LBD04076-01-3
A. 2280 2
division contract home, and has not, according to the criteria promul-
gated by the department, sufficient income AND RESOURCES, including
available support from his parents, to meet all costs of required
medical care and services available under this title; or
(4) is receiving care, in the case of and in connection with the birth
of an out of wedlock child, in accordance with title two of article six
of this chapter, and has not, according to the criteria promulgated by
the department, sufficient income AND RESOURCES, including available
support from responsible relatives, to meet all costs of required
medical care and services available under this title; or
S 2. Subparagraphs 5, 6 and 8 of paragraph (a) of subdivision 1 of
section 366 of the social services law, subparagraphs 5 and 6 as amended
by section 59 of part C of chapter 58 of the laws of 2009, subparagraph
8 as separately amended by sections 59 and 63 of part C of chapter 58 of
the laws of 2009, are amended to read as follows:
(5) although not receiving public assistance or care for his or her
maintenance under other provisions of this chapter, has NOT, ACCORDING
TO THE CRITERIA AND STANDARDS ESTABLISHED BY THIS ARTICLE OR BY ACTION
OF THE DEPARTMENT, SUFFICIENT income and resources, including available
support from responsible relatives, [that does not exceed the amounts
set forth in paragraph (a) of subdivision two of this section,] TO MEET
ALL THE COSTS OF MEDICAL CARE AND SERVICES AVAILABLE UNDER THIS TITLE,
and is (i) UNDER THE AGE OF TWENTY-ONE YEARS, OR sixty-five years of age
or older, or certified blind or certified disabled or (ii) A SPOUSE OF A
CASH PUBLIC ASSISTANCE RECIPIENT LIVING WITH HIM OR HER AND ESSENTIAL OR
NECESSARY TO HIS OR HER WELFARE AND WHOSE NEEDS ARE TAKEN INTO ACCOUNT
IN DETERMINING THE AMOUNT OF HIS OR HER CASH PAYMENT OR (III) for
reasons other than income or resources[,]: (A) is eligible for federal
supplemental security income benefits and/or additional state payments;
OR (B) WOULD MEET THE ELIGIBILITY REQUIREMENTS OF THE AID TO DEPENDENT
CHILDREN PROGRAM AS IT EXISTED ON THE SIXTEENTH DAY OF JULY, NINETEEN
HUNDRED NINETY-SIX; or
(6) is a resident of a home for adults operated by a social services
district or a residential care center for adults or community residence
operated or certified by the office of mental health, and has not,
according to criteria promulgated by the department consistent with this
title, sufficient income[, or in the case of a person sixty-five years
of age or older, certified blind, or certified disabled, sufficient
income] and resources, including available support from responsible
relatives, to meet all the costs of required medical care and services
available under this title; or
(8) is a member of a family which contains a dependent child living
with a caretaker relative, which has[: (i) subject to the approval of
the federal Centers for Medicare and Medicaid services, gross income not
in excess of one hundred percent of the federal income official poverty
line (as defined and annually revised by the federal office of manage-
ment and budget) for a family of the same size as the families that
include the children or (ii) in the absence of such approval,] net
available income not in excess of one hundred thirty percent of the
highest amount that ordinarily would have been paid to a person without
any income or resources under the family assistance program as it
existed on the first day of November, nineteen hundred ninety-seven, to
be increased annually by the same percentage as the percentage increase
in the federal consumer price index, AND WHICH HAS NET AVAILABLE
RESOURCES NOT IN EXCESS OF THE AMOUNT SPECIFIED IN SUBPARAGRAPH FOUR OF
PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION; for purposes of this
A. 2280 3
subparagraph, the net available income AND RESOURCES of a family shall
be determined using the methodology of the family assistance program as
it exists on the first day of November, nineteen hundred ninety-seven,
except that no part of the methodology of the family assistance program
will be used which is more restrictive than the methodology of the aid
to dependent children program as it existed on the sixteenth day of
July, nineteen hundred ninety-six; for purposes of this subparagraph,
the term dependent child means a person under twenty-one years of age
who is deprived of parental support or care by reason of the death,
continued absence, or physical or mental incapacity of a parent, or by
reason of the unemployment of the parent, as defined by the department
of health; or
S 3. Subparagraph 5-a of paragraph (a) of subdivision 1 of section 366
of the social services law is REPEALED.
S 4. Subparagraph 10 of paragraph (a) of subdivision 1 of section 366
of the social services law, as amended by section 59-a of part C of
chapter 58 of the laws of 2009, is amended to read as follows:
(10) is a child who is under twenty-one years of age, who is not
living with a caretaker relative, who has net available income not in
excess of the income standards of the family assistance program as it
existed on the first day of November, nineteen hundred ninety-seven, AND
WHO HAS NET AVAILABLE RESOURCES NOT IN EXCESS OF ONE THOUSAND DOLLARS;
for purposes of this subparagraph, the child's net available income AND
RESOURCES shall be determined using the methodology of the family
assistance program as it existed on the first day of November, nineteen
hundred ninety-seven, except that: (I) THERE SHALL BE DISREGARDED AN
ADDITIONAL AMOUNT OF RESOURCES EQUAL TO THE DIFFERENCE BETWEEN THE
APPLICABLE RESOURCE STANDARD OF THE FAMILY ASSISTANCE PROGRAM AS IT
EXISTS ON THE FIRST DAY OF NOVEMBER, NINETEEN HUNDRED NINETY-SEVEN AND
ONE THOUSAND DOLLARS AND (II) no part of the methodology of the family
assistance program will be used which is more restrictive than the meth-
odology of the aid to dependent children program as it existed on the
sixteenth day of July, nineteen hundred ninety-six; or
S 5. Subdivision 1 of section 369-ee of the social services law is
amended by adding a new paragraph (i) to read as follows:
(I) "RESOURCES" FOR PURPOSES OF THIS TITLE SHALL HAVE THE SAME MEANING
AS DETERMINED IN ACCORDANCE WITH PARAGRAPH (A) OF SUBDIVISION TWO OF
SECTION THREE HUNDRED SIXTY-SIX OF THIS ARTICLE.
