANCE;
(C) FOR A MARRIED COUPLE OF WHOM ONE IS A BENEFICIARY RECEIVING CARE
IN AN INSTITUTIONAL SETTING SUCH AS A NURSING HOME, ADULT HOME, ASSISTED
LIVING FACILITY OR OTHER SIMILAR FACILITY, AN AMOUNT NOT LESS THAN THE
INSTITUTIONAL PROTECTED AMOUNT FOR THE BENEFICIARY AND AN AMOUNT NOT
LESS THAN THE MINIMUM MONTHLY MAINTENANCE NEEDS ALLOWANCE FOR THE SPOUSE
WHO IS NOT A BENEFICIARY;
(D) FOR A MARRIED COUPLE OF WHOM ONE IS A BENEFICIARY RECEIVING CARE
AT HOME, AN AMOUNT NOT LESS THAN TWICE THE MINIMUM MONTHLY MAINTENANCE
NEEDS ALLOWANCE;
(E) FOR A MARRIED COUPLE BOTH OF WHOM ARE BENEFICIARIES RECEIVING CARE
IN AN INSTITUTIONAL SETTING SUCH AS A NURSING HOME, ADULT HOME, ASSISTED
LIVING FACILITY OR OTHER SIMILAR FACILITY, AN AMOUNT NOT LESS THAN AN
INSTITUTIONAL PROTECTED AMOUNT FOR EACH BENEFICIARY; AND
(F) FOR A MARRIED COUPLE BOTH OF WHOM ARE BENEFICIARIES RECEIVING CARE
AT HOME, AN AMOUNT NOT LESS THAN TWICE THE MINIMUM MONTHLY MAINTENANCE
NEEDS ALLOWANCE.
2. THE COMMISSIONER SHALL ANNUALLY ADJUST SUCH INSTITUTIONAL PROTECTED
AMOUNT BY THE PERCENTAGE INCREASE OR DECREASE IN THE COST OF LIVING
INDEX, USING THE YEAR IN WHICH THIS TITLE SHALL HAVE BECOME LAW AS THE
BASE YEAR.
3. AS USED IN THIS SECTION, "MINIMUM MONTHLY MAINTENANCE NEEDS ALLOW-
ANCE" MEANS THE SAME AS SUCH TERM IS DEFINED IN PARAGRAPH (H) OF SUBDI-
VISION TWO OF SECTION THREE HUNDRED SIXTY-SIX-C OF THE SOCIAL SERVICES
S. 4064 9
LAW AND "INSTITUTIONAL PROTECTED AMOUNT" MEANS THE SUM OF ONE HUNDRED
DOLLARS, WHICH AMOUNT SHALL BE ADJUSTED BY THE COMMISSIONER ANNUALLY BY
THE SAME PERCENTAGE AS THE PERCENTAGE INCREASE IN THE FEDERAL CONSUMER
PRICE INDEX.
4. WHEN MAKING THE COMPUTATION TO DETERMINE IF A BENEFICIARY'S INCOME
WOULD FALL BELOW THE APPROPRIATE PROTECTED INCOME AMOUNT, THE COMMIS-
SIONER SHALL SUBTRACT FROM THE BENEFICIARY'S MONTHLY COUNTABLE INCOME
THE DIFFERENCE BETWEEN THE COMPACT RATE AND THE COMPACT SUBSIDY THAT THE
BENEFICIARY IS REQUIRED TO PAY, AND THEN THE PARTICIPATION FEE. IF THE
REMAINING COUNTABLE INCOME AFTER SUCH SUBTRACTION IS LESS THAN THE
PROTECTED AMOUNT APPROPRIATE TO SUCH BENEFICIARY, THE COMMISSIONER
SHALL, AFTER CONSULTATION WITH THE ADVISORY COMMITTEE, ESTABLISH
PROVISIONS FOR: (A) A REDUCTION IN PAYMENT FOR SERVICES BY THE BENEFICI-
ARY OF ANY DIFFERENCE BETWEEN THE COMPACT RATE AND THE COMPACT SUBSIDY,
(B) A REDUCTION IN THE AMOUNT OF THE PARTICIPATION FEE TO BE PAID BY THE
BENEFICIARY, AND (C) THE PERIOD OF TIME DURING WHICH REDUCTION OR
REDUCTIONS SHALL BE EFFECTIVE, IN ORDER TO ASSURE THAT THE BENEFICIARY
SHALL ALWAYS RETAIN THE PROTECTED AMOUNT OF INCOME.
5. ANY OTHER PROVISION OF THIS TITLE TO THE CONTRARY NOTWITHSTANDING,
THE COMMISSIONER MAY ADDITIONALLY, AFTER CONSULTATION WITH AND UPON
RECOMMENDATION OF THE ADVISORY COMMITTEE, ESTABLISH AS AN ADDITIONAL
BASIS FOR A REDUCTION OF THE PAYMENT FOR SERVICES BY THE BENEFICIARY OF
ANY DIFFERENCE BETWEEN THE COMPACT RATE AND THE COMPACT SUBSIDY AND OF
THE PARTICIPATION FEE TO BE PAID BY THE BENEFICIARY, A FINDING THAT A
BENEFICIARY LACKS THE RESOURCES AFTER PAYMENT OF NECESSARY EXPENSES TO
REMAIN IN HIS OR HER PLACE OF RESIDENCE AFTER PAYMENT OF SUCH PARTIC-
IPATION FEE AND/OR PAYMENT FOR SERVICES, IRRESPECTIVE OF WHETHER THE
BENEFICIARY'S COUNTABLE INCOME EXCEEDS THE PROTECTED INCOME AMOUNT. THE
ADVISORY COMMITTEE SHALL PROVIDE THE COMMISSIONER WITH A DEFINITION OF
NECESSARY EXPENSES AS USED IN THIS SECTION PRIOR TO THE COMMISSIONER
TAKING ANY ACTION AUTHORIZED BY THIS SUBDIVISION. INSOFAR AS PRACTICA-
BLE, SUCH DEFINITION SHALL BE QUANTIFIABLE, AND THE COMMISSIONER SHALL
ESTABLISH A FORMULA BY RULE AND REGULATION FOR DETERMINING NECESSARY
EXPENSES BASED ON SUCH DEFINITION AND FOR DETERMINING WHETHER A BENEFI-
CIARY LACKS THE RESOURCES AFTER PAYMENT OF SUCH NECESSARY EXPENSES TO
REMAIN IN HIS OR HER PLACE OF RESIDENCE.
S 269. IMPOSITION OF LIEN IN CERTAIN CASES. NOTHING CONTAINED IN THIS
TITLE SHALL PREVENT THE IMPOSITION OF A LIEN OR RECOVERY AGAINST THE
PROPERTY OF AN INDIVIDUAL ON ACCOUNT OF EXPENSES INCORRECTLY PAID UNDER
THE COMPACT SUBSIDY.
S 270. PROHIBITED ACTS. NO PERSON ENGAGED IN THE DEVELOPMENT, MARKET-
ING, ADVERTISING OR SALE OF ANY INSURANCE PLAN DESIGNED TO SATISFY THE
PLEDGE AMOUNT SHALL:
1. GIVE LEGAL ADVICE OR OTHERWISE ENGAGE IN THE PRACTICE OF LAW.
2. ASSUME, USE OR ADVERTISE THE TITLE OF LAWYER OR ATTORNEY AT LAW, OR
EQUIVALENT TERMS IN THE ENGLISH LANGUAGE OR ANY OTHER LANGUAGE, OR
REPRESENT OR ADVERTISE OTHER TITLES OR CREDENTIALS, INCLUDING BUT NOT
LIMITED TO "NOTARY PUBLIC", "ACCREDITED REPRESENTATIVE OF THE DEPARTMENT
OF HEALTH" OR "COMPACT CONSULTANT", THAT COULD CAUSE AN INDIVIDUAL TO
BELIEVE THAT THE PERSON POSSESSES SPECIAL PROFESSIONAL SKILLS OR IS
AUTHORIZED TO PROVIDE ADVICE ON MATTER RELATED TO THE COMPACT; PROVIDED
THAT A NOTARY PUBLIC APPOINTED AND COMMISSIONED BY THE SECRETARY OF
STATE MAY USE THE TITLE "NOTARY PUBLIC".
