NY State Senate Bill 2023-S9940

Senate Bill S9940

2023-2024 Legislative Session

Relates to the establishment of a healthy birth grant demonstration program; excludes healthy birth grants from income for certain purposes

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 25, 2024	referred to rules

2023-S9940 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Add §367-z, amd §§366, 131-a, 95, 97, 209 & 410-w, Soc Serv L; amd §612, Tax L; amd §§467, 467-b, 467-c, 459-c & 425, RPT L; amd §§11-245.3 & 11-245.4, NYC Ad Cd; amd §§236 & 240, Dom Rel L; amd §413, Fam Ct Act

2023-S9940 (ACTIVE) - Summary

Relates to the establishment of a healthy birth grant demonstration program; excludes healthy birth grants from income for certain purposes.

2023-S9940 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9940

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the social services law, in relation to establishing a
healthy birth grant demonstration program; and to amend the social
services law, the tax law, the real property tax law, the administrative
code of the city of New York, the domestic relations law and the family
court act, in relation to the exclusion of healthy birth grants from
income for certain purposes


 
PURPOSE OR GENERAL IDEA OF BILL:

To provide a healthy birth grant of $1,800 for all Medicaid-eligible
births in New York.

 
SUMMARY OF PROVISIONS:

Section one of this bill adds a new section 367-z to the Social Services
Law to establish a healthy birth grant of $1,800 per household for all

new parents currently receiving Medicaid, to be disbursed by the Depart-
ment of Health (DOH) in the third trimester of pregnancy.  DOH is
directed to seek funding for the birth grant from the Department of
Health and Human Services (HHS) by pursuing a waiver under Section 1115
of the Social Security Act, which allows states to use federal Medicaid
dollars to address health-related social needs beyond the direct
provision of medical care.

The birth grant would be available to all new parents on Medicaid,
whether they are biological parents, adoptive parents under § 109 of
Domestic Relations Law, intended parents partnering with a surrogate
under Article 5-C of the Family Court Act, or parents granted custody of
a newborn under Article 5-A of the Domestic Relations Law, so long as
they are the legal guardian of the newborn. Medicaid is available for
all adults making up to 138% of the federal poverty level (FPL), which
is currently $20,783 for a household of one, $28,208 for a household of
two, $35,632 for a household of three, and $43,056 for a household of
four, or up to 223% FPL for pregnant individuals, which is currently
$33,584 for a household of one, $45,582 for a household of two, $57,579
for a household of three, and $69,576 for a household of four.

In the event that the new parent is not yet receiving Medicaid in the
third trimester of the pregnancy, such as for example when a pregnant
individual is deemed presumptively eligible for Medicaid by a prenatal
care provider under Social Services Law § 364-i(6) but then does not
actually apply for Medicaid until later, the pregnant individual may
receive the birth grant at the time that they are deemed eligible for
Medicaid. New York State currently allows new parents to apply for post-
partum Medicaid coverage up to a full year after pregnancy under the
2023 federal American Rescue Plan (Biden-Harris Administration Announces
New York's Medicaid and CHIP Postpartum Coverage Expansion; 35 States &
D.C. Now Offer Full Year of Coverage After Pregnancy I CMS. (2023, June
13) Www.cms.gov).

Subdivision two of Section 367-z provides that while DOH as the primary
administrator of New York's Medicaid program would be responsible for
disbursing the birth grant checks in most cases, they could also partner
with local departments of social services (LDSSes) where appropriate, if
for example the district was already coordinating a range of other bene-
fits for the birth grant recipient.  In no circumstance would the $1,800
birth grant be counted as income, resources, or assets for the purposes
of determining eligibility for state-level programs. In the absence of
this provision, the birth grant would simply be replacing, rather than
supplementing, the existing social safety net and would thus be less
effective at reducing child poverty.

DOH shall also seek waivers with federal agencies to exempt birth grants
from the definition of income for federal benefits, such as SNAP, TANF,
Social Security, or Section 8 housing vouchers, in order that the grant
shall supplement and not replace the federal social safety net. DOH is
directed to seek waivers with individual agencies because the federal
rules for benefits eligibility vary widely across programs, depending on
the source of the funding and the means and frequency with which it is
paid out. Title 7 of the Code of Federal Regulations, § 273.9(b)(2)(v),
for example, counts "(p)ayments from Government-sponsored programs,
dividends, interest, royalties, and all other direct money payments from
any source which can be construed to be a gain or benefit" as unearned
income that would count against SNAP eligibility - but states using
broad-based categorical eligibility standards for SNAP, such as New
York, also have significant flexibility to increase or eliminate asset
limits.  Federal law on Temporary Assistance for Needy Families (TANF)
meanwhile, mandates only that TANF funds be dispensed to "needy" fami-
lies, granting states broad flexibility in how they want to define need
- so it would be comparatively easy to exempt birth grants from the
definition of income for TANF (Center on Budget and Policy Priorities.
(2022, March 1). Policy Basics: An Introduction to TANF).

