S T A T E   O F   N E W   Y O R K
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                                  2767

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Social Services

AN ACT to amend the social services law,  in  relation  to  establishing
  resource level requirements for the family health plus program

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

  Section 1. Subparagraph (iii) of paragraph (a)  of  subdivision  2  of
section  369-ee of the social services law, as added by chapter 1 of the
laws of 1999, is amended to read as follows:
  (iii) does not have equivalent health care coverage under insurance or
equivalent mechanisms, as defined by the  commissioner  in  consultation
with  the superintendent of insurance; AND FOR PURPOSES OF THIS SUBPARA-
GRAPH, MEDICARE PROVIDED PURSUANT TO PART A OF TITLE XVIII OF THE FEDER-
AL SOCIAL SECURITY ACT SHALL BE DEEMED TO NOT BE  AN  EQUIVALENT  HEALTH
CARE COVERAGE UNDER INSURANCE OR AN EQUIVALENT MECHANISM;
  S  2.  Subparagraph (iii) of paragraph (a) of subdivision 2 of section
369-ee of the social service law, as amended by section 28 of part E  of
chapter 63 of the laws of 2005, is amended to read as follows:
  (iii) does not have equivalent health care coverage under insurance or
equivalent  mechanisms,  as  defined by the commissioner in consultation
with the superintendent of insurance, and is not a federal, state, coun-
ty, municipal or school district employee that is  eligible  for  health
care  coverage  through  his  or  her employer; AND FOR PURPOSES OF THIS
SUBPARAGRAPH, MEDICARE PROVIDED PURSUANT TO PART A OF TITLE XVIII OF THE
FEDERAL SOCIAL SECURITY ACT SHALL BE DEEMED  TO  NOT  BE  AN  EQUIVALENT
HEALTH CARE COVERAGE UNDER INSURANCE OR AN EQUIVALENT MECHANISM;
  S  3.  Paragraph  (b) of subdivision 2 of section 369-ee of the social
services law, as amended by section 45-d of part C of chapter 58 of  the
laws of 2008, is amended to read as follows:
  (b) Subject to the provisions of paragraph (d) of this subdivision, in
order  to  establish  income  eligibility  under this subdivision, WHICH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05901-01-9
              