3. STATE OR IMPLY THAT THE PERSON CAN OR WILL OBTAIN SPECIAL FAVORS
FROM OR HAS SPECIAL INFLUENCE WITH THE DEPARTMENT OF HEALTH, THE ADMIN-
ISTRATIVE ENTITY OR ANY OTHER GOVERNMENTAL ENTITY.
S. 4064 10
4. DEMAND OR RETAIN ANY FEES OR COMPENSATION FOR SERVICES NOT
PERFORMED OR COSTS THAT ARE NOT ACTUALLY INCURRED.
5. ADVISE, DIRECT OR PERMIT A CUSTOMER TO ANSWER QUESTIONS ON A
GOVERNMENT DOCUMENT, OR IN A DISCUSSION WITH A GOVERNMENT OFFICIAL, IN A
SPECIFIC WAY WHERE SUCH PERSON KNOWS OR HAS REASONABLE CAUSE TO BELIEVE
THAT THE ANSWERS ARE FALSE OR MISLEADING.
6. DISCLOSE ANY INFORMATION TO, OR FILE ANY FORMS OR DOCUMENTS WITH
THE DEPARTMENT OF HEALTH, ANY OTHER STATE DEPARTMENT OR THE ADMINISTRA-
TIVE ENTITY WITHOUT THE KNOWLEDGE OR CONSENT OF THE CUSTOMER.
7. FAIL TO PROVIDE AN INDIVIDUAL WITH COPIES OF DOCUMENTS FILED WITH A
GOVERNMENTAL ENTITY OR REFUSE TO RETURN ORIGINAL DOCUMENTS SUPPLIED BY,
PREPARED ON BEHALF OF OR PAID FOR BY THE INDIVIDUAL, UPON THE REQUEST OF
THE INDIVIDUAL. ORIGINAL DOCUMENTS MUST BE RETURNED PROMPTLY UPON
REQUEST, EVEN IF THERE IS A FEE DISPUTE WITH THE INDIVIDUAL.
8. MAKE ANY MISREPRESENTATION OR FALSE STATEMENT, DIRECTLY OR INDI-
RECTLY.
9. MAKE ANY GUARANTEE OR PROMISE TO AN INDIVIDUAL, UNLESS THERE IS A
BASIS IN FACT FOR SUCH REPRESENTATION, AND THE GUARANTEE OR PROMISE IS
IN WRITING.
S 271. FRAUDULENT PRACTICES. 1. A PARTICIPANT WHO KNOWINGLY ENGAGES
IN FRAUDULENT PRACTICES WITH RESPECT TO FULFILLING OR CLAIMING TO HAVE
FULFILLED A PLEDGE AMOUNT SHALL BE DISQUALIFIED FROM THE COMPACT
PROGRAM. SUCH INDIVIDUAL SHALL NOT BE DEEMED TO BE A PARTICIPANT OR
BENEFICIARY OR TO HAVE FULFILLED HIS OR HER PLEDGE AMOUNT, BUT SHALL NOT
SURRENDER ELIGIBILITY TO APPLY FOR MEDICAID.
2. ANY INDIVIDUAL WHO KNOWINGLY MAKES A FALSE STATEMENT OR REPRESEN-
TATION, OR WHO BY DELIBERATE CONCEALMENT OF ANY MATERIAL FACT, OR BY
IMPERSONATION OR OTHER FRAUDULENT DEVICE, OBTAINS OR ATTEMPTS TO OBTAIN
OR AIDS OR ABETS ANY INDIVIDUAL TO QUALIFY TO BECOME A PARTICIPANT OR A
BENEFICIARY UNDER THE COMPACT PROGRAM WHEN SUCH INDIVIDUAL IS NOT OTHER-
WISE ENTITLED TO BECOME A PARTICIPANT OR A BENEFICIARY SHALL BE GUILTY
OF A CLASS A MISDEMEANOR, UNLESS SUCH ACT CONSTITUTES A VIOLATION OF A
PROVISION OF THE PENAL LAW, IN WHICH CASE SUCH PERSON SHALL BE PUNISHED
IN ACCORDANCE WITH THE PENALTIES FIXED BY SUCH PROVISION.
3. ANY INDIVIDUAL WHO, WITH INTENT TO DEFRAUD, PRESENTS FOR ALLOWANCE
OR PAYMENT ANY FALSE OR FRAUDULENT CLAIM FOR FURNISHING SERVICES OR
MERCHANDISE, OR WHO KNOWINGLY SUBMITS FALSE INFORMATION FOR THE PURPOSE
OF OBTAINING GREATER COMPENSATION THAN THAT TO WHICH SUCH INDIVIDUAL IS
LEGALLY ENTITLED FOR FURNISHING SERVICES OR MERCHANDISE, OR WHO KNOWING-
LY SUBMITS FALSE INFORMATION FOR THE PURPOSE OF OBTAINING AUTHORIZATION
FOR FURNISHING SERVICES OR MERCHANDISE UNDER THIS TITLE, SHALL BE GUILTY
OF A CLASS A MISDEMEANOR, UNLESS SUCH ACT CONSTITUTES A VIOLATION OF A
PROVISION OF THE PENAL LAW, IN WHICH CASE HE OR SHE SHALL BE PUNISHED IN
ACCORDANCE WITH THE PENALTIES FIXED BY SUCH PROVISION. SUCH INDIVIDUAL
SHALL NOT BE PERMITTED TO PROVIDE SERVICES OR MERCHANDISE TO A PARTIC-
IPANT, A BENEFICIARY OR TO ANOTHER INDIVIDUAL OR ENTITY PROVIDING
SERVICES UNDER THE COMPACT PROGRAM FOR A PERIOD OF FIVE YEARS.
4. NOTHING CONTAINED IN THIS TITLE SHALL PREVENT THE IMPOSITION OF A
LIEN OR RECOVERY AGAINST THE PROPERTY OF AN INDIVIDUAL WHO HAS COMMITTED
AN ACT OR ACTS IN VIOLATION OF THIS SECTION.
S 271-A. PAYMENTS AND DEFAULTS. 1. PAYMENTS TO SERVICE PROVIDERS FOR
SERVICES TO COMPACT PARTICIPANTS SHALL BE MADE BY OR ON BEHALF OF
PARTICIPANTS OR A PERSON OR ENTITY ACTING ON BEHALF OF THE PARTICIPANT.
2. PAYMENTS TO SERVICE PROVIDERS FOR SERVICES PROVIDED TO COMPACT
BENEFICIARIES SHALL BE MADE AS FOLLOWS: THE COMPACT SUBSIDY SHALL BE
PAID TO THE SERVICE PROVIDER BY THE PROGRAM MANAGEMENT ENTITY, AND THE
S. 4064 11
BENEFICIARY OR A PERSON OR ENTITY ACTING ON BEHALF OF THE BENEFICIARY
SHALL BE RESPONSIBLE FOR PAYMENT OF ANY DIFFERENCE BETWEEN THE COMPACT
RATE AND THE COMPACT SUBSIDY.