Ultimately, this provision of the bill seeks to emulate certain aspects
of Alaska's Permanent Fund Dividend (PFD), a guaranteed income program
funded through the state's oil extraction revenue, which has successful-
ly mitigated the impact of the PFD on other means-tested benefits by
entering into agreements with a range of federal agencies.

Subdivision three of section 367-z provides that birth grants shall not
be counted as income for state or local tax purposes.

Section two of this bill amends Section 612 of the Tax Law to ensure
that birth grants are subtracted from federal adjusted gross income when
determining state personal income tax (PIT) liability.

Section three of this bill amends Section 366 of the Social Services Law
to ensure that birth grants do not count as income or resources for the
purposes of determining Medicaid eligibility, as that would defeat the
purpose of the bill.

Section four of this bill amends Section 131-a of the Social Services
Law to provide that birth grants shall be disregarded for TANF.

Section five of this bill amends Section 95 of the Social Services Law
to provide that birth grants shall be disregarded for SNAP.

Section six of this bill amends Section 97 of the Social Services Law to
provide that birth grants shall be disregarded for HEAP.


Section seven of this bill amends Section 209 of the Social Services Law
to provide that birth grants shall be disregarded for the State Supple-
mental Program (SSP), which provides state-funded financial assistance
to certain individuals who receive federal Supplemental Security Income
(SSI) payments.

Sections eight and nine of this bill amend Section 467 of the Real Prop-
erty Tax Law to provide that birth grants shall be disregarded for
Senior Citizens Homeowners Exemption (SCHE).

Section ten of this bill amends Section 467-b of the Real Property Tax
Law to provide that birth grants shall be disregarded for the Senior
Citizens Rent Increase Exemption (SCRIE) and the Disability Rent
Increase Exemption (DRIE).

Section eleven of this bill amends Section 467-c of the Real Property
Tax Law to provide that birth grants shall be disregarded for the Senior
Citizens Rent Increase Exemption (SCRIE) and the Disability Rent
Increase Exemption (DRIE) for residents of Battery Park City.

Section twelve of this bill amends Section 459-c of the Real Property
Tax Law to provide that birth grants shall be disregarded for the Disa-
bled Homeowners Exemption (DHE).

Section thirteen of this bill amends Section 425 of Real Property Tax
Law to provide that birth grants shall be disregarded for the basic and
enhanced school tax relief (STAR) exemption.

Section fourteen of this bill amends Section 11-245.3 of the New York
City Administrative Code to provide that birth grants shall be disre-
garded for New York City's SCHE.

Section fifteen of this bill amends Section 11-245.4 of the New York
City Administrative Code to provide that birth grants shall be disre-
garded for New York City's DHE.

Sections sixteen of this bill amends Section 236 of the Domestic
Relations Law to provide that birth grants shall be disregarded for the
purposes of calculating alimony.

Section seventeen of this bill amends Section 240 of the Domestic
Relations Law to provide that birth grants shall be disregarded for the
purposes of calculating child support.

Section eighteen amends of this bill Section 413 of the Family Court Act
to provide that birth grants shall be disregarded for the purposes of
calculating child support.

Section nineteen of this bill amends Section 410-w of the Social
Services Law to provide that birth grants shall be disregarded for the
Child Care Assistance Program.

Section twenty of this bill provides that this act shall take effect 180
days after the granting of a Section 1115 waiver from HHS.

 
JUSTIFICATION:


Created in 1965, Medicaid is the federal government's public insurance
program for low-income families and individuals, including pregnant
individuals who make below a certain percentage of the federal poverty
level (FPL). Each state operates its own Medicaid program according to
federal guidelines, and the federal government matches a certain
percentage of state funding according to a set formula.  While Medicaid
is typically tapped to pay for direct medical services, such as hospital
and physician care, home health services, nursing facilities, and dental
and vision care, the 2010 Affordable Care Act authorized the Secretary
of Health and Human Services (HHS) to waive certain rules of the program
to allow states to use Medicaid dollars for any "experimental, pilot or
demonstration project which, in the judgment of the Secretary, is likely
to assist in promoting the objectives" of the Medicaid program (42 USC §
1315(a)).

As of September 10th, 2024, 64 Section 1115 waivers had been approved
across 47 states, with another 36 pending across 33 states (Jun23, P., &
2023. (2023, June 23). Medicaid Waiver Tracker: Approved and Pending
Section 1115 Waivers by State. KFF.) Twenty-one of these waivers were
for demonstration projects to improve the "social determinants of
health" (SDOH) which are defined by the Centers for Medicare & Medicaid
Services (CMS) as "an individual's unmet, adverse social conditions that
contribute to poor health," including food insecurity, housing instabil-
ity, unemployment, and/or lack of reliable transportation. In 2021, CMS
released a letter encouraging states to pursue Section 1115 waivers to
address SDOH, concluding that they accounted for as much as 50% of
health outcomes, and HHS has since approved Section 1115 pilots for a
range of supports including rental payments, housing navigators, moving
costs , nutrition counseling, fruit and vegetable boxes, employment
supports, and financial coaching (Jan 7 2021. SHO  21-001 RE: Opportu-
nities in Medicaid and CHIP to Address Social Determinants of Health
(SDOH). Department of Health & Human Services, Centers for Medicare &
Medicaid Service). In January 2024, New York State secured approval for
its own Section 1115 demonstration program to unlock $7.5 billion in
federal funding for behavioral health services, nutritional and housing
supports, coordinated care for substance use disorders, career pathway
training programs and loan repayments for healthcare workers, and incen-
tive payments for financially distressed safety net hospitals (Governor
Hochul Announces Groundbreaking Medicaid 1115 Waiver Amendment to
Enhance New York State's Health Care System Governor Kathy Hochul.
(2024, January 9).  
WWW.GOVERNOR.NY.GOV.).

