Assembly Bill A9278

2023-2024 Legislative Session

Eliminates a look-back period for home care for non-institutionalized Medicaid applicants; and repeals a certain provision of the social services law relating thereto

download bill text pdf

Sponsored By

Current 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2023-A9278 (ACTIVE) - Details

See Senate Version of this Bill:
S6414
Current Committee:
Assembly Health
Law Section:
Social Services Law
Laws Affected:
Rpld §366 sub 5 ¶(e) sub¶ 1 cl (xi), amd §366, Soc Serv L

2023-A9278 (ACTIVE) - Summary

Eliminates the "look-back period" for home care for non-institutionalized Medicaid applicants; repeals a certain provision of law relating thereto.

2023-A9278 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9278
 
                           I N  A S S E M B L Y
 
                             February 23, 2024
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN  ACT  to  amend the social services law, in relation to eliminating a
   "look-back period" for home care  for  non-institutionalized  Medicaid
   applicants;  and  repealing  certain  provisions  of such law relating
   thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Clause (xi) of subparagraph 1 of paragraph (e) of subdivi-
 sion 5 of section 366 of the social services law is REPEALED.
   § 2. The opening paragraph of  subparagraph  3  of  paragraph  (e)  of
 subdivision  5  of section 366 of the social services law, as amended by
 section 14 of part MM of chapter 56 of the laws of 2020, is  amended  to
 read as follows:
   In determining the medical assistance eligibility of an institutional-
 ized individual, any transfer of an asset by the individual or the indi-
 vidual's spouse for less than fair market value made within or after the
 look-back  period  shall  render  the  individual ineligible for nursing
 facility services for the period of time specified in subparagraph  five
 of this paragraph. [In determining the medical assistance eligibility of
 a  non-institutionalized  individual,  any  transfer  of an asset by the
 individual or the individual's spouse for less than  fair  market  value
 made  within  or  after the look-back period shall render the individual
 ineligible for community based long term care services for the period of
 time specified in subparagraph five of this paragraph.] For purposes  of
 this paragraph:
   §  3.  Clause (vi) of subparagraph 1 of paragraph (e) of subdivision 5
 of section 366 of the social services law, as amended by section  13  of
 part  MM  of  chapter  56  of  the  laws  of 2020, is amended to read as
 follows:
   (vi) "look-back  period"  means  the  sixty-month  period  immediately
 preceding the date that an institutionalized individual is both institu-
 tionalized  and has applied for medical assistance[, or in the case of a
 non-institutionalized individual, subject to federal approval, the thir-

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.