A. 2767                             2

SHALL ALSO BE DETERMINED WITH REGARD TO RESOURCES, an  individual  shall
provide  such documentation as is necessary and sufficient to initially,
and annually thereafter, determine an applicant's eligibility for cover-
age  under  this  title.  Such  documentation  shall include, but not be
limited to the following, if needed to verify eligibility:
  (i) paycheck stubs; or
  (ii) written documentation of income from all employers; or
  (iii) other documentation of income (earned or unearned) as determined
by the commissioner, provided  however,  such  documentation  shall  set
forth the source of such income; and
  (iv)  proof of identity and residence as determined by the commission-
er.
  The commissioner of health may verify the accuracy of the  information
provided  by  the  individual  pursuant to this paragraph by matching it
against information to which  the  commissioner  of  health  has  access
including  under  subdivision eight of section three hundred sixty-six-a
of this article.
  S 4. Section 369-ee of the social services law is  amended  by  adding
two new subdivisions 2-c and 2-d to read as follows:
  2-C. EXEMPT RESOURCES. (A) THE FOLLOWING RESOURCES SHALL BE EXEMPT AND
SHALL  NOT  BE TAKEN INTO CONSIDERATION IN DETERMINING A PERSON'S ELIGI-
BILITY FOR MEDICAL CARE, SERVICES  AND  SUPPLIES  AVAILABLE  UNDER  THIS
TITLE:
  (I) A HOMESTEAD WHICH IS ESSENTIAL AND APPROPRIATE TO THE NEEDS OF THE
HOUSEHOLD;
  (II) ESSENTIAL PERSONAL PROPERTY;
  (III) A BURIAL FUND, TO THE EXTENT ALLOWED AS AN EXEMPT RESOURCE UNDER
THE  CASH  ASSISTANCE  PROGRAM  TO  WHICH  THE APPLICANT IS MOST CLOSELY
RELATED;
  (IV) SAVINGS IN AMOUNTS EQUAL TO  AT  LEAST  ONE-HALF  OF  THE  INCOME
AMOUNT  PERMITTED  UNDER SUBPARAGRAPH SEVEN OF PARAGRAPH (A) OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED SIXTY-SIX OF THIS  ARTICLE,  PROVIDED,
HOWEVER, THAT THE AMOUNTS FOR ONE AND TWO PERSON HOUSEHOLDS SHALL NOT BE
LESS THAN THE AMOUNTS PERMITTED TO BE RETAINED BY HOUSEHOLDS OF THE SAME
SIZE  IN  ORDER  TO  QUALIFY FOR BENEFITS UNDER THE FEDERAL SUPPLEMENTAL
SECURITY INCOME PROGRAM;
  (V) HEALTH INSURANCE PREMIUMS.
  NO OTHER RESOURCES, INCLUDING FEDERAL OLD-AGE, SURVIVORS AND DISABILI-
TY INSURANCE, STATE DISABILITY INSURANCE OR  OTHER  PAYROLL  DEDUCTIONS,
WHETHER  MANDATORY  OR OPTIONAL, SHALL BE EXEMPT AND ALL OTHER RESOURCES
SHALL BE TAKEN INTO CONSIDERATION AND REQUIRED TO BE APPLIED TOWARD  THE
PAYMENT  OR  PARTIAL  PAYMENT  OF  THE COST OF MEDICAL CARE AND SERVICES
AVAILABLE UNDER THIS SECTION, TO THE EXTENT PERMITTED BY FEDERAL LAW.
  (B)(I) IN ESTABLISHING STANDARDS FOR DETERMINING ELIGIBILITY  FOR  AND
AMOUNT  OF  SUCH  ASSISTANCE,  THE  DEPARTMENT OF HEALTH SHALL TAKE INTO
ACCOUNT ONLY SUCH RESOURCES, IN ACCORDANCE WITH FEDERAL REQUIREMENTS, AS
ARE AVAILABLE TO THE APPLICANT OR RECIPIENT AND AS WOULD NOT BE REQUIRED
TO BE DISREGARDED OR SET ASIDE FOR FUTURE NEEDS, AND THERE  SHALL  BE  A
REASONABLE  EVALUATION  OF  ANY SUCH RESOURCES. THE DEPARTMENT OF HEALTH
SHALL NOT CONSIDER THE AVAILABILITY OF  AN  OPTION  FOR  AN  ACCELERATED
PAYMENT  OF  DEATH BENEFITS OR SPECIAL SURRENDER VALUE PURSUANT TO PARA-
GRAPH ONE OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN
OF THE INSURANCE LAW, OR AN OPTION TO ENTER INTO A  VIATICAL  SETTLEMENT
PURSUANT  TO  THE  PROVISIONS  OF ARTICLE SEVENTY-EIGHT OF THE INSURANCE
LAW, AS AN AVAILABLE RESOURCE IN DETERMINING ELIGIBILITY FOR  AN  AMOUNT
OF SUCH ASSISTANCE, PROVIDED, HOWEVER, THAT THE PAYMENT OF SUCH BENEFITS