This bill seeks to further the innovative use of federal Medicaid
dollars in Section 1115 programs by asking New York State to pursue a
pilot program for another clear SDOH: childhood poverty. In creating
healthy birth grants for all Medicaid-eligible parents, New York would
be following the example set by other countries which provide birth
grants, or benefits to families of newborns to assist with parental
expenses at the time of birth or prenatally. According to Columbia
University's Center on Poverty and Social Policy, most industrialized
democracies already provide birth grants to help ward off spells of
poverty that the birth of a newborn often induces for families at or
below the poverty line (Hamilton, C., Harris, D., Wimer, C., Kimberlin,
S., Collyer, S., & Garfinkel, I. (2023).  The Case for a Federal Birth
Grant: A Plan to Reduce Poverty for Newborns and their Families. POVERTY
and SOCIAL POLICY BRIEF, 7(1)).


Pilot programs from these nations as well as states and localities
across the US prove that direct cash infusions at a time when household
income is most vulnerable, such as when a newborn is added to the fami-
ly, have a direct, correlatable impact on the health of both the parent
and child. A $1,000 monthly guaranteed income (GI) pilot for Black moth-
ers in public housing in Jackson, Mississippi, for example, was shown to
increase participants' ability to see a doctor by 30 percent. Health
insurance rates for participants also increased 25%. The province of
Manitoba in Canada, meanwhile, saw hospitalization rates fall by 19.23
per 1,000 participants over the five years of its GI program, while
Alaska's Permanent Fund Dividends (PFDs) were shown to increase birth
weight by 17.7 grams and decrease the likelihood of low birth weights by
14% (Downey, N. (2022).  Guaranteed Income: States Lead the Way in Reim-
agining the Social Safety Net. Shriver Center on Poverty Law, 14). The
Jackson, Mississippi GI pilot also led to a 17% increase in partic-
ipants' ability to buy groceries, and a 43% increase in the proportion
of new parents preparing three meals a day for their family, while Alas-
ka PFD researchers estimate that an additional $1,000 in PFD payments
would result in a 22.4% reduction of obesity in three-year-olds.  Nor
are the benefits of cash transfers limited to physical health:  Missis-
sippi reported an increase in participants engaging in self-care activ-
ities and feeling hopeful about the future, for example, while Stockton,
California's Economic Empowerment Demonstration (SE ED) GI led to
reduced stress and anger, increased sleep, and less anxiety and
depression amongst recipients.

This substantial and growing evidence of a link between childhood pover-
ty and public health makes an obvious case for the use of federal Medi-
caid dollars to improve SDOH through a Section 1115 waiver.  This bill,
which would create a one-time "healthy birth grant" of $1,800 for all
new parents receiving Medicaid, would bring our state substantially
closer to meeting its statutory obligation to red uce child poverty 50%
by 2031 under Section 131-zz of Social Services Law. While the grants
could easily be disbursed by the Department of Health, which assumed
primary control for the administration of the Medicaid program under a
2012 budget agreement, DOH would also be empowered under this bill to
partner with local social services districts (LDSSes) to have them
disburse the checks where appropriate (while the majority of Medicaid
enrollees apply directly through the New York State of Health market-
place, where their income eligibility is then determined by DOH in real
time, certain individuals may also be enrolled through an LDSS). DOH
could also tap its existing network of "community-based assistors,"
specialized navigators trained and registered by DOH who were responsi-
ble for approximately 74% of all New York State of Health applications
in 2018, to ensure a smooth coordination of benefits between healthy
birth grants and other state-administered programs such as TANF, SSI,
and SNAP (Medicaid Administration: Annual Report to the Governor and
Legislature (p. 7). (2018). New York State Department of Health.).

If approved, the birth grants would be funded evenly between HHS and New
York State, as all Medicaid expenditures are subject to a 50 % Federal
Medical Assistance Percentage (FMAP) match under a formula enshrined in
Sections 1905(b) and 1101(a)(8)(B) of the federal Social Security Act.
This funding formula cannot be altered because the HHS Secretary is
unable to waive this federal matching payment system. in Section 1115
programs, nor can the state pass a law amending federal statute.


