NY State Senate Bill 2021-S6926

Senate Bill S6926

2021-2022 Legislative Session

Relates to educating nursing home residents about the role of legal counsel in applying for Medicaid benefits

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Archive: Last Bill Status - In Senate Committee Health 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
May 20, 2021	referred to health

co-Sponsors

2021-S6926 (ACTIVE) - Details

See Assembly Version of this Bill:: A4576
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2803-z, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: A534

2021-S6926 (ACTIVE) - Summary

Relates to educating nursing home residents about the role of legal counsel in applying for Medicaid benefits; requires operators of residential health care facilities to display and provide residents with a notice upon admission regarding such resident's right to hire an attorney to assist with a Medicaid application.

2021-S6926 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6926

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public health law, in relation to educating nursing
home residents about the role of legal counsel in applying for Medicaid
benefits

 
PURPOSE:

This legislation would ensure that adequate notice is provided to resi-
dents of nursing homes and their designated representatives, that they
have the option of hiring legal representation to assist with applying
for Medicaid benefits. There has been a proliferation of non-legal agen-
cies and persons, many of which may have Interests other than that of
the resident as the motivating factor, offering to file Medicaid appli-
cations for residents. Nonlegal providers often are unaware, or do not
properly advise residents, of the existence of Medicaid eligibility,
avoid liens being placed on residents' assist, and avoid claims being
made by Medicaid against applicants' spouses and the estates of appli-
cants and their spouses. Some of these entities have a conflict of
interest between their obligations to the nursing home and the resident.

Moreover, the federal and state rules regarding Medicaid eligibility
change regular, and without benefiting from the legal expertise of a
professional focused in this area of law, it could result in inappropri-
ate denials, delays accessing care, or other financial consequences for
the applicant. Providing a notice to residents and their representative
would ensure that they understand that legal assistance may be benefi-
cial when preparing a Medicaid application.

 
SUMMARY OF PROVISIONS:

Section 1 establishes the notice requirement

Section 2 sets the effective date

 
JUSTIFICATION:

Current law does not provide adequate notice to nursing home residents
and their representatives that they have the opportunity to seek legal
representation when applying for Medicaid nursing home benefits. More-
over, Medicaid applications filed without proper legal advice and/or by
a provider who has a conflict of interest often lead to devastating
financial consequences for nursing home residents and, in many cases,
their spouses and other dependents.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect 90 days after becoming law.

2021-S6926 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6926
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to educating  nursing
   home  residents  about the role of legal counsel in applying for Medi-
   caid benefits

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2803-z to read as follows:
   § 2803-Z. NOTICES REGARDING LEGAL REPRESENTATION. 1. THE OPERATOR OF A
 RESIDENTIAL HEALTH CARE FACILITY SHALL PROVIDE  EACH  RESIDENT  AND  THE
 RESIDENT'S  DESIGNATED  REPRESENTATIVE,  AT THE TIME OF ADMISSION TO THE
 FACILITY, A NOTICE, SEPARATE FROM THE  ADMISSION  AGREEMENT  BUT  TO  BE
 ACKNOWLEDGED  BY  THE  RESIDENT  AND THE RESIDENT'S DESIGNATED REPRESEN-
 TATIVE AT THE SAME TIME AS AN ADMISSION AGREEMENT,  WHICH  IS  TYPED  OR
 PRINTED  USING  LETTERS  WHICH ARE LEGIBLE OR OF CLEAR TYPE NO LESS THAN
 TWELVE POINT IN SIZE, WHICH PROVIDES AS FOLLOWS:
 "YOU HAVE THE OPTION TO HIRE AN ATTORNEY TO  ASSIST  WITH  APPLYING  FOR
 MEDICAID:  NEW  YORK  STATE  DOES  NOT MANDATE THAT A MEDICAID APPLICANT
 OBTAIN THE ASSISTANCE OF AN ATTORNEY WHEN COMPLETING THE MEDICAID APPLI-
 CATION. THERE ARE NON-LEGAL AGENCIES AND COMPANIES, INCLUDING  ARMS  AND
 AFFILIATES  OF  HOSPITALS  AND NURSING HOMES, WHICH MAY OFFER TO PREPARE
 AND SUBMIT THE MEDICAID APPLICATION FOR FREE OR FOR A REDUCED FEE. THESE
 ENTITIES ARE NOT PERMITTED TO GIVE LEGAL ADVICE OR IMPLEMENT LEGAL STRA-
 TEGIES THAT MAY BEST PROTECT YOUR INTERESTS, AND THEY ARE NOT  OBLIGATED
 TO  ADVISE  YOU  OF  YOUR  RIGHTS.  MOREOVER,  THESE  ENTITIES  MAY HAVE
 CONFLICTS OF INTEREST. RELYING ON A NON-LEGAL SERVICE MIGHT  EXPOSE  YOU
 AND  YOUR  FAMILY  TO UNNECESSARY FINANCIAL RISK. YOU MAY, HOWEVER, SEEK
 THE ASSISTANCE OF AN ATTORNEY WHO IS KNOWLEDGEABLE ABOUT ELDER  LAW  AND
 MEDICAID  ELIGIBILITY  RULES.  IF YOU WISH TO IDENTIFY SUCH AN ATTORNEY,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05366-01-1

 S. 6926                             2
 
 YOU MAY CONTACT THE STATE OR LOCAL  BAR  ASSOCIATION  ATTORNEY  REFERRAL
 SERVICE."
   2. THE OPERATOR OF A RESIDENTIAL HEALTH CARE FACILITY SHALL PROMINENT-
 LY  DISPLAY  THE  NOTICE DESCRIBED IN SUBDIVISION ONE OF THIS SECTION AT
 THE FACILITY AND SHALL MAKE A COPY OF SUCH NOTICE AVAILABLE AT THE  SAME
 TIME  AND  IN  THE  SAME  MANNER  THAT A RESIDENCY AGREEMENT IS PROVIDED
 PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE-Y OF THIS ARTICLE.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S6926

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Sponsored By

Rachel May