S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5317
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M.  of A. SIMON -- Multi-Sponsored by -- M. of A. AUBRY,
   CONRAD, CUNNINGHAM, DARLING, DINOWITZ, KELLES, REYES -- read once  and
   referred to the Committee on Health
 
 AN  ACT  to  amend  the social services law, in relation to allowing for
   certain disability benefits to continue in the event an individual who
   is receiving such benefits gets married
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Clause (iv) of subparagraph 5 of paragraph (a) of subdivi-
 sion 1 of section 366 of the social services law, as added by section  1
 of  part  D  of  chapter  56  of the laws of 2013, is amended to read as
 follows:
   (iv) Married couples. In the case of a married couple living together,
 each spouse will be included in  the  household  of  the  other  spouse,
 regardless  of  whether  they  expect  to  file a joint tax return under
 section six thousand thirteen of the internal revenue  code  or  whether
 one spouse expects to be claimed as a tax dependent by the other spouse.
 PROVIDED,  HOWEVER, THAT FOR PURPOSES OF ELIGIBILITY DETERMINATION UNDER
 SUBPARAGRAPHS FIVE AND SIX OF  PARAGRAPH  (C)  OF  THIS  SUBDIVISION,  A
 SPOUSE SHALL NOT BE INCLUDED IN THE HOUSEHOLD OF THE OTHER SPOUSE IF ONE
 SPOUSE  IS RECEIVING BENEFITS AS AN UNMARRIED INDIVIDUAL AND AS A RESULT
 OF GETTING MARRIED WOULD NO LONGER BE ELIGIBLE TO RECEIVE SUCH BENEFITS.
   § 2. Subdivision 12 of section 367-a of the social  services  law,  as
 amended  by  section  42 of part B of chapter 57 of the laws of 2015, is
 amended to read as follows:
   12. (A) Prior to receiving medical assistance under subparagraphs five
 and six of paragraph (c) of subdivision one  of  section  three  hundred
 sixty-six of this title, a person whose net available income is at least
 one  hundred  fifty  percent  of  the applicable federal income official
 poverty line, as defined and updated by the United States department  of
 health  and  human  services,  must pay a monthly premium, in accordance
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08823-01-3
              

 A. 5317                             2
 
 with a procedure to be established by the commissioner.  The  amount  of
 such  premium  shall  be  twenty-five  dollars  for an individual who is
 otherwise eligible for medical assistance under such subparagraphs,  and
 fifty  dollars  for  a  couple,  both of whom are otherwise eligible for
 medical  assistance  under  such  subparagraphs.  No  premium  shall  be
 required  from  a  person  whose  net  available income is less than one
 hundred fifty percent of the applicable federal income official  poverty
 line,  as  defined and updated by the United States department of health
 and human services.
   (B) ANY UNMARRIED INDIVIDUAL WHO IS RECEIVING MEDICAL ASSISTANCE UNDER
 SUBPARAGRAPHS FIVE AND SIX  OF  PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF
 SECTION  THREE  HUNDRED  SIXTY-SIX  OF  THIS TITLE AT THE TIME HE OR SHE
 BECOMES A MARRIED INDIVIDUAL SHALL CONTINUE TO PAY THE  MONTHLY  PREMIUM
 INDIVIDUAL RATE, IF HE OR SHE MARRIES AN INDIVIDUAL WHO IS OTHERWISE NOT
 ELIGIBLE  FOR  MEDICAL  ASSISTANCE  UNDER SUCH SUBPARAGRAPHS, SO LONG AS
 SUCH INDIVIDUAL CONTINUES TO SATISFY THE NECESSARY CRITERIA DESCRIBED IN
 SUCH SUBPARAGRAPHS AS IF HE OR SHE WERE AN UNMARRIED INDIVIDUAL.
   § 3. The social services law is amended by adding a new section  366-j
 to read as follows:
   § 366-J. RETENTION OF DISABILITY BENEFITS FOR CERTAIN MARRIED INDIVID-
 UALS.  NOTWITHSTANDING  ANY LAW, RULE OR REGULATION TO THE CONTRARY, ANY
 UNMARRIED INDIVIDUAL WHO IS ENTITLED TO AND CURRENTLY RECEIVING  MEDICAL
 ASSISTANCE  BENEFITS  UNDER  THIS TITLE BASED ON A DISABILITY, WHO WOULD
 BECOME INELIGIBLE TO CONTINUE RECEIVING SUCH MEDICAL ASSISTANCE BENEFITS
 IF HE OR SHE WERE MARRIED, SHALL REMAIN ELIGIBLE FOR SUCH BENEFITS IF HE
 OR SHE CHOOSES TO MARRY SO LONG AS SUCH INDIVIDUAL CONTINUES TO  SATISFY
 THE  CRITERIA  TO  BE ELIGIBLE FOR SUCH BENEFITS AS IF HE OR SHE WERE AN
 UNMARRIED INDIVIDUAL.
   § 4. This act shall take effect immediately.