In establishing a targeted cash transfer program at the point of birth,
this bill will build upon the best practices recommended by anti-poverty
experts, whose research shows that children receiving cash birth grants
in their first year fare demonstrably better late r in life, with better
school performance, higher changes of high school graduation, and
increased earnings into adulthood (Curran, M. A., Harris, D. B., &
Wimer, C. (2024). Equalizing the Child Tax Credit for Babies: How the
2023 American Family Act Treats Infants.  Scholars Strategy Network, 4.
 
HTTPS://SCHOLARS.ORG/CONTRIBUTION/
EQUALIZING-CHILD-TAX-CREDIT-BABIES-HOW-2023).ct.  It will pay dividends
for current and future generations of New Yorkers by boosting local
economies, bettering educational outcomes, diverting youth from the
criminal justice system, and avoiding preventable expenditures related
to poor health outcomes. New York can and should leverage federal
dollars to prove what so many proponents of GI already know:  that
unconditional cash transfers at the point of birth are one of the smar-
test investments a government can make in public health.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after the
granting of a waiver from the federal department of health and human
services under section 1115 of the social security act (42 USC § 1415),
or successor provisions thereof.

2023-S9940 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9940
 
                             I N  S E N A T E
 
                             October 25, 2024
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT  to amend the social services law, in relation to establishing a
   healthy birth grant demonstration program; and  to  amend  the  social
   services  law, the tax law, the real property tax law, the administra-
   tive code of the city of New York, the domestic relations law and  the
   family court act, in relation to the exclusion of healthy birth grants
   from income for certain purposes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 367-z to read as follows:
   §  367-Z.  HEALTHY BIRTH GRANT DEMONSTRATION PROGRAM. 1. HEALTHY BIRTH
 GRANT DISBURSEMENT.  (A) THE COMMISSIONER SHALL SEEK A WAIVER  FROM  THE
 FEDERAL  DEPARTMENT  OF  HEALTH  AND  HUMAN SERVICES PURSUANT TO SECTION
 ELEVEN HUNDRED FIFTEEN OF  THE  FEDERAL  SOCIAL  SECURITY  ACT,  OR  ANY
 SUCCESSOR  PROVISIONS  THEREOF,  IN ORDER TO ESTABLISH THE HEALTHY BIRTH
 GRANT PROGRAM PROVIDED FOR IN THIS SECTION. ON AND AFTER  THE  EFFECTIVE
 DATE  OF  THIS SECTION, SUCH PROGRAM SHALL DISBURSE A GRANT OF ONE THOU-
 SAND EIGHT HUNDRED DOLLARS PER CHILD TO ALL HOUSEHOLDS WITH NEW  PARENTS
 RECEIVING MEDICAL ASSISTANCE UNDER THIS TITLE DURING THE THIRD TRIMESTER
 OF  THE  PREGNANCY OF SUCH CHILD. IN THE EVENT THAT MULTIPLE INDIVIDUALS
 IN A HOUSEHOLD MEET THE DEFINITION OF "NEW PARENT" AS PROVIDED IN  PARA-
 GRAPH  (B)  OF THIS SUBDIVISION, HOWEVER, ONLY ONE GRANT OF ONE THOUSAND
 EIGHT HUNDRED DOLLARS SHALL BE DISBURSED  FOR  SUCH  HOUSEHOLD.  IN  THE
 EVENT  THAT  A  PREGNANT INDIVIDUAL IS DEEMED PRESUMPTIVELY ELIGIBLE FOR
 MEDICAL ASSISTANCE  UNDER  SUBDIVISION  SIX  OF  SECTION  THREE  HUNDRED
 SIXTY-FOUR-I  OF  THIS TITLE AND RECEIVES PERINATAL CARE AFTER THE THIRD
 TRIMESTER, SUCH PREGNANT INDIVIDUAL SHALL RECEIVE SUCH  BIRTH  GRANT  AT
 THE  TIME THAT SUCH INDIVIDUAL IS DETERMINED TO BE ACTUALLY ELIGIBLE FOR
 SUCH ASSISTANCE UNDER SECTION THREE HUNDRED SIXTY-SIX OF THIS TITLE.
   (B) FOR THE PURPOSES OF THIS SECTION, "NEW  PARENTS"  SHALL  MEAN  ALL
 LEGAL  PARENTS  OR  GUARDIANS  WHO MEET THE ELIGIBILITY REQUIREMENTS FOR
 MEDICAL ASSISTANCE UNDER SECTION THREE HUNDRED SIXTY-SIX OF THIS  TITLE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16192-01-4
 S. 9940                             2
 