3. A BENEFICIARY WHO KNOWINGLY FAILS TO PAY THE DIFFERENCE BETWEEN THE
COMPACT RATE AND THE COMPACT SUBSIDY AS REQUIRED IN THIS TITLE, UNLESS
SUCH BENEFICIARY IS EXCUSED PURSUANT TO THE HARDSHIP PROVISIONS OF THIS
TITLE, SHALL BE LIABLE TO THE SERVICE PROVIDER, WHO MAY EXERCISE ANY AND
ALL APPROPRIATE REMEDIES FOR COLLECTION OF THE DEBT.
4. A PARTICIPANT WHO KNOWINGLY DEFAULTS ON PAYMENT OF THE PLEDGE, OR A
BENEFICIARY WHO KNOWINGLY DEFAULTS ON PAYMENT OF THE DIFFERENCE BETWEEN
THE COMPACT RATE AND THE COMPACT SUBSIDY, AND WHO IS THEREFORE NO LONGER
ENROLLED IN THE PROGRAM, SHALL NOT BE ELIGIBLE TO RECEIVE ANY PROTECTION
OF ASSETS OR INCOME OTHERWISE AFFORDED TO PARTICIPANTS AND BENEFICIARIES
BY VIRTUE OF ENROLLMENT IN THE PROGRAM. NOTHING CONTAINED IN THIS TITLE
SHALL BE DEEMED TO SHIELD OR OTHERWISE EXCUSE A BENEFICIARY OR A PARTIC-
IPANT FROM PAYMENT OF A DEBT LAWFULLY INCURRED TO A SERVICE PROVIDER.
5. UPON RECOMMENDATION OF THE ADVISORY COMMITTEE, THE COMMISSIONER MAY
ESTABLISH RULES, INCLUDING REQUIREMENTS FOR WRITTEN AGREEMENTS, GOVERN-
ING THE PAYMENT AND COLLECTION OF DEBT BY PARTICIPANTS AND BENEFICIARIES
TO SERVICE PROVIDERS AS WELL AS NOTIFICATION GUIDELINES TO THE BENEFICI-
ARY, OR A PERSON OR ENTITY ACTING ON BEHALF OF THE BENEFICIARY TO ENSURE
THAT A PAYMENT THAT IS MISSED IN ERROR CAN BE CORRECTED WITHOUT PUNISH-
MENT TO THE BENEFICIARY.
S 272. APPEALS. 1. ANY PERSON OR AN INDIVIDUAL AUTHORIZED TO ACT ON
BEHALF OF ANY SUCH PERSON MAY APPEAL TO THE COMMISSIONER FROM DECISIONS
OF THE PROGRAM MANAGEMENT ENTITY UPON GROUNDS SPECIFIED IN THIS SECTION.
ANY APPEAL PURSUANT TO THIS SECTION SHALL BE REQUESTED WITHIN SIXTY DAYS
AFTER THE DATE OF THE ACTION OR FAILURE TO ACT COMPLAINED OF.
2. THE GROUNDS FOR SUCH APPEALS SHALL BE SPECIFIED IN REGULATIONS OF
THE DEPARTMENT OF HEALTH, AND SHALL INCLUDE BUT NOT BE LIMITED TO,
DENIAL OF AN APPLICATION TO BECOME A PARTICIPANT, FAILURE TO ACT UPON AN
APPLICATION TO BECOME A PARTICIPANT, FAILURE OF A PARTICIPANT TO BE
DEEMED ELIGIBLE FOR THE COMPACT SUBSIDY WITHIN THIRTY DAYS OF FILING
INFORMATION ESTABLISHING THAT SUCH PARTICIPANT HAS MET THE REQUIREMENTS
OF BECOMING A BENEFICIARY, AND ANY OTHER PROVISION OF THE COMPACT
PROGRAM. DECISIONS OF THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE
BINDING UPON THE PROGRAM MANAGEMENT ENTITY. SUCH GROUNDS FOR APPEAL
SHALL NOT INCLUDE DENIALS FOR ISSUES AND CIRCUMSTANCES RELATED TO THE
LANGUAGE, PROCESSING OR APPROVAL OF COVERAGE UNDER A LONG TERM CARE
INSURANCE POLICY WHICH ARE OTHERWISE THE SUBJECT OF EXTERNAL APPEALS OF
ADVERSE DETERMINATIONS OF HEALTH CARE PLANS PURSUANT TO SECTIONS TWO
HUNDRED ONE, THREE HUNDRED ONE, ONE THOUSAND ONE HUNDRED NINE, THREE
THOUSAND TWO HUNDRED ONE, THREE THOUSAND TWO HUNDRED SIXTEEN, THREE
THOUSAND TWO HUNDRED SEVENTEEN, THREE THOUSAND TWO HUNDRED SEVENTEEN-A,
THREE THOUSAND TWO HUNDRED TWENTY-ONE, FOUR THOUSAND TWO HUNDRED THIR-
TY-FIVE, FOUR THOUSAND THREE HUNDRED THREE, FOUR THOUSAND THREE HUNDRED
FOUR, FOUR THOUSAND THREE HUNDRED FIVE, FOUR THOUSAND THREE HUNDRED
TWENTY-ONE, FOUR THOUSAND THREE HUNDRED TWENTY-TWO AND FOUR THOUSAND
THREE HUNDRED TWENTY-FOUR, ARTICLE FORTY-SEVEN AND ARTICLE FORTY-NINE OF
THE INSURANCE LAW AND CHAPTER FIVE HUNDRED EIGHTY-SIX OF THE LAWS OF
NINETEEN HUNDRED NINETY-EIGHT.
3. ANY AGGRIEVED PARTY TO AN APPEAL, OTHER THAN THE PROGRAM MANAGEMENT
ENTITY, MAY APPLY FOR REVIEW AS PROVIDED IN ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES.
S 273. TREATMENT OF ASSETS. 1. A PARTICIPANT'S HOMESTEAD SHALL NOT BE
DEEMED A COUNTABLE ASSET IF THE HOMESTEAD WAS PURCHASED MORE THAN THREE
S. 4064 12
YEARS PRIOR TO THE DATE THAT AN INDIVIDUAL APPLIES TO BECOME A PARTIC-
IPANT IN THE COMPACT PROGRAM. A HOMESTEAD PURCHASED WITHIN THREE YEARS
OF SUCH DATE SHALL BE DEEMED A COUNTABLE ASSET, UNLESS SUCH HOMESTEAD IS
A REPLACEMENT FOR A HOMESTEAD SOLD WITHIN ONE YEAR PRIOR TO THE PURCHASE
DATE, IN WHICH CASE AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE SALE
PRICE OF THE OLD HOMESTEAD AND THE PURCHASE PRICE OF THE NEW HOMESTEAD
SHALL BE DEEMED A COUNTABLE ASSET. AS USED IN THIS SECTION, "HOMESTEAD"
MEANS THE PRIMARY RESIDENCE OCCUPIED BY A BENEFICIARY OR PARTICIPANT
AND/OR MEMBERS OF HIS OR HER FAMILY. FAMILY MEMBERS MAY INCLUDE THE
BENEFICIARY'S OR PARTICIPANT'S SPOUSE, MINOR CHILDREN, CERTIFIED BLIND
OR CERTIFIED DISABLED CHILDREN, A CARETAKER CHILD, AND OTHER DEPENDENT
RELATIVES. HOMESTEAD SHALL BE DEEMED TO MEAN AND INCLUDE THE HOME, LAND
AND INTEGRAL PARTS SUCH AS GARAGES AND OUTBUILDINGS, AND MAY BE A CONDO-
MINIUM, COOPERATIVE APARTMENT OR MANUFACTURED HOME. HOMESTEAD SHALL NOT
BE DEEMED TO MEAN AND INCLUDE VACATION HOMES, SUMMER HOMES OR OTHER
PREMISES NOT USED AS A PRIMARY RESIDENCE.
