S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    534
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M. of A. BRONSON, CLARK, LUNSFORD, FAHY -- read once and
   referred 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-bb to read as follows:
   § 2803-BB. 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.
                                                            LBD00502-01-3
 A. 534                              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.