 WHETHER  SUCH  INDIVIDUAL  IS  THE  BIOLOGICAL PARENT OF THE CHILD TO BE
 BORN, AN ADOPTIVE PARENT UNDER SECTION ONE HUNDRED NINE OF THE  DOMESTIC
 RELATIONS  LAW,  AN  INTENDED PARENT UNDER SECTION 581-102 OF THE FAMILY
 COURT  ACT,  OR AN INDIVIDUAL WHO HAS BEEN AWARDED PHYSICAL CUSTODY OF A
 CHILD UNDER ARTICLE FIVE-A OF THE DOMESTIC RELATIONS LAW.
   2. COORDINATION WITH OTHER BENEFITS. (A) NOTWITHSTANDING ANY PROVISION
 OF LAW TO THE CONTRARY, THE HEALTHY BIRTH GRANT PROVIDED IN THIS SECTION
 SHALL NOT BE CONSIDERED INCOME, ASSETS OR RESOURCES FOR THE PURPOSES  OF
 DETERMINING ELIGIBILITY FOR PUBLIC BENEFITS OR ASSISTANCE, OR THE AMOUNT
 OR  EXTENT  OF  SUCH  BENEFITS  OR  ASSISTANCE, UNDER ANY STATE OR LOCAL
 PROGRAM.
   (B) THE COMMISSIONER MAY ENTER INTO COOPERATIVE AGREEMENTS WITH  LOCAL
 SOCIAL  SERVICES  DISTRICTS  IN ORDER THAT SUCH DISTRICTS MAY ADMINISTER
 THE DISBURSEMENT OF THE HEALTHY BIRTH GRANTS PROVIDED IN SUBDIVISION ONE
 OF THIS SECTION WHERE DEEMED NECESSARY AND APPROPRIATE BY  SUCH  COMMIS-
 SIONER.  SUCH AGREEMENTS SHALL BE CRAFTED WITH THE GOAL OF ENSURING THAT
 RECIPIENTS  OF  A  HEALTHY BIRTH GRANT ARE MADE AWARE OF AND ENROLLED IN
 ALL PUBLIC BENEFITS AND ASSISTANCE PROVIDED UNDER THIS TITLE OR  ANOTHER
 APPLICABLE  AREA  OF STATE, FEDERAL OR LOCAL LAW, CODE, RULE, REGULATION
 OR ORDINANCE AND TO ENSURE A SMOOTH COORDINATION OF BENEFITS AND ASSIST-
 ANCE BETWEEN SUCH HEALTHY  BIRTH  GRANT  AND  SUCH  OTHER  BENEFITS  AND
 ASSISTANCE.
   (C)  IF  A  WAIVER UNDER SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL
 SOCIAL SECURITY ACT IS GRANTED FOR THE PURPOSES  OF  THE  HEALTHY  BIRTH
 GRANT  DEMONSTRATION  PROGRAM  PROVIDED FOR IN THIS SECTION, THE COMMIS-
 SIONER SHALL THEN SEEK AGREEMENTS WITH ALL APPLICABLE  FEDERAL  AGENCIES
 AND/OR  ENTITIES  TO  ENSURE  THAT  SUCH  GRANT  SHALL NOT BE CONSIDERED
 INCOME, ASSETS OR RESOURCES FOR THE PURPOSES OF DETERMINING  ELIGIBILITY
 FOR PUBLIC BENEFITS OR ASSISTANCE, OR THE AMOUNT OR EXTENT OF SUCH BENE-
 FITS OR ASSISTANCE, UNDER FEDERAL PROGRAMS.
   3.  IMPACT  ON INCOME TAX. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
 CONTRARY, NO GRANT PAID PURSUANT TO THIS SECTION  SHALL  BE  SUBJECT  TO
 STATE OR LOCAL INCOME TAX.
   § 2. Subsection (c) of section 612 of the tax law is amended by adding
 a new paragraph 48 to read as follows:
   (48)  FOR  TAXABLE  YEARS  BEGINNING ON OR AFTER THE EFFECTIVE DATE OF
 THIS PARAGRAPH, HEALTHY  BIRTH  GRANTS  DISBURSED  UNDER  SECTION  THREE
 HUNDRED SIXTY-SEVEN-Z OF THE SOCIAL SERVICES LAW.
   §  3.  Paragraph  (a)  of  subdivision  2 of section 366 of the social
 services law is amended by adding a new  subparagraph  7-a  to  read  as
 follows:
   (7-A)  HEALTHY  BIRTH  GRANTS  ESTABLISHED  BY  SECTION  THREE HUNDRED
 SIXTY-SEVEN-Z OF THIS TITLE;
   § 4. Paragraph (a) of subdivision 8 of section  131-a  of  the  social
 services  law  is  amended by adding a new subparagraph (xiv) to read as
 follows:
   (XIV) ANY FINANCIAL ASSISTANCE RECEIVED FROM A HEALTHY BIRTH GRANT  AS
 PROVIDED IN SECTION THREE HUNDRED SIXTY-SEVEN-Z OF THIS ARTICLE.
   §  5. Section 95 of the social services law is amended by adding a new
 subdivision 12 to read as follows:
   12. THE VALUE OF A HEALTHY BIRTH GRANT PROVIDED  UNDER  SECTION  THREE
 HUNDRED  SIXTY-SEVEN-Z  OF  THIS CHAPTER TO AN ELIGIBLE INDIVIDUAL SHALL
 NOT BE CONSIDERED BY THE OFFICE TO BE INCOME OR RESOURCES  FOR  PURPOSES
 OF ELIGIBILITY FOR THE SNAP BENEFITS PROVIDED FOR UNDER THIS SECTION.
   §  6. Section 97 of the social services law is amended by adding a new
 subdivision 6 to read as follows:
 S. 9940                             3
 