2. ANY OTHER PROVISION OF ANY OTHER LAW OR OF THIS TITLE TO THE
CONTRARY NOTWITHSTANDING, THE COMMISSIONER, ACTING ON RECOMMENDATION OF
THE ADVISORY COMMITTEE, MAY EXEMPT CERTAIN INCOME AND RESOURCES OF AN
INDIVIDUAL AND OF THE INDIVIDUAL'S SPOUSE FROM INCLUSION AS A COUNTABLE
ASSET.
3. (A) WITH RESPECT TO ANNUITIES, (I) THE PRINCIPAL AMOUNT OF ANY
ANNUITY SHALL BE DEEMED A COUNTABLE ASSET IF SUCH ANNUITY IN PERMANENT
PAYOUT STATUS WAS PURCHASED WITHIN THREE YEARS OF THE DATE AN INDIVIDUAL
APPLIES TO BECOME A PARTICIPANT, PROVIDED HOWEVER THAT ANY PAYOUT
AMOUNTS SHALL NOT BE TREATED AS INCOME FOR PURPOSES OF THE INCOME CALCU-
LATION; (II) THE PRINCIPAL AMOUNT OF ANY ANNUITY SHALL NOT BE DEEMED A
COUNTABLE ASSET IF A LEVEL PAYMENT SCHEDULE HAS BEEN IN FORCE FOR THREE
YEARS OR MORE PRIOR TO THE DATE AN INDIVIDUAL APPLIES TO BECOME A
PARTICIPANT, AND NEITHER THE INDIVIDUAL NOR A PERSON ACTING ON SUCH
INDIVIDUAL'S BEHALF HAS THE ABILITY TO WITHDRAW AMOUNTS IN EXCESS OF
SCHEDULED PAYMENTS, PROVIDED HOWEVER THAT IN SUCH CASE, ANY PAYOUT
AMOUNTS SHALL BE COUNTED AS INCOME FOR PURPOSES OF THE INCOME CALCU-
LATION; AND (III) AN ANNUITY NOT IN PERMANENT PAYOUT STATUS FOR THREE
YEARS PRIOR TO THE DATE AN INDIVIDUAL APPLIES TO BECOME A PARTICIPANT IN
THE COMPACT PROGRAM SHALL BE DEEMED A COUNTABLE ASSET.
(B) THE VALUE OF AN ASSET TRANSFERRED INTO AN IRREVOCABLE TRUST FOR
LESS THAN FULL CONSIDERATION WITHIN THREE YEARS PRIOR TO THE DATE OF
APPLICATION TO THE COMPACT PROGRAM SHALL BE DEEMED A COUNTABLE ASSET.
(C) PRE-PAID FUNERALS PURCHASED FOR ONESELF, A SPOUSE OR FOR CHILDREN
WITH DISABILITIES SHALL NOT BE INCLUDED AS A COUNTABLE ASSET, IF MADE
PRIOR TO THE DATE ON WHICH THE PARTICIPANT FULFILLS THE PLEDGE AMOUNT.
(D) THE VALUE OF ANY DEBTS, INCLUDING BUT NOT LIMITED TO OUTSTANDING
DEBT ON CREDIT CARDS, AUTO PAYMENTS, MONTHLY MORTGAGE PAYMENTS, HOME
EQUITY LOANS, REVERSE MORTGAGES AND ANY OTHER SUCH SIMILAR DEBT INSTRU-
MENTS SHALL BE DEDUCTED WHEN CALCULATING THE TOTAL VALUE OF COUNTABLE
ASSETS.
(E) THE PRINCIPAL AMOUNT OF A MORTGAGE ON A HOMESTEAD SHALL NOT BE
DEDUCTED IF THE HOMESTEAD IS NOT DEEMED A COUNTABLE ASSET, PROVIDED
HOWEVER THAT PAYMENTS MADE TO REDUCE OR ELIMINATE ANY SUCH MORTGAGE
SHALL BE DEDUCTED WHEN CALCULATING THE TOTAL VALUE OF COUNTABLE ASSETS.
IF THE HOMESTEAD IS DEEMED A COUNTABLE ASSET, THE PRINCIPAL AMOUNT OF
THE MORTGAGE SHALL BE DEDUCTED WHEN CALCULATING THE TOTAL VALUE OF
COUNTABLE ASSETS.
(F) IN ADDITION TO THE FOREGOING, THE FOLLOWING SHALL NOT BE CONSID-
ERED AS INCOME OR ASSETS:
S. 4064 13
(I) ANY GIFT OR GIFTS MADE BY AN INDIVIDUAL OR AN INDIVIDUAL'S SPOUSE
THAT TOTAL LESS THAN TWELVE THOUSAND DOLLARS IN ANY CALENDAR YEAR. THE
COMMISSIONER SHALL ANNUALLY ADJUST SUCH AMOUNT BY THE SAME PERCENTAGE AS
THE PERCENTAGE INCREASE IN THE FEDERAL CONSUMER PRICE INDEX;
(II) EXPENDITURES TO AN EDUCATIONAL INSTITUTION OR MEDICAL FACILITY ON
BEHALF OF A SPOUSE OR CHILD, PROVIDED HOWEVER THAT THESE SHALL BE
REASONABLE EXPENDITURES FOR THE PURPOSE OF MEDICAL TREATMENT OR EDUCA-
TION;
(III) GIFTS THAT QUALIFY AS A CHARITABLE DEDUCTION ON THE INDIVIDUAL'S
FEDERAL INCOME TAX RETURN; AND
(IV) THE AMOUNT RECEIVED FROM A REVERSE MORTGAGE IF EXPENDED WITHIN
THIRTY DAYS OF THE TIME IN WHICH RECEIVED. AN AMOUNT FROM A REVERSE
MORTGAGE THAT IS HELD FOR LONGER THAN SUCH THIRTY DAY PERIOD SHALL BE
CONSIDERED AS COUNTABLE INCOME, UNLESS USED FOR THE PURCHASE OF LONG
TERM CARE SERVICES AS DEFINED IN THIS TITLE.
THE COMMISSIONER, AFTER CONSULTING WITH THE ADVISORY COMMITTEE, SHALL
ESTABLISH CRITERIA TO DETERMINE WHETHER EXPENDITURES AND GIFTS MADE
PURSUANT TO THIS SUBDIVISION ARE DISALLOWABLE TRANSACTIONS.
S 274. SPECIAL PROVISIONS REGARDING SPOUSES. 1. THE REQUIREMENTS OF
THIS TITLE CONCERNING DISCLOSURE OF ASSETS SHALL BE DEEMED TO MEAN AND
INCLUDE DISCLOSURE OF ALL ASSETS, INCLUDING ALL ASSETS OF SPOUSES, WITH-
OUT DISTINCTION AS TO OWNERSHIP BY OR BETWEEN SPOUSES. NOTWITHSTANDING
THE FOREGOING, IF THERE IS A PRE- OR POST-NUPTIAL AGREEMENT WHICH HAS
BEEN EFFECTIVE THREE OR MORE YEARS PRIOR TO THE DATE OF ENROLLMENT IN
THE COMPACT PROGRAM, THE VALUE OF THE ASSETS OF THE SPOUSE NOT ENROLLED
IN THE COMPACT SHALL NOT BE DEEMED A COUNTABLE ASSET AND SHALL NOT
REQUIRE DISCLOSURE TO THE COMMISSIONER OR PROGRAM MANAGEMENT ENTITY.
2. IF ONE SPOUSE ENROLLS IN THE COMPACT PROGRAM AND THE OTHER DOES
NOT, AND
(A) THE ENROLLING SPOUSE BECOMES A BENEFICIARY AFTER MEETING THE MAXI-
MUM PLEDGE AMOUNT, THE COUPLE'S ASSETS SHALL BE EXEMPT FROM CONSIDER-
ATION AS A COUNTABLE ASSET.
