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

                                  3266

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

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

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

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

  Section  1.  Subparagraph  2 of paragraph (n), subparagraph 2 of para-
graph (o), and subparagraph 2 of  paragraph  (p)  of  subdivision  4  of
section  366 of the social services law, subparagraph 2 of paragraph (n)
as added by chapter 584 of the laws of 1989, subparagraph 2 of paragraph
(o) as amended by section 97 of part B of chapter 436  of  the  laws  of
1997,  and  subparagraph  2 of paragraph (p) as amended by section 65 of
part C of chapter 58 of the  laws  of  2009,  are  amended  to  read  as
follows:
  (2)  For purposes of this paragraph, resources available to such fami-
lies OF LESS THAN FIFTY THOUSAND DOLLARS shall  not  be  considered  nor
required to be applied toward the payment or part payment of the cost of
medical  assistance  care,  services  and  supplies available under this
paragraph.
  (2) For purposes of  determining  eligibility  under  this  paragraph,
family  income  is  determined  by  use  of the same methodology used to
determine eligibility for the aid to dependent children  program  as  it
existed  on  the  sixteenth day of July, nineteen hundred ninety-six and
resources available to such family OF LESS THAN FIFTY  THOUSAND  DOLLARS
shall  not  be  considered  nor  required  to  be applied to the cost of
medical care, services or supplies available under this paragraph.
  (2) For purposes of determining  eligibility  for  medical  assistance
under  this  paragraph,  family income shall be determined by use of the
same methodology used to determine eligibility for the aid to  dependent
children  program  as  it existed on the sixteenth day of July, nineteen

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07278-01-1
              

A. 3266                             2

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