   6. THE AMOUNT OF ANY HEALTHY BIRTH GRANT PROVIDED UNDER SECTION  THREE
 HUNDRED SIXTY-SEVEN-Z OF THIS CHAPTER TO AN ELIGIBLE HOUSEHOLD SHALL NOT
 BE CONSIDERED INCOME OR RESOURCES OF SUCH HOUSEHOLD, OR ANY MEMBER THER-
 EOF,  FOR  PURPOSES  OF  THE  LOW-INCOME  HOME ENERGY ASSISTANCE PROGRAM
 PROVIDED  FOR  UNDER THIS SECTION. THE DEPARTMENT SHALL UPDATE ITS REGU-
 LATIONS REGARDING SUCH PROGRAM TO  EFFECTUATE  THE  PROVISIONS  OF  THIS
 SUBDIVISION.
   §  7.  Subdivision  2  of  section  209  of the social services law is
 amended by adding a new paragraph (g) to read as follows:
   (G) A HEALTHY BIRTH GRANT RECEIVED BY AN ELIGIBLE PERSON UNDER SECTION
 THREE HUNDRED SIXTY-SEVEN-Z OF THIS ARTICLE SHALL NOT COUNT TOWARDS  THE
 STANDARD  OF  MONTHLY NEED PROVIDED IN THIS SUBDIVISION WHEN DETERMINING
 ELIGIBILITY FOR AND THE AMOUNT OF ADDITIONAL STATE PAYMENTS.
   § 8. Subparagraph (iv) of paragraph (a) of subdivision  3  of  section
 467  of  the real property tax law is amended by adding a new clause 3-a
 to read as follows:
   (3-A) ANY HEALTHY BIRTH GRANTS DISBURSED UNDER SECTION  THREE  HUNDRED
 SIXTY-SEVEN-Z OF THE SOCIAL SERVICES LAW SHALL NOT BE CONSIDERED INCOME;
   § 9. Clause 1 of subparagraph (v) of paragraph (a) of subdivision 3 of
 section 467 of the real property tax law, as added by chapter 276 of the
 laws of 2023, is amended to read as follows:
   (1)  Except  as  provided in clause two of this subparagraph, the term
 "income" as used in this section shall mean the "adjusted gross  income"
 for  federal  income tax purposes as reported on the applicant's federal
 or state income tax return for the income tax year immediately preceding
 the date  of  application,  subject  to  any  subsequent  amendments  or
 revisions,  minus  any  distributions, to the extent included in federal
 adjusted gross income, received from an  individual  retirement  account
 and an individual retirement annuity; PROVIDED THAT HEALTHY BIRTH GRANTS
 DISBURSED  UNDER  SECTION  THREE  HUNDRED  SIXTY-SEVEN-Z  OF  THE SOCIAL
 SERVICES LAW SHALL NOT BE CONSIDERED INCOME; AND provided  FURTHER  that
 if  no  such  return was filed for such income tax year, the applicant's
 income shall be determined based on the amounts that would have so  been
 reported if such a return had been filed; and
   §  10. Paragraph c of subdivision 1 of section 467-b of the real prop-
 erty tax law is amended by adding a new subparagraph (iii)  to  read  as
 follows:
   (III)  PROVIDED  FURTHER  THAT  A  HEALTHY  BIRTH GRANT RECEIVED UNDER
 SECTION THREE HUNDRED SIXTY-SEVEN-Z OF THE SOCIAL SERVICES LAW SHALL NOT
 BE CONSIDERED INCOME UNDER THIS PARAGRAPH;
   § 11. Clause (vi) of subparagraph 1 of paragraph f of subdivision 1 of
 section 467-c of the real property tax law, as amended by chapter 276 of
 the laws of 2023, is amended and a new clause (vii) is added to read  as
 follows:
   (vi)  When  the eligible head of the household has retired on or after
 the commencement of the taxable period and prior to the date  of  making
 an application for a rent increase exemption order/tax abatement certif-
 icate  pursuant  to this section, such person's income shall be adjusted
 by excluding salary or earnings and projecting such person's  retirement
 income over the entire taxable period; [or] AND
   (VII)  PROVIDED  FURTHER  THAT  A  HEALTHY  BIRTH GRANT RECEIVED UNDER
 SECTION THREE HUNDRED SIXTY-SEVEN-Z OF THE SOCIAL SERVICES LAW SHALL NOT
 BE CONSIDERED INCOME UNDER THIS SUBPARAGRAPH; OR
   § 12. Paragraph (a) of subdivision 5 of  section  459-c  of  the  real
 property tax law is amended by adding a new subparagraph (vi) to read as
 follows:
 S. 9940                             4
 