A. 2767                             3

SHALL  BE  CONSIDERED  IN DETERMINING ELIGIBILITY FOR AND AMOUNT OF SUCH
ASSISTANCE. THERE SHALL NOT BE TAKEN INTO  CONSIDERATION  THE  FINANCIAL
RESPONSIBILITY  OF  ANY  INDIVIDUAL  FOR  ANY  APPLICANT OR RECIPIENT OF
ASSISTANCE UNDER THIS SECTION UNLESS SUCH APPLICANT OR RECIPIENT IS SUCH
INDIVIDUAL'S  SPOUSE  OR SUCH INDIVIDUAL'S CHILD WHO IS UNDER TWENTY-ONE
YEARS OF AGE. IN DETERMINING THE ELIGIBILITY OF A CHILD WHO IS CATEGORI-
CALLY ELIGIBLE AS BLIND OR DISABLED,  AS  DETERMINED  UNDER  REGULATIONS
PRESCRIBED  BY  THE  SOCIAL  SECURITY  ACT  FOR  MEDICAL ASSISTANCE, THE
RESOURCES OF PARENTS OR SPOUSES OF PARENTS ARE NOT CONSIDERED  AVAILABLE
TO THAT CHILD IF HE OR SHE DOES NOT REGULARLY SHARE THE COMMON HOUSEHOLD
EVEN IF THE CHILD RETURNS TO THE COMMON HOUSEHOLD FOR PERIODIC VISITS.
  (II)  IN  EVALUATING  THE  RESOURCES  AVAILABLE TO AN APPLICANT FOR OR
RECIPIENT OF MEDICAL ASSISTANCE, FOR PURPOSES OF DETERMINING ELIGIBILITY
FOR AND THE AMOUNT OF SUCH ASSISTANCE, THE  DEPARTMENT  OF  HEALTH  MUST
CONSIDER ASSETS HELD IN OR PAID FROM TRUSTS CREATED BY SUCH APPLICANT OR
RECIPIENT,  AS  DETERMINED PURSUANT TO THE REGULATIONS OF THE DEPARTMENT
OF HEALTH, IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBPARAGRAPH.
  (A) IN THE CASE OF A REVOCABLE TRUST CREATED BY AN APPLICANT OR RECIP-
IENT, AS DETERMINED PURSUANT TO REGULATIONS OF THE DEPARTMENT OF  HEALTH
THE TRUST CORPUS MUST BE CONSIDERED TO BE AN AVAILABLE RESOURCE.
  (B)  IN  THE  CASE  OF AN IRREVOCABLE TRUST CREATED BY AN APPLICANT OR
RECIPIENT, AS DETERMINED PURSUANT TO REGULATIONS OF  THE  DEPARTMENT  OF
HEALTH  ANY  PORTION OF THE TRUST CORPUS, AND OF THE INCOME GENERATED BY
THE TRUST CORPUS, FROM WHICH PAYMENT COULD BE MADE TO OR FOR THE BENEFIT
OF SUCH APPLICANT OR RECIPIENT MUST BE CONSIDERED  TO  BE  AN  AVAILABLE
RESOURCE.
  (C)  NOTWITHSTANDING  THE  PROVISIONS  OF  CLAUSES (A) AND (B) OF THIS
SUBPARAGRAPH, IN THE CASE OF AN APPLICANT OR RECIPIENT WHO IS  DISABLED,
AS  SUCH  TERM  IS  DEFINED  IN SECTION 1614(A)(3) OF THE FEDERAL SOCIAL
SECURITY ACT, THE DEPARTMENT OF HEALTH MUST NOT  CONSIDER  AS  AVAILABLE
RESOURCES THE CORPUS OR INCOME OF THE FOLLOWING TRUSTS WHICH COMPLY WITH
THE  PROVISIONS  OF  THE  REGULATIONS  AUTHORIZED  BY CLAUSE (D) OF THIS
SUBPARAGRAPH:
  (I) A TRUST CONTAINING THE ASSETS OF SUCH A DISABLED INDIVIDUAL  WHICH
WAS  ESTABLISHED  FOR  THE BENEFIT OF THE DISABLED INDIVIDUAL WHILE SUCH
INDIVIDUAL WAS UNDER SIXTY-FIVE YEARS OF AGE BY A  PARENT,  GRANDPARENT,
LEGAL GUARDIAN, OR COURT OF COMPETENT JURISDICTION, IF UPON THE DEATH OF
SUCH  INDIVIDUAL  THE  STATE  WILL  RECEIVE ALL AMOUNTS REMAINING IN THE
TRUST UP TO THE TOTAL VALUE OF ALL MEDICAL ASSISTANCE PAID ON BEHALF  OF
SUCH INDIVIDUAL; AND
  (II)  A  TRUST  CONTAINING  THE  ASSETS  OF SUCH A DISABLED INDIVIDUAL
ESTABLISHED AND MANAGED BY  A  NON-PROFIT  ASSOCIATION  WHICH  MAINTAINS
SEPARATE  ACCOUNTS  FOR  THE  BENEFIT  OF DISABLED INDIVIDUALS, BUT, FOR
PURPOSES  OF  INVESTMENT  AND  MANAGEMENT  OF  TRUST  FUNDS,  POOLS  THE
ACCOUNTS, PROVIDED THAT ACCOUNTS IN THE TRUST FUND ARE ESTABLISHED SOLE-
LY  FOR  THE  BENEFIT  OF  INDIVIDUALS  WHO ARE DISABLED AS SUCH TERM IS
DEFINED IN SECTION 1614(A)(3) OF THE FEDERAL SOCIAL SECURITY ACT BY SUCH
DISABLED INDIVIDUAL, A PARENT, GRANDPARENT, LEGAL GUARDIAN, OR COURT  OF
COMPETENT  JURISDICTION, AND TO THE EXTENT THAT AMOUNTS REMAINING IN THE
INDIVIDUAL'S ACCOUNT ARE NOT RETAINED BY THE TRUST UPON THE DEATH OF THE
INDIVIDUAL, THE STATE WILL RECEIVE ALL SUCH REMAINING AMOUNTS UP TO  THE
TOTAL VALUE OF ALL MEDICAL ASSISTANCE PAID ON BEHALF OF SUCH INDIVIDUAL.
NOTWITHSTANDING  ANY  LAW  TO THE CONTRARY, A NOT-FOR-PROFIT CORPORATION
MAY, IN FURTHERANCE OF AND AS AN ADJUNCT TO ITS CORPORATE PURPOSES,  ACT
AS TRUSTEE OF A TRUST FOR PERSONS WITH DISABILITIES ESTABLISHED PURSUANT
TO THIS SUBCLAUSE, PROVIDED THAT A TRUST COMPANY, AS DEFINED IN SUBDIVI-