S 6. Subdivision 2 of section 369-ee of the social services law is
amended by adding a new paragraph (c) to read as follows:
(C) FOR THE PURPOSES OF THIS TITLE, THE DETERMINATION OF RESOURCES
SHALL BE IN ACCORDANCE WITH PARAGRAPHS (B) AND (C) OF SUBDIVISION TWO OF
SECTION THREE HUNDRED SIXTY-SIX-A OF THIS ARTICLE.
S 7. The opening paragraph of paragraph (b) of subdivision 2 of
section 369-ee of the social services law, as amended by section 59-c of
part C of chapter 58 of the laws of 2009, is amended to read as follows:
Subject to the provisions of paragraph (d) of this subdivision, in
order to establish INCOME eligibility under this subdivision, [which
shall be determined without 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:
S 8. Subdivision 1 and paragraph (a) of subdivision 2 of section
366-a of the social services law, as amended by section 60 of part C of
chapter 58 of the laws of 2009, is amended to read as follows:
A. 2280 4
1. Any person requesting medical assistance may make application
therefor in person, through another in his OR HER behalf or by mail to
the social services official of the county, city or town, or to the
service officer of the city or town in which the applicant resides or is
found. In addition, in the case of a person who is sixty-five years of
age or older and is a patient in a state hospital for tuberculosis or
for the mentally disabled, applications may be made to the department or
to a social services official designated as the agent of the department.
Notwithstanding any provision of law to the contrary, IN ACCORDANCE WITH
DEPARTMENT REGULATIONS, WHEN AND APPLICATION IS MADE BY MAIL, a personal
interview SHALL BE CONDUCTED with the applicant or with the person who
made application on his or her behalf [shall not be required as part of
a determination of initial or continuing eligibility pursuant to this
title] WHEN THE APPLICANT CANNOT BE INTERVIEWED DUE TO HIS OR HER PHYS-
ICAL OR MENTAL CONDITION.
(a) Upon receipt of such application, the appropriate social services
official, or the department of health or its agent when the applicant is
a patient in a state hospital for the mentally disabled, shall verify
the eligibility of such applicant. In accordance with the regulations of
the department of health, it shall be the responsibility of the appli-
cant to provide information and documentation necessary for the determi-
nation of initial and ongoing eligibility for medical assistance. If an
applicant or recipient is unable to provide necessary documentation, the
public welfare official shall promptly cause an investigation to be
made. Where an investigation is necessary, sources of information other
than public records will be consulted only with permission of the appli-
cant or recipient. In the event that such permission is not granted by
the applicant or recipient, or necessary documentation cannot be
obtained, the social services official or the department of health or
its agent may suspend or deny medical assistance until such time as it
may be satisfied as to the applicant's or recipient's eligibility there-
for. TO THE EXTENT PRACTICABLE, ANY INTERVIEW CONDUCTED AS A RESULT OF
AN APPLICATION FOR MEDICAL ASSISTANCE SHALL BE CONDUCTED IN THE HOME OF
THE PERSON INTERVIEWED OR IN THE INSTITUTION IN WHICH SUCH PERSON IS
RECEIVING MEDICAL ASSISTANCE.
S 9. Paragraph (a) of subdivision 5 of section 369-ee of the social
services law, as amended by section 61 of part C of chapter 58 of the
laws of 2009, is amended to read as follows:
(a) [A personal interview with the applicant or with the person who
made application on his or her behalf shall not be required as part of a
determination of initial or continuing eligibility pursuant to this
title.] PERSONAL INTERVIEWS, PURSUANT TO SECTION THREE HUNDRED
SIXTY-SIX-A OF THIS CHAPTER, MAY BE REQUIRED UPON INITIAL APPLICATION
ONLY AND MAY BE CONDUCTED IN COMMUNITY SETTINGS. Recertification of
eligibility shall take place on no more than an annual basis AND SHALL
NOT REQUIRE A PERSONAL INTERVIEW. Nothing herein shall abridge the
participant's obligation to report changes in residency, financial
circumstances or household composition.
S 10. Section 23-a of part B of chapter 436 of the laws of 1997,
constituting the welfare reform act of 1997, as amended by section 62 of
part C of chapter 58 of the laws of 2009, is amended to read as follows:
S 23-a. Notwithstanding any contrary provision thereof, section 266 of
chapter 83 of the laws of 1995 shall apply to applicants for or recipi-
ents of public assistance and care, INCLUDING MEDICAL ASSISTANCE;
provided, however, that [such section shall not apply to] WITH RESPECT
TO MEDICAL ASSISTANCE, SUCH SECTION SHALL APPLY ONLY TO PERSONS WHO ARE
A. 2280 5
SUBJECT TO THE PHOTOGRAPH IDENTIFICATION REQUIREMENTS ESTABLISHED BY THE
COMMISSIONER OF HEALTH FOR the medical assistance program.
S 11. This act shall take effect immediately.