   (VI)  UNDER  NO  CIRCUMSTANCES,  HOWEVER,  MAY A MUNICIPAL CORPORATION
 CONSIDER A HEALTHY BIRTH GRANT  PROVIDED  UNDER  SECTION  THREE  HUNDRED
 SIXTY-SEVEN-Z  OF  THE SOCIAL SERVICES LAW TO BE INCOME FOR THE PURPOSES
 OF THIS PARAGRAPH.
   §  13.  Subparagraph (ii) of paragraph (b) of subdivision 4 of section
 425 of the real property tax law, as amended by section 1 of part  B  of
 chapter 59 of the laws of 2018, is amended to read as follows:
   (ii)  The  term "income" as used herein shall mean the "adjusted gross
 income" for federal income tax purposes as reported on  the  applicant's
 federal  or  state income tax return for the applicable income tax year,
 subject to any subsequent amendments or revisions, reduced  by  distrib-
 utions,  to  the  extent  included  in  federal  adjusted  gross income,
 received from an individual retirement account and an individual retire-
 ment annuity; provided that if no such return was filed for the applica-
 ble income tax year, "income" shall mean the adjusted gross income  that
 would  have  been  so  reported  if  such a return had been filed. IN NO
 CIRCUMSTANCE SHALL INCOME INCLUDE A HEALTHY BIRTH GRANT  PROVIDED  UNDER
 SECTION THREE HUNDRED SIXTY-SEVEN-Z OF THE SOCIAL SERVICES LAW. Provided
 further, that effective with exemption applications for final assessment
 rolls  to  be completed in two thousand nineteen, where an income-eligi-
 bility determination is wholly or partly based upon the income of one or
 more individuals who did not file a return for the applicable income tax
 year, then in order for the application to be considered complete,  each
 such  individual  must  file a statement with the department showing the
 source or sources of [his or her]  SUCH  INDIVIDUAL'S  income  for  that
 income tax year, and the amount or amounts thereof, that would have been
 reported on such a return if one had been filed. Such statement shall be
 filed at such time, and in such form and manner, as may be prescribed by
 the  department,  and  shall be subject to the secrecy provisions of the
 tax law to the same extent that a personal income tax return  would  be.
 The  department shall make such forms and instructions available for the
 filing of such statements. The local assessor shall upon the request  of
 a  taxpayer assist such taxpayer in the filing of the statement with the
 department.
   § 14. Paragraph (a) of subdivision 3 of section 11-245.3 of the admin-
 istrative code of the city of New York, as amended by local  law  number
 140  of  the  city  of New York for the year 2017, is amended to read as
 follows:
   (a) if the income of the owner or the combined income of the owners of
 the property exceeds the sum of twenty-six  thousand  dollars  beginning
 July  first,  two  thousand six, twenty-seven thousand dollars beginning
 July first, two thousand seven, twenty-eight thousand dollars  beginning
 July  first,  two thousand eight, twenty-nine thousand dollars beginning
 July first, two thousand nine, and fifty thousand dollars beginning July
 first, two thousand  seventeen  for  the  income  tax  year  immediately
 preceding  the date of making application for exemption. Income tax year
 shall mean the twelve month period for which the owner or owners filed a
 federal personal income tax return, or if no such return is  filed,  the
 calendar  year. Where title is vested in either the husband or the wife,
 their combined income may not exceed such sum, except where the  husband
 or  wife,  or  ex-husband  or  ex-wife  is  absent  from the property as
 provided in subparagraph (ii) of paragraph (d) of this subdivision, then
 only the income of the spouse or  ex-spouse  residing  on  the  property
 shall  be  considered  and  may  not  exceed such sum. Such income shall
 include social security and retirement  benefits,  interest,  dividends,
 total  gain  from  the  sale or exchange of a capital asset which may be
 S. 9940                             5
 