A. 2767                             4

SION SEVEN OF SECTION ONE HUNDRED-C OF THE BANKING LAW, ACTS AS CO-TRUS-
TEE.
  (D)  THE DEPARTMENT OF HEALTH SHALL PROMULGATE SUCH REGULATIONS AS MAY
BE NECESSARY TO CARRY OUT THE  PROVISIONS  OF  THIS  SUBPARAGRAPH.  SUCH
REGULATIONS  SHALL  INCLUDE  PROVISIONS FOR: ASSURING THE FULFILLMENT OF
FIDUCIARY OBLIGATIONS OF THE  TRUSTEE  WITH  RESPECT  TO  THE  REMAINDER
INTEREST OF THE DEPARTMENT OF HEALTH OR STATE; MONITORING POOLED TRUSTS;
APPLYING THIS SUBDIVISION TO LEGAL INSTRUMENTS AND OTHER DEVICES SIMILAR
TO  TRUSTS, IN ACCORDANCE WITH APPLICABLE FEDERAL RULES AND REGULATIONS;
AND ESTABLISHING PROCEDURES UNDER WHICH THE APPLICATION OF THIS SUBDIVI-
SION WILL BE WAIVED WITH RESPECT TO AN APPLICANT OR RECIPIENT WHO DEMON-
STRATES THAT SUCH APPLICATION WOULD WORK AN UNDUE  HARDSHIP  ON  HIM  OR
HER,  IN  ACCORDANCE  WITH  STANDARDS  SPECIFIED BY THE SECRETARY OF THE
FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES.  SUCH  REGULATIONS  MAY
REQUIRE  NOTIFICATION  OF  THE  DEPARTMENT OF THE CREATION OR FUNDING OF
SUCH A TRUST FOR THE BENEFIT OF AN APPLICANT FOR OR RECIPIENT OF MEDICAL
ASSISTANCE; NOTIFICATION OF THE DEPARTMENT OF HEALTH OF THE DEATH  OF  A
BENEFICIARY  OF  SUCH  A  TRUST  WHO IS A CURRENT OR FORMER RECIPIENT OF
MEDICAL ASSISTANCE; IN THE CASE OF A TRUST, THE CORPUS OF WHICH  EXCEEDS
ONE  HUNDRED  THOUSAND DOLLARS, NOTIFICATION OF THE DEPARTMENT OF HEALTH
OF TRANSACTIONS TENDING  TO  SUBSTANTIALLY  DEPLETE  THE  TRUST  CORPUS;
NOTIFICATION  OF  THE DEPARTMENT OF HEALTH OF ANY TRANSACTIONS INVOLVING
TRANSFERS FROM THE TRUST CORPUS FOR LESS THAN  FAIR  MARKET  VALUE;  THE
BONDING  OF  THE TRUSTEE WHEN THE ASSETS OF SUCH A TRUST EQUAL OR EXCEED
ONE MILLION DOLLARS, UNLESS A COURT  OF  COMPETENT  JURISDICTION  WAIVES
SUCH REQUIREMENT; AND THE BONDING OF THE TRUSTEE WHEN THE ASSETS OF SUCH
A  TRUST  ARE  LESS  THAN  ONE MILLION DOLLARS, UPON ORDER OF A COURT OF
COMPETENT JURISDICTION.   THE DEPARTMENT OF HEALTH,  TOGETHER  WITH  THE
BANKING  DEPARTMENT,  SHALL  PROMULGATE REGULATIONS GOVERNING THE ESTAB-
LISHMENT, MANAGEMENT AND MONITORING OF  TRUST  ESTABLISHED  PURSUANT  TO
SUBCLAUSE   (II)   OF  CLAUSE  (C)  OF  THIS  SUBPARAGRAPH  IN  WHICH  A
NOT-FOR-PROFIT CORPORATION AND A TRUST COMPANY SERVE AS CO-TRUSTEES.
  (E) NOTWITHSTANDING ANY ACTS, OMISSIONS OR FAILURES TO ACT OF A  TRUS-
TEE OF A TRUST WHICH THE DEPARTMENT OF HEALTH OR A LOCAL SOCIAL SERVICES
OFFICIAL  HAS  DETERMINED COMPLIES WITH THE PROVISIONS OF CLAUSE (C) AND
THE REGULATIONS AUTHORIZED BY  CLAUSE  (D)  OF  THIS  SUBPARAGRAPH,  THE
DEPARTMENT  MUST  NOT CONSIDER THE CORPUS OR INCOME OF ANY SUCH TRUST AS
AVAILABLE RESOURCES OF THE APPLICANT OR RECIPIENT WHO  IS  DISABLED,  AS
SUCH TERM IS DEFINED IN SECTION 1614(A)(3) OF THE FEDERAL SOCIAL SECURI-
TY ACT. THE DEPARTMENT OF HEALTH'S REMEDY FOR REDRESS OF ANY ACTS, OMIS-
SIONS  OR  FAILURES  TO  ACT  BY SUCH A TRUSTEE WHOSE ACTS, OMISSIONS OR
FAILURES ARE CONSIDERED BY THE DEPARTMENT OF HEALTH TO  BE  INCONSISTENT
WITH THE TERMS OF THE TRUST, CONTRARY TO APPLICABLE LAWS AND REGULATIONS
OF THE DEPARTMENT OF HEALTH, OR CONTRARY TO THE FIDUCIARY OBLIGATIONS OF
THE  TRUSTEE  SHALL BE THE COMMENCEMENT OF AN ACTION OR PROCEEDING UNDER
SUBDIVISION ONE OF SECTION SIXTY-THREE OF THE EXECUTIVE LAW TO SAFEGUARD
OR ENFORCE THE STATE'S REMAINDER INTEREST IN THE TRUST,  OR  SUCH  OTHER
ACTION  OR  PROCEEDING  AS  MAY  BE  LAWFUL AND APPROPRIATE AS TO ASSURE
COMPLIANCE BY THE TRUSTEE  OR  TO  SAFEGUARD  AND  ENFORCE  THE  STATE'S
REMAINDER INTEREST IN THE TRUST.
  2-D. RESOURCE ELIGIBILITY REQUIREMENTS. (A) IN DETERMINING THE INITIAL
OR  CONTINUING  ELIGIBILITY  OF  ANY  PERSON  FOR  ASSISTANCE UNDER THIS
SECTION, THERE SHALL BE INCLUDED IN THE AMOUNT OF  RESOURCES  CONSIDERED
AVAILABLE  TO SUCH PERSON THE UNCOMPENSATED VALUE OF ANY RESOURCE TRANS-
FERRED, AND SUCH PERSON SHALL BE INELIGIBLE FOR SUCH ASSISTANCE FOR SUCH
PERIOD OR PERIODS AS SPECIFIED IN THIS SUBDIVISION.

A. 2767                             5

  (B) (I) A NONEXEMPT RESOURCE SHALL MEAN ANY RESOURCE WHICH IF RETAINED
BY SUCH  PERSON  WOULD  NOT  BE  EXEMPT  FROM  CONSIDERATION  UNDER  THE
PROVISIONS OF SUBDIVISION TWO-C OF THIS SECTION;
  (II)  ANY  TRANSFER  OF  A  NONEXEMPT RESOURCE MADE WITHIN TWENTY-FOUR
MONTHS PRIOR TO THE DATE OF A PERSON'S APPLICATION FOR  MEDICAL  ASSIST-
ANCE  SHALL  BE PRESUMED TO HAVE BEEN MADE FOR THE PURPOSE OF QUALIFYING
FOR SUCH ASSISTANCE; HOWEVER,  IF  SUCH  PERSON  FURNISHES  EVIDENCE  TO
ESTABLISH  THAT THE TRANSFER WAS EXCLUSIVELY FOR SOME OTHER PURPOSE, THE
UNCOMPENSATED VALUE SHALL NOT BE CONSIDERED AVAILABLE TO SUCH PERSON  IN
DETERMINING  HIS  OR  HER  INITIAL  OR CONTINUED ELIGIBILITY FOR MEDICAL
ASSISTANCE;
  (III) THE UNCOMPENSATED VALUE OF ANY SUCH RESOURCE SHALL BE  THE  FAIR
MARKET  VALUE OF SUCH RESOURCE AT THE TIME OF TRANSFER, MINUS THE AMOUNT
OF THE COMPENSATION RECEIVED BY THE PERSON IN EXCHANGE FOR THE RESOURCE;
  (IV) EXCESS RESOURCES SHALL BE  THE  TOTAL  OF  A  PERSON'S  NONEXEMPT
RESOURCES ABOVE TWENTY THOUSAND DOLLARS;
  (V)  ANY PERSON DETERMINED TO HAVE RESOURCES IN EXCESS OF TWENTY THOU-
SAND DOLLARS SHALL BE  INELIGIBLE  FOR  ASSISTANCE  UNDER  THIS  SECTION
PURSUANT TO SUBPARAGRAPHS (VI) AND (VII) OF THIS PARAGRAPH;
  (VI)  ANY  PERSON DETERMINED TO HAVE EXCESS RESOURCES OF FIFTEEN THOU-
SAND DOLLARS OR LESS BECAUSE OF THE APPLICATION OF THIS PARAGRAPH  SHALL
REMAIN  INELIGIBLE FOR ASSISTANCE UNDER THIS TITLE FOR A PERIOD OF TWEN-
TY-FOUR MONTHS FROM THE DATE OF THE TRANSFER, OR UNTIL SUCH  PERSON  CAN
DEMONSTRATE  THAT HE OR SHE HAS INCURRED MEDICAL EXPENSES AFTER THE DATE
OF TRANSFER IN THE AMOUNT  OF  SUCH  EXCESS  ABOVE  OTHERWISE  ALLOWABLE
RESOURCES, WHICHEVER PERIOD IS SHORTER;
  (VII)  ANY  PERSON  DETERMINED  TO  HAVE EXCESS RESOURCES OF MORE THAN
FIFTEEN THOUSAND DOLLARS BECAUSE OF THE APPLICATION  OF  THIS  PARAGRAPH
SHALL  REMAIN  INELIGIBLE FOR ASSISTANCE UNDER THIS SECTION FOR A PERIOD
WHICH EXCEEDS TWENTY-FOUR MONTHS, WHICH PERIOD SHALL  BE  DETERMINED  BY
ADDING  AN  ADDITIONAL  MONTH  OF  INELIGIBILITY  FOR  EACH TWO THOUSAND
DOLLARS IN EXCESS OF FIFTEEN THOUSAND DOLLARS, OR UNTIL SUCH PERSON  CAN
DEMONSTRATE  THAT HE OR SHE HAS INCURRED MEDICAL EXPENSES AFTER THE DATE
OF TRANSFER IN THE AMOUNT  OF  SUCH  EXCESS  ABOVE  OTHERWISE  ALLOWABLE
RESOURCES, WHICHEVER PERIOD IS SHORTER.
  (C) ANY TRANSFER OF A RESOURCE BY A PERSON OR SUCH PERSON'S SPOUSE FOR
LESS THAN FAIR MARKET VALUE MADE WITHIN OR AFTER THE THIRTY MONTHS IMME-
DIATELY  PRECEDING  THE DATE OF APPLICATION FOR MEDICAL ASSISTANCE UNDER
THIS SECTION,  SHALL  RENDER  THE  PERSON  INELIGIBLE  FOR  HEALTH  CARE
SERVICES  FOR  A PERIOD OF TWENTY-FOUR MONTHS FROM THE DATE OF TRANSFER,
WHICH PERIOD SHALL BE DETERMINED BY ADDING AN ADDITIONAL MONTH OF  INEL-
IGIBILITY  FOR  EACH  TWO THOUSAND DOLLARS IN EXCESS OF FIFTEEN THOUSAND
DOLLARS, OR UNTIL SUCH  PERSON  CAN  DEMONSTRATE  THAT  HE  OR  SHE  HAS
INCURRED  MEDICAL  EXPENSES  AFTER THE DATE OF TRANSFER IN THE AMOUNT OF
SUCH EXCESS ABOVE ALLOWABLE  RESOURCES,  WHICHEVER  PERIOD  IS  SHORTER;
HOWEVER, A PERSON SHALL NOT BE INELIGIBLE FOR HEALTH CARE SERVICES SOLE-
LY BY REASON OF ANY SUCH TRANSFER TO THE EXTENT THAT:
  (I)  THE  RESOURCE  TRANSFERRED  WAS  A HOME AND TITLE TO THE HOME WAS
TRANSFERRED TO:
  (A) THE SPOUSE OF SUCH PERSON; OR
  (B) A CHILD OF SUCH PERSON WHO IS UNDER THE AGE OF TWENTY-ONE YEARS OR
CERTIFIED BLIND  OR  CERTIFIED  PERMANENTLY  AND  TOTALLY  DISABLED,  AS
DEFINED BY SECTION TWO HUNDRED EIGHT OF THIS ARTICLE; OR
  (C)  A  SIBLING OF SUCH PERSON WHO HAS AN EQUITY INTEREST IN SUCH HOME
AND WHO RESIDED IN SUCH HOME FOR A PERIOD OF AT  LEAST  ONE  YEAR  IMME-

A. 2767                             6

DIATELY BEFORE THE DATE THE PERSON APPLIED FOR MEDICAL ASSISTANCE PURSU-
ANT TO THIS SECTION; OR
  (D) A SON OR DAUGHTER OF SUCH PERSON WHO WAS RESIDING IN SUCH HOME FOR
A  PERIOD  OF AT LEAST TWO YEARS IMMEDIATELY BEFORE THE DATE SUCH PERSON
APPLIED FOR  MEDICAL  ASSISTANCE  PURSUANT  TO  THIS  SECTION,  AND  WHO
PROVIDED  CARE  TO  SUCH PERSON WHICH PERMITTED SUCH PERSON TO RESIDE AT
HOME RATHER THAN IN AN INSTITUTION OR FACILITY; OR
  (II) THE RESOURCE WAS TRANSFERRED TO OR FOR THE SOLE BENEFIT  OF  SUCH
PERSON'S SPOUSE, OR FROM SUCH PERSON'S SPOUSE TO OR FOR THE SOLE BENEFIT
OF  SUCH PERSON, OR TO HIS OR HER CHILD WHO IS CERTIFIED BLIND OR CERTI-
FIED PERMANENTLY AND TOTALLY DISABLED; OR
  (III) A SATISFACTORY SHOWING IS MADE THAT:
  (A) THE PERSON OR SUCH PERSON'S SPOUSE  INTENDED  TO  DISPOSE  OF  THE
RESOURCE  EITHER  AT  FAIR MARKET VALUE, OR FOR OTHER VALUABLE CONSIDER-
ATION, OR
  (B) THE RESOURCE WAS TRANSFERRED EXCLUSIVELY FOR A PURPOSE OTHER  THAN
TO QUALIFY FOR MEDICAL ASSISTANCE; OR
  (IV) DENIAL OF ELIGIBILITY WOULD WORK AN UNDUE HARDSHIP, AS DEFINED BY
THE  COMMISSIONER  WHICH  DEFINITION  SHALL INCLUDE THE INABILITY OF THE
PERSON OR SUCH PERSON'S SPOUSE TO RETRIEVE THE  RESOURCE  OR  TO  OBTAIN
FAIR MARKET VALUE THEREFOR DESPITE HIS OR HER BEST EFFORTS.
  (D)  THE  COMMISSIONER  SHALL PROMULGATE SUCH RULES AND REGULATIONS AS
MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SUBDIVISION.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have  become  a law; provided however that section one of this act shall
remain in effect until the approval of the commissioner of health pursu-
ant to subdivision 4 of section 79 of part C of chapter 58 of  the  laws
of  2005,  when upon such date the provisions of section two of this act
shall take effect; and provided further that the commissioner of  health
is  authorized  to promulgate any and all rules and regulations and take
any other measures necessary to implement this act on its effective date
on or before such date.