(B) THE ENROLLING SPOUSE BECOMES A PARTICIPANT PLEDGING A DOLLAR
PLEDGE AMOUNT, ONE-HALF OF THE TOTAL VALUE OF THE SPOUSES' ASSETS SHALL
BE EXCLUDED FROM CONSIDERATION AS A COUNTABLE ASSET BEFORE ANY OTHER
CALCULATIONS AS TO THE AMOUNT REQUIRED TO MEET A DOLLAR PLEDGE AMOUNT.
(C) THE NON-ENROLLING SPOUSE SUBSEQUENTLY APPLIES TO BECOME A PARTIC-
IPANT IN THE COMPACT, SUCH INDIVIDUAL MAY PLEDGE EITHER THE MAXIMUM
PLEDGE AMOUNT OR THE DOLLAR PLEDGE AMOUNT. FOR PURPOSES OF DETERMINING
THE DOLLAR PLEDGE AMOUNT IN SUCH CASE, THE COUNTABLE ASSETS OF SUCH
INDIVIDUAL SHALL MEAN, BEFORE ANY OTHER CALCULATIONS AS TO THE AMOUNT
REQUIRED TO MEET A DOLLAR PLEDGE AMOUNT, AN AMOUNT EQUAL TO FIFTY
PERCENT OF THE REMAINING ASSETS OF THE SPOUSES LESS ANY AMOUNT STILL
REQUIRED TO MEET THE PLEDGE AMOUNT OF THE INITIAL ENROLLING SPOUSE.
3. A TRANSFER OR BEQUEST OF A PROTECTED AMOUNT SHALL NOT BE DEEMED A
COUNTABLE ASSET OF THE NON-ENROLLING SPOUSE, NOR SHALL INCOME OR GROWTH
ON SUCH INCOME BE COUNTED IF SUCH INCOME WAS PART OF A PROTECTED AMOUNT
AND HAS BEEN KEPT IN A SEPARATE ACCOUNT. FOR PURPOSES OF THIS SECTION, A
PROTECTED AMOUNT IS THE AMOUNT REMAINING AFTER A PLEDGE HAS BEEN MET.
4. A SURVIVING SPOUSE WHO APPLIES TO BECOME A PARTICIPANT, OR WHO IS A
PARTICIPANT OR BENEFICIARY IN THE COMPACT PROGRAM SHALL NOT BE REQUIRED
TO EXERCISE A RIGHT OF ELECTION UNDER SECTION 5-1.1-A OF THE ESTATES,
POWERS AND TRUSTS LAW.
S 275. QUALIFIED LONG TERM CARE SAVINGS ACCOUNT. AN INDIVIDUAL WHO
HAS BEEN REFUSED COVERAGE FOR LONG TERM CARE INSURANCE MAY ESTABLISH A
S. 4064 14
QUALIFIED LONG TERM CARE SAVINGS ACCOUNT, SUBJECT TO THE REQUIREMENTS OF
THIS SECTION. SUCH INDIVIDUAL SHALL BE THE OWNER OF SUCH ACCOUNT.
1. A QUALIFIED LONG TERM CARE SAVINGS ACCOUNT IS A SAVINGS ACCOUNT
APPROVED BY THE COMMISSIONER FOR AN INDIVIDUAL WHO HAS BEEN SUBJECT TO
DENIAL OF LONG TERM CARE INSURANCE COVERAGE. AS USED IN THIS TITLE,
"DENIAL OF LONG TERM CARE INSURANCE COVERAGE" SHALL MEAN THAT:
(A) THE INDIVIDUAL HAS APPLIED FOR AND BEEN DENIED COVERAGE BY AT
LEAST TWO LONG TERM CARE INSURANCE PLANS WHICH HAVE BEEN APPROVED BY THE
SUPERINTENDENT OF INSURANCE FOR OPERATION IN THIS STATE, OR
(B) THE INDIVIDUAL HAS BEEN CERTIFIED BY A PHYSICIAN TO BE UNINSURABLE
FOR LONG TERM CARE INSURANCE COVERAGE BY REASON OF HAVING A CONDITION,
DISEASE OR DISABILITY THAT PRECLUDES ANY CONSIDERATION FOR ISSUANCE OF
LONG TERM CARE INSURANCE COVERAGE.
THE COMMISSIONER, AFTER CONSULTATION WITH AND UPON RECOMMENDATION BY
THE ADVISORY COMMITTEE, SHALL ESTABLISH AND MAINTAIN A LIST OF SUCH
DISQUALIFYING CONDITIONS, DISEASES AND DISABILITIES. AN INDIVIDUAL SHALL
PROVIDE PROOF OF DENIAL OF LONG TERM CARE INSURANCE COVERAGE OR SUCH
CERTIFICATION FROM A PHYSICIAN IN A FORM AND MANNER SATISFACTORY TO THE
COMMISSIONER.
2. THE OWNER OF SUCH ACCOUNT MAY ANNUALLY CONTRIBUTE OR HAVE CONTRIB-
UTED ON HIS OR HER BEHALF AN AMOUNT OF UP TO TEN THOUSAND DOLLARS TO A
QUALIFIED LONG TERM CARE SAVINGS ACCOUNT. PURSUANT TO SECTION
TWENTY-EIGHT-A OF THE TAX LAW, SUCH AMOUNT SHALL BE ANNUALLY INCREASED
BY THE COMMISSIONER OF TAXATION AND FINANCE BY THE SAME PERCENTAGE AS
THE PERCENTAGE INCREASE IN THE FEDERAL CONSUMER PRICE INDEX.
3. ANY INDIVIDUAL WHO CONTRIBUTES TO A QUALIFIED LONG TERM CARE
SAVINGS ACCOUNT, IRRESPECTIVE OF WHETHER SUCH INDIVIDUAL IS THE OWNER OF
SUCH ACCOUNT, SHALL BE ELIGIBLE FOR THE LONG-TERM CARE SAVINGS CREDIT
PURSUANT TO SECTION SIX HUNDRED SIX OF THE TAX LAW.
4. THE PROCEEDS OF A QUALIFIED LONG TERM CARE SAVINGS ACCOUNT MAY BE
USED TO PAY FOR ANY LONG TERM CARE SERVICES NEEDS PERMITTED PURSUANT TO
THIS TITLE IN FULFILLMENT OF A PLEDGE BY THE OWNER OF SUCH ACCOUNT.
DISTRIBUTIONS FROM THE QUALIFIED LONG TERM CARE SAVINGS ACCOUNT TO PAY
FOR SERVICES OR ITEMS NOT PERMITTED PURSUANT TO THIS TITLE SHALL BE
SUBJECT TO A PENALTY OF TEN PERCENT OF EVERY DOLLAR SO EXPENDED DURING
THE LIFETIME OF THE OWNER OF SUCH ACCOUNT, IRRESPECTIVE OF WHETHER SUCH
OWNER IS A PARTICIPANT OR BENEFICIARY. SUCH PENALTY SHALL BE LEVIED
ONLY AGAINST THE OWNER OF SUCH ACCOUNT.
5. ANY OTHER PROVISION OF LAW OR OF THIS TITLE TO THE CONTRARY
NOTWITHSTANDING, THE AMOUNTS IN A QUALIFIED LONG TERM CARE SAVINGS
ACCOUNT SHALL NOT BE DEEMED A COUNTABLE ASSET PURSUANT TO THIS TITLE OF
THE OWNER OF SUCH ACCOUNT.
6. THE COMMISSIONER, AFTER CONSULTATION WITH THE ADVISORY COMMITTEE,
SHALL ESTABLISH APPROPRIATE RULES AND QUALIFICATIONS FOR QUALIFIED LONG
TERM CARE SAVINGS ACCOUNTS, INCLUDING BUT NOT LIMITED TO ELIGIBILITY AND
APPROVAL, USE OF PROCEEDS, THE MANNER OF PROOF OF DENIAL OF LONG TERM
CARE INSURANCE COVERAGE AND THE MEANS BY WHICH THE OWNER OF SUCH ACCOUNT
SHALL PLEDGE TO USE THE PROCEEDS OF A QUALIFIED LONG TERM CARE SAVINGS
ACCOUNT IN FULFILLMENT OF A PLEDGE.
7. ANY OTHER PROVISION OF LAW OR OF THIS TITLE TO THE CONTRARY
NOTWITHSTANDING, THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF THE
DISTRIBUTION FROM THE ACCOUNT IS MADE AFTER THE DEATH OF THE OWNER OF
SUCH ACCOUNT, PROVIDED HOWEVER THAT:
(A) IF THE SURVIVING SPOUSE OF THE OWNER OF SUCH ACCOUNT OR A CHRON-
ICALLY ILL INDIVIDUAL ACQUIRES SUCH OWNER'S INTEREST IN SUCH ACCOUNT BY
REASON OF BEING THE DESIGNATED BENEFICIARY OF SUCH ACCOUNT AT THE DEATH
S. 4064 15
OF SUCH OWNER OF SUCH ACCOUNT, SUCH QUALIFIED LONG TERM CARE SAVINGS
ACCOUNT SHALL BE TREATED AS IF THE SPOUSE OR SUCH CHRONICALLY ILL INDI-
VIDUAL WERE THE OWNER OF SUCH ACCOUNT;
(B) IN A CASE IN WHICH, UPON THE DEATH OF THE OWNER OF SUCH ACCOUNT, A
PERSON WHO IS NOT THE SPOUSE OF THE BENEFICIARY OR WHO IS NOT CHRON-
ICALLY ILL ACQUIRES THE INTEREST OF THE OWNER OF SUCH ACCOUNT IN A QUAL-
IFIED LONG TERM CARE SAVINGS ACCOUNT, SUCH ACCOUNT SHALL CEASE TO BE A
QUALIFIED LONG TERM CARE SAVINGS ACCOUNT AS OF THE DATE OF THE DEATH OF
THE OWNER OF SUCH ACCOUNT, AND
(I) IF SUCH PERSON IS NOT THE ESTATE OF SUCH BENEFICIARY, AN AMOUNT
EQUAL TO THE FAIR MARKET VALUE OF THE ASSETS IN SUCH ACCOUNT ON SUCH
DATE SHALL BE INCLUDIBLE IN SUCH PERSON'S GROSS INCOME FOR THE TAXABLE
YEAR WHICH INCLUDES SUCH DATE, PROVIDED HOWEVER THAT SUCH INCLUDIBLE
AMOUNT SHALL BE REDUCED BY DISTRIBUTIONS TO PAY FOR LONG TERM CARE
SERVICES PERMITTED PURSUANT TO THIS TITLE WHICH WERE INCURRED BY THE
DECEDENT BEFORE THE DATE OF THE DECEDENT'S DEATH AND PAID BY SUCH PERSON
WITHIN ONE YEAR AFTER SUCH DATE, OR
(II) IF SUCH PERSON IS THE ESTATE OF SUCH BENEFICIARY, AN AMOUNT EQUAL
TO THE FAIR MARKET VALUE OF THE ASSETS IN SUCH ACCOUNT ON SUCH DATE
SHALL BE INCLUDIBLE IN SUCH BENEFICIARY'S GROSS INCOME FOR THE LAST
TAXABLE YEAR OF SUCH BENEFICIARY, PROVIDED HOWEVER THAT SUCH FAIR MARKET
VALUE SHALL BE REDUCED BY DISTRIBUTIONS TO PAY FOR LONG TERM CARE
SERVICES PERMITTED PURSUANT TO THIS TITLE WHICH WERE INCURRED BY THE
DECEDENT BEFORE THE DATE OF THE DECEDENT'S DEATH AND PAID BY SUCH PERSON
WITHIN ONE YEAR AFTER SUCH DATE; AND
(C) THE TRANSFER OF THE INTEREST OF THE OWNER OF SUCH ACCOUNT TO SUCH
OWNER'S SPOUSE OR FORMER SPOUSE UNDER A DIVORCE OR SEPARATION INSTRUMENT
SHALL NOT BE CONSIDERED A TAXABLE TRANSFER MADE BY SUCH OWNER OF SUCH
ACCOUNT NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR OF THIS TITLE, AND
SUCH INTEREST SHALL, AFTER SUCH TRANSFER, BE TREATED AS A QUALIFIED LONG
TERM CARE SAVINGS ACCOUNT WITH RESPECT TO WHICH SUCH SPOUSE IS THE OWNER
OF SUCH ACCOUNT.
S 276. ADVISORY COMMITTEE. 1. THE COMMISSIONER SHALL ESTABLISH AN
ADVISORY COMMITTEE TO THE COMPACT PROGRAM, CONSISTING OF NINE PERSONS
APPOINTED BY THE COMMISSIONER AS FOLLOWS: TWO FROM THE ELDER LAW SECTION
OF THE NEW YORK STATE BAR ASSOCIATION TO INCLUDE THE CHAIR OF SUCH
SECTION OR A DESIGNEE APPOINTED BY THE CHAIR WHO SHALL SERVE EX OFFICIO;
TWO FROM STATEWIDE ADVOCACY GROUPS PRIMARILY CONCERNED WITH SENIOR
ISSUES; TWO FROM PROVIDERS OF SERVICES, INCLUDING ONE REPRESENTING
INSTITUTIONAL PROVIDERS OF SERVICES AND ONE REPRESENTING NON-INSTITU-
TIONAL PROVIDERS; TWO FROM INSURERS SELLING LONG TERM CARE INSURANCE IN
THE STATE WHO SHALL BE PERSONS WITH AT LEAST FIVE YEARS EXPERIENCE IN
THE DEVELOPMENT OF LONG TERM CARE INSURANCE PRODUCTS AND WHO ARE OR WHO
SHALL HAVE BEEN, SO FAR AS SHALL BE PRACTICABLE, IN EXECUTIVE POSITIONS;
AND ONE WITH AT LEAST FIVE YEARS ACTUARIAL EXPERIENCE IN LONG TERM CARE
INSURANCE MATTERS. MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS TITLE.
2. THE PURPOSE OF SUCH ADVISORY COMMITTEE SHALL BE TO PROVIDE ADVICE,
CONSULTATION AND RECOMMENDATIONS ON SPECIFIC ISSUES CONCERNING THE
COMPACT PROGRAM AND ON THE FURTHER DEVELOPMENT OF THE PROGRAM, INCLUDING
BUT NOT LIMITED TO SUCH ISSUES AS THE DEFINITION OF HARDSHIP AND THE
TREATMENT OF PERSONS EXPERIENCING HARDSHIP UNDER THE COMPACT, THE TREAT-
MENT OF ASSETS OF PERSONS WHO ARE LIVING SEPARATELY BUT NOT DIVORCED,
LOSS OF INCOME OR ASSETS AFTER A PARTICIPANT HAS AGREED TO A PLEDGE
AMOUNT, SPOUSAL PROTECTIONS, ESTABLISHMENT AND USE OF LONG TERM CARE
S. 4064 16
SAVINGS ACCOUNTS, AND ANY OTHER ISSUES WHICH THE COMMISSIONER OR THE
ADVISORY COMMITTEE SHALL DEEM NECESSARY OR APPROPRIATE TO THE OPERATION
OF THE COMPACT. THE ADVISORY COMMITTEE SHALL ADDITIONALLY CONSIDER
ISSUES RELATED TO CONTINUITY OF CARE BY PROVIDERS AND ANY ISSUES RELATED
TO SHIFTING OR FAILING TO PROVIDE SERVICES OR DROPPING PARTICIPANTS FROM
COVERAGE WHEN THEY BECOME BENEFICIARIES. IN PROMULGATING REGULATIONS
PURSUANT TO THIS TITLE, THE COMMISSIONER SHALL CONSULT THE ADVISORY
COMMITTEE, PROVIDED HOWEVER THAT FAILURE TO RESPOND TIMELY BY THE ADVI-
SORY COMMITTEE SHALL NOT BE DEEMED A DEFECT IN THE PROMULGATION OF SUCH
REGULATIONS. THE ADVISORY COMMITTEE MAY REQUEST AND SHALL RECEIVE FROM
THE COMMISSIONER SUCH DATA AND ANALYSIS, OR MAY MAKE SUCH ANALYSIS OF
SUCH DATA, AS SHALL ENABLE IT TO FULFILL ITS MISSION PURSUANT TO THIS
TITLE.
3. THE COMMITTEE SHALL ANNUALLY OR MORE OFTEN IF THE COMMITTEE SHALL
SO DECIDE REVIEW THE METHODOLOGY FOR SETTING THE AMOUNT OF THE COMPACT
SUBSIDY AND SHALL MAKE SUCH RECOMMENDATIONS FOR CHANGE AS IT SHALL DEEM
APPROPRIATE AND IN KEEPING WITH THE SPIRIT AND INTENT OF THIS TITLE TO
THE COMMISSIONER.
4. THE COMMITTEE SHALL ANNUALLY OR MORE OFTEN IF THE COMMITTEE SHALL
SO DECIDE REVIEW THE CONDUCT OF PROVIDERS OF SERVICE TO PARTICIPANTS AND
BENEFICIARIES AND MAY RECOMMEND TO THE COMMISSIONER THE ESTABLISHMENT OF
REQUIREMENTS CONCERNING SUCH CONDUCT TO PREVENT ABUSES. IF THE COMMITTEE
SHALL MAKE SUCH RECOMMENDATION, THE COMMISSIONER IS HEREBY AUTHORIZED TO
AND SHALL PRESCRIBE SUCH REQUIREMENTS BY RULE AND REGULATION.
5. IN ADDITION TO THE ADVISORY COMMITTEE, THE COMMISSIONER SHALL
ESTABLISH A TEN MEMBER CONSUMER ISSUES AND INTEGRITY COMMITTEE, THE
PURPOSE OF WHICH SHALL BE TO EXAMINE THE IMPLEMENTATION AND EFFECTIVE-
NESS OF THE COMPACT WITH RESPECT TO CONSUMER ISSUES. MEMBERS OF THE
COMMITTEE SHALL INCLUDE PERSONS WITH DISABILITIES, SENIORS, ADVOCATES
FOR PERSONS WITH DISABILITIES AND SENIORS, AND INDIVIDUALS FROM THE
ACADEMIC COMMUNITY WITH EXPERTISE IN LONG TERM CARE POLICY, HEALTH POLI-
CY AND SOCIAL POLICY. THE COMMITTEE SHALL ADDRESS ISSUES REFERRED TO IT
BY THE COMMISSIONER OR BY THE ADVISORY COMMITTEE, AND MAY ENGAGE IN
STUDIES OF ISSUES AT ITS OWN DISCRETION. THE CONSUMER ISSUES AND INTEG-
RITY COMMITTEE SHALL MEET IN A PUBLIC SETTING AT LEAST FOUR TIMES PER
YEAR AND AT SUCH OTHER TIMES AS THE COMMISSIONER OR THE CHAIR OF THE
COMMITTEE SHALL DEEM APPROPRIATE.
S 277. REQUIREMENT FOR CONFIDENTIALITY. EXCEPT AS OTHERWISE PROVIDED
IN THIS SECTION, ALL INFORMATION GATHERED FROM AN INDIVIDUAL SEEKING
ENROLLMENT IN THE COMPACT PROGRAM SHALL BE CONFIDENTIAL, WITH THE
FOLLOWING EXCEPTIONS:
1. REQUESTS FOR INFORMATION BASED UPON LEGITIMATE CRIMINAL JUSTICE
PURPOSES, AS SUCH TERM SHALL BE DEFINED IN REGULATION BY THE COMMISSION-
ER;
2. JUDICIAL SUBPOENAS;
3. REQUESTS FOR INFORMATION BY THE VICTIM OR CLAIMANT OR HIS OR HER
AUTHORIZED REPRESENTATIVE; AND
4. FOR PURPOSES NECESSARY AND PROPER FOR THE ADMINISTRATION OF THIS
TITLE.
ANY PERSON WHO KNOWINGLY AND INTENTIONALLY PERMITS THE RELEASE OF ANY
SUCH DATA AND INFORMATION NOT PERMITTED BY THIS TITLE SHALL BE GUILTY OF
A CLASS A MISDEMEANOR. THE COMMISSIONER SHALL PROMULGATE RULES AND REGU-
LATIONS INSURING THE TIMELINESS, COMPLETENESS, CONFIDENTIALITY AND
DISPOSITION OF SUCH DATA AND INFORMATION.
S 278. EDUCATION AND INFORMATION. THE PROGRAM MANAGEMENT ENTITY, IN
CONSULTATION WITH THE SUPERINTENDENT OF INSURANCE, THE DIRECTOR AND THE
S. 4064 17
COMMISSIONER, IS HEREBY AUTHORIZED AND DIRECTED, WITHIN AMOUNTS APPRO-
PRIATED THEREFOR, TO ESTABLISH AN EDUCATION AND OUTREACH PROGRAM
CONCERNING THE COMPACT PROGRAM OR TO COORDINATE SUCH EDUCATION AND
OUTREACH PROGRAM WITH ANY SIMILAR PUBLICLY SPONSORED PROGRAM FOR THE
PURPOSE OF INFORMING AND EDUCATING THE GENERAL PUBLIC OF THE AVAILABILI-
TY AND ADVANTAGES OF THE COMPACT PROGRAM BY MEANS INCLUDING BUT NOT
LIMITED TO THE FOLLOWING: EDUCATIONAL AND INFORMATIONAL MATERIALS IN
PRINT, AUDIO, VISUAL, ELECTRONIC OR OTHER MEDIA; PUBLIC SERVICE
ANNOUNCEMENTS, ADVERTISEMENTS, MEDIA CAMPAIGNS, WORKSHOPS, MASS MAIL-
INGS, CONFERENCES OR PRESENTATIONS; ESTABLISHMENT OF A TOLL-FREE TELE-
PHONE HOTLINE AND ELECTRONIC SERVICES TO PROVIDE INFORMATION; AND MEET-
INGS CONDUCTED BY ARRANGEMENT WITH THE COMMISSIONER WITH ESTATE
PLANNERS, ELDER LAW ATTORNEYS AND OTHER PROFESSIONALS CONCERNING LONG
TERM CARE INSURANCE, INCLUDING THOSE POLICIES AVAILABLE THROUGH THE
PARTNERSHIP FOR LONG TERM CARE PROGRAM. IN EXERCISING ANY POWERS UNDER
THIS SECTION, THE PROGRAM DIRECTOR MAY CONSULT WITH APPROPRIATE AGEN-
CIES, ORGANIZATIONS, CONSUMERS AND PROVIDERS OF LONG TERM CARE INSURANCE
OR ORGANIZATIONS REPRESENTING THEM. IN ADDITION TO STATE FUNDS APPROPRI-
ATED FOR PROGRAMS UNDER THIS SECTION, THE DIRECTOR MAY ACCEPT FUNDING
FROM PUBLIC SOURCES FOR PROGRAMS UNDER THIS SECTION AND MAY UNDERTAKE
JOINT OR COOPERATIVE PROGRAMS WITH OTHER PUBLIC AGENCIES OR PRIVATE
NOT-FOR-PROFIT CORPORATIONS WHICH ARE NEITHER PROVIDERS NOR REGULATORS
OF LONG TERM CARE INSURANCE OR AFFILIATES OR UNITS OF SUCH AGENCIES OR
CORPORATIONS.