 offset by a loss from the sale or exchange of a  capital  asset  in  the
 same  income  tax  year,  net rental income, salary or earnings, and net
 income from self-employment, but shall not include gifts,  inheritances,
 a  return  of  capital,  payments  made  to individuals because of their
 status as victims of Nazi persecution as defined in P.L. 103-286, monies
 earned through employment in the  federal  foster  grandparent  program,
 [and]  veterans  disability  compensation  as defined in title 38 of the
 United States Code, AND HEALTHY BIRTH  GRANTS  DISBURSED  UNDER  SECTION
 THREE  HUNDRED  SIXTY-SEVEN-Z  OF  THE SOCIAL SERVICES LAW, and any such
 income shall be offset by all medical  and  prescription  drug  expenses
 actually  paid  which  were  not reimbursed or paid for by insurance. In
 computing net rental income  and  net  income  from  self-employment  no
 depreciation  deduction  shall  be  allowed for the exhaustion, wear and
 tear of real or personal property held for the production of income;
   § 15. Paragraph (a) of subdivision 3 of section 11-245.4 of the admin-
 istrative code of the city of New York, as amended by local  law  number
 140  of  the  city  of New York for the year 2017, is amended to read as
 follows:
   (a) if the income of the owner or the combined income of the owners of
 the property for the income tax year immediately preceding the  date  of
 making  application for exemption exceeds the sum of twenty-six thousand
 dollars beginning July first, two thousand  six,  twenty-seven  thousand
 dollars  beginning July first, two thousand seven, twenty-eight thousand
 dollars beginning July first, two thousand eight,  twenty-nine  thousand
 dollars  beginning  July  first,  two  thousand nine, and fifty thousand
 dollars beginning July first, two thousand seventeen.  Income  tax  year
 shall mean the twelve month period for which the owner or owners filed a
 federal  personal  income tax return, or if no such return is filed, the
 calendar year. Where title is vested in either the husband or the  wife,
 their  combined income may not exceed such sum, except where the husband
 or wife, or ex-husband or ex-wife is absent from  the  property  due  to
 divorce,  legal  separation  or abandonment, then only the income of the
 spouse or ex-spouse residing on the property shall be considered and may
 not exceed such sum. Such  income  shall  include  social  security  and
 retirement  benefits,  interest,  dividends, total gain from the sale or
 exchange of a capital asset which may be offset by a loss from the  sale
 or  exchange  of a capital asset in the same income tax year, net rental
 income, salary or earnings, and net  income  from  self-employment,  but
 shall  not include a return of capital, gifts, inheritances [or], monies
 earned through employment in the federal foster grandparent program,  OR
 HEALTHY BIRTH GRANTS DISBURSED UNDER SECTION THREE HUNDRED SIXTY-SEVEN-Z
 OF  THE  SOCIAL SERVICES LAW, and any such income shall be offset by all
 medical and prescription drug expenses  actually  paid  which  were  not
 reimbursed  or paid for by insurance. In computing net rental income and
 net income from  self-employment  no  depreciation  deduction  shall  be
 allowed  for  the exhaustion, wear and tear of real or personal property
 held for the production of income;
   § 16. Subparagraph 4 of paragraph b of subdivision 5-a of  part  B  of
 section  236 of the domestic relations law, as amended by chapter 269 of
 the laws of 2015, is amended to read as follows
   (4) "Income" shall mean income as defined in the child support  stand-
 ards  act  and codified in section two hundred forty of this article and
 section four hundred thirteen of the family court act without  subtract-
 ing  alimony or maintenance actually paid or to be paid to a spouse that
 is a party to the instant action pursuant to  subclause  (C)  of  clause
 (vii)  of  subparagraph  five  of  paragraph (b) of subdivision one-b of
 S. 9940                             6
 
 section two hundred forty of this article and subclause  (C)  of  clause
 (vii)  of  subparagraph  five  of  paragraph  (b)  of subdivision one of
 section four hundred thirteen  of  the  family  court  act  and  without
 subtracting spousal support paid pursuant to section four hundred twelve
 of  such  act.  IN  NO  CIRCUMSTANCE  SHALL INCOME INCLUDE HEALTHY BIRTH
 GRANTS DISBURSED UNDER SECTION THREE HUNDRED SIXTY-SEVEN-Z OF THE SOCIAL
 SERVICES LAW, HOWEVER.
   § 17. The opening paragraph of subparagraph  5  of  paragraph  (b)  of
 subdivision  1-b  of section 240 of the domestic relations law, as added
 by chapter 567 of the laws of 1989, is amended to read as follows:
   "Income" shall mean, but shall not be  limited  to,  the  sum  of  the
 amounts determined by the application of clauses (i), (ii), (iii), (iv),
 (v)  and  (vi)  of this subparagraph reduced by the amount determined by
 the application of clause (vii) of this subparagraph, PROVIDED  THAT  IN
 NO  INSTANCE  SHALL  A  HEALTHY BIRTH GRANT PROVIDED UNDER SECTION THREE
 HUNDRED SIXTY-SEVEN-Z OF THE SOCIAL SERVICES LAW BE CONSIDERED INCOME:
   § 18. The opening paragraph of subparagraph  5  of  paragraph  (b)  of
 subdivision  1  of  section  413  of the family court act, as amended by
 chapter 567 of the laws of 1989, is amended to read as follows:
   "Income" shall mean, but shall not be  limited  to,  the  sum  of  the
 amounts determined by the application of clauses (i), (ii), (iii), (iv),
 (v)  and  (vi)  of this subparagraph reduced by the amount determined by
 the application of clause (vii) of this subparagraph, PROVIDED  THAT  IN
 NO  INSTANCE  SHALL  A  HEALTHY BIRTH GRANT PROVIDED UNDER SECTION THREE
 HUNDRED SIXTY-SEVEN-Z OF THE SOCIAL SERVICES LAW BE CONSIDERED INCOME:
   § 19. Section 410-w of the social services law is amended by adding  a
 new subdivision 7-a to read as follows:
   7-A.  FOR  PURPOSES  OF  DETERMINING  FINANCIAL ELIGIBILITY UNDