NY State Senate Bill 2023-S6414

Senate Bill S6414

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

Current Bill Status - In Senate Committee Rules 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	committed to rules
Feb 12, 2024	advanced to third reading
Feb 07, 2024	2nd report cal.
Feb 06, 2024	1st report cal.386
Jan 03, 2024	referred to health
Apr 18, 2023	referred to health

Votes

- Feb 6, 2024 - Health Committee Vote
  S6414
  
  12
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 6, 2024
      
      aye (12)
      
      Ashby
      
      Brouk
      
      Felder
      
      Hoylman-Sigal
      
      Mannion
      
      May
      
      Myrie
      
      Rhoads
      
      Rivera
      
      Salazar
      
      Thomas
      
      Webb
      
      nay (1)
      
      Gallivan
      
      aye wr (2)
      
      Martins
      
      Stec

co-Sponsors

2023-S6414 (ACTIVE) - Details

See Assembly Version of this Bill:: A9278
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Rpld §366 sub 5 ¶(e) sub¶ 1 cl (xi), amd §366, Soc Serv L

2023-S6414 (ACTIVE) - Summary

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

2023-S6414 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6414

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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 there-
to

 
PURPOSE:

To eliminate a look-back period for home care for home health care Medi-
caid applicants.

 
SUMMARY OF PROVISIONS:

Section 1: repeals the definition of a non-institutionalized individual

Section 2: Removes the consideration of asset transfers for non-institu-
tionalized individuals for eligibility for community based long term
care service.

Section 3: Removes the 30 month period for non-institutionalized indi-
viduals in the definition of a look-back period.

Section 4: Sets the effective date

 
JUSTIFICATION:

The SFY 2020-21 enacted budget added a 30 month "look back" period for
home health care Medicaid applicants. A look back period is a duration
of time during which the government reviews an individual's financial
transactions to determine whether they have transferred assets for less
than fair market value in order to qualify for Medicaid coverage for
long-term care. Look back periods had never applied to home health care
previous to the SFY 2020-21 enacted budget provision, and the change
makes it more difficult for seniors to be eligible for Medicaid and
homecare.

Prior to the look back period requirement, health care Medicaid approval
was much faster, which is vital for senior citizens and those with disa-
bilities since home care agencies cannot provide free care while appli-
cants wait extended periods of time for Medicaid approval. Around the
clock home care can cost as much as a nursing home, which will push more
people into nursing homes where at least care will start immediately.

This bill will repeal the look back period for home health care Medicaid
applicants so that older adults and people with disabilities will not
find themselves unnecessarily locked out of services that would protect
them in their homes and keep them safe from unnecessary institutionali-
zation.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6414 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6414
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10787-01-3
 S. 6414                             2

 
   (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-
 ty-month  period  immediately  preceding the date that such non-institu-
 tionalized individual applies for medical assistance  coverage  of  long
 term care services. Nothing herein precludes a review of eligibility for
 retroactive authorization for medical expenses incurred during the three
 months prior to the month of application for medical assistance].
   § 4. This act shall take effect immediately.

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Senate Bill S6414

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Sponsored By

James Skoufis