S 2. Section 606 of the tax law is amended by adding a new subsection
(qq) to read as follows:
(QQ) LONG-TERM CARE SAVINGS CREDIT. (1) RESIDENTS. A TAXPAYER SHALL BE
ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE EQUAL TO THE
LESSER OF ONE THOUSAND FIVE HUNDRED DOLLARS OR TWENTY PERCENT OF THE
AMOUNT CONTRIBUTED TO A QUALIFIED LONG TERM CARE SAVINGS ACCOUNT ESTAB-
LISHED PURSUANT TO TITLE FIVE OF ARTICLE TWO OF THE ELDER LAW.
IF THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBSECTION FOR ANY
TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS
MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED
FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
(2) NONRESIDENTS AND PART-YEAR RESIDENTS. IN THE CASE OF A NONRESIDENT
TAXPAYER OR A PART-YEAR RESIDENT TAXPAYER, THE CREDIT DETERMINED UNDER
THIS SUBSECTION SHALL BE LIMITED TO THE AMOUNT DETERMINED BY MULTIPLYING
THE AMOUNT OF SUCH CREDIT BY THE NEW YORK SOURCE FRACTION AS SET FORTH
IN PARAGRAPH THREE OF SUBSECTION (E) OF SECTION SIX HUNDRED ONE OF THIS
PART. THE CREDIT AS SO LIMITED SHALL BE APPLIED AS PROVIDED IN PARAGRAPH
ONE OF THIS SUBSECTION.
S 3. The tax law is amended by adding a new section 28-a to read as
follows:
S 28-A. RULES CONCERNING QUALIFIED LONG TERM CARE SAVINGS ACCOUNTS. A
TAXPAYER MAY ESTABLISH A QUALIFIED LONG TERM CARE SAVINGS ACCOUNT PURSU-
ANT TO TITLE FIVE OF ARTICLE TWO OF THE ELDER LAW. A TAXPAYER WHO ESTAB-
LISHES SUCH ACCOUNT SHALL BE THE OWNER OF SUCH ACCOUNT. A TAXPAYER MAY
NOT OWN MORE THAN ONE SUCH ACCOUNT. SUCH ACCOUNT SHALL BE SUBJECT TO
THE FOLLOWING RULES:
1. A QUALIFIED LONG TERM CARE SAVINGS ACCOUNT SHALL BE ELIGIBLE FOR
CREDITS PURSUANT TO SECTION SIX HUNDRED SIX OF THIS CHAPTER, AND ANY
INDIVIDUAL WHO CONTRIBUTES TO A QUALIFIED LONG TERM CARE SAVINGS
ACCOUNT, IRRESPECTIVE OF WHETHER SUCH INDIVIDUAL IS THE OWNER OF SUCH
ACCOUNT, SHALL BE ELIGIBLE FOR SUCH CREDITS.
S. 4064 18
2. ANY OTHER PROVISION OF LAW TO THE CONTRARY NOTWITHSTANDING, THE
PROVISIONS OF THIS SECTION RELATING TO CREDITS, CONTRIBUTIONS OR
DISTRIBUTIONS FROM SUCH LONG TERM CARE SAVINGS ACCOUNTS SHALL NOT APPLY
IF THE DISTRIBUTION FROM THE ACCOUNT IS MADE AFTER THE DEATH OF THE
OWNER OF SUCH ACCOUNT, PROVIDED HOWEVER THAT:
(A) IF THE SURVIVING SPOUSE OF THE OWNER OF SUCH ACCOUNT, OR A CHRON-
ICALLY ILL INDIVIDUAL AS PROVIDED BY TITLE FIVE OF ARTICLE TWO OF THE
ELDER LAW, ACQUIRES SUCH OWNER'S INTEREST IN SUCH ACCOUNT BY REASON OF
BEING THE DESIGNATED BENEFICIARY OF SUCH ACCOUNT AT THE DEATH OF SUCH
OWNER OF SUCH ACCOUNT, SUCH QUALIFIED LONG TERM CARE SAVINGS ACCOUNT
SHALL BE TREATED AS IF THE SPOUSE OR SUCH CHRONICALLY ILL INDIVIDUAL
WERE THE OWNER OF SUCH ACCOUNT. SUCH SPOUSE MAY USE THE PROCEEDS OF THE
ACCOUNT WITHOUT PENALTY.
(B) IN A CASE IN WHICH, UPON THE DEATH OF THE OWNER OF SUCH ACCOUNT, A
PERSON WHO IS NOT THE SPOUSE OF THE BENEFICIARY OR WHO IS NOT CHRON-
ICALLY ILL ACQUIRES THE INTEREST OF THE OWNER OF SUCH ACCOUNT IN A QUAL-
IFIED LONG TERM CARE SAVINGS ACCOUNT, SUCH ACCOUNT SHALL CEASE TO BE A
QUALIFIED LONG TERM CARE SAVINGS ACCOUNT AS OF THE DATE OF THE DEATH OF
THE OWNER OF SUCH ACCOUNT, AND
(I) IF SUCH PERSON IS NOT THE ESTATE OF SUCH BENEFICIARY, THE VALUE OF
THE ASSETS IN SUCH ACCOUNT ON SUCH DATE SHALL BE INCLUDIBLE IN SUCH
PERSON'S GROSS INCOME FOR THE TAXABLE YEAR WHICH INCLUDES SUCH DATE,
PROVIDED HOWEVER THAT SUCH INCLUDIBLE AMOUNT SHALL BE REDUCED BY
DISTRIBUTIONS TO PAY FOR LONG TERM CARE SERVICES PERMITTED PURSUANT TO
THIS SECTION WHICH WERE INCURRED BY THE DECEDENT BEFORE THE DATE OF THE
DECEDENT'S DEATH AND PAID BY SUCH PERSON WITHIN ONE YEAR AFTER SUCH
DATE, OR
(II) IF SUCH PERSON IS THE ESTATE OF SUCH BENEFICIARY, THE VALUE OF
THE ASSETS IN SUCH ACCOUNT ON SUCH DATE SHALL BE INCLUDIBLE IN SUCH
BENEFICIARY'S GROSS INCOME FOR THE LAST TAXABLE YEAR OF SUCH BENEFICI-
ARY, PROVIDED HOWEVER THAT SUCH VALUE SHALL BE REDUCED BY DISTRIBUTIONS
TO PAY FOR LONG TERM CARE SERVICES PERMITTED PURSUANT TO THIS SECTION
WHICH WERE INCURRED BY THE DECEDENT BEFORE THE DATE OF THE DECEDENT'S
DEATH AND PAID BY SUCH PERSON WITHIN ONE YEAR AFTER SUCH DATE.
(C) THE TRANSFER OF THE INTEREST OF THE OWNER OF SUCH ACCOUNT TO SUCH
OWNER'S SPOUSE OR FORMER SPOUSE UNDER A DIVORCE OR SEPARATION INSTRU-
MENT SHALL NOT BE CONSIDERED A TAXABLE TRANSFER MADE BY SUCH OWNER OF
SUCH ACCOUNT NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR OF THIS
ARTICLE, AND SUCH INTEREST SHALL, AFTER SUCH TRANSFER, BE TREATED AS A
QUALIFIED LONG TERM CARE SAVINGS ACCOUNT WITH RESPECT TO WHICH SUCH
SPOUSE IS THE OWNER OF SUCH ACCOUNT.
S 4. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
S 5. This act shall take effect on the ninetieth day after it shall
have become a law.