Assembly Bill A9227

2011-2012 Legislative Session

Limits the definition of "estate", for purposes of medical assistance, to all property and assets in an individual's estate and passing under a will or by intestacy

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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

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2011-A9227 (ACTIVE) - Details

See Senate Version of this Bill:
S6226
Current Committee:
Assembly Health
Law Section:
Social Services Law
Laws Affected:
Amd ยง369, Soc Serv L

2011-A9227 (ACTIVE) - Summary

Limits the definition of "estate", for purposes of medical assistance, to all property and assets in an individual's estate and passing under a will or by intestacy.

2011-A9227 (ACTIVE) - Bill Text download pdf 

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

                                  9227

                          I N  A S S E M B L Y

                            February 7, 2012
                               ___________

Introduced  by  M. of A. GOTTFRIED, GUNTHER -- read once and referred to
  the Committee on Health

AN ACT to amend the social services law, in relation to  the  definition
  of "estate" for purposes of medical assistance for the needy

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

  Section 1. Subdivision 6 of section 369 of the social services law, as
amended by section 53 of part H of chapter 59 of the laws  of  2011,  is
amended to read as follows:
  6.  For  purposes of this section, [an individual's] THE TERM "estate"
[includes] MEANS all [of the individual's] real  and  personal  property
and  other  assets  INCLUDED  WITHIN THE INDIVIDUAL'S ESTATE AND passing
under the terms of a valid will or  by  intestacy.  [Pursuant  to  regu-
lations  adopted  by  the  commissioner,  which may be promulgated on an
emergency basis, an individual's estate also includes any other property
in which the individual has any legal title or interest at the  time  of
death,  including  jointly  held  property,  retained  life estates, and
interests in trusts, to the extent of such interests; provided, however,
that a claim against a recipient of such  property  by  distribution  or
survival  shall  be limited to the value of the property received or the
amount of medical assistance benefits otherwise recoverable pursuant  to
this  section,  whichever  is less. Nothing in this subdivision shall be
construed as authorizing the department or a social services district to
impose liens or make recoveries that  are  prohibited  by  federal  laws
governing the medical assistance program.]
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13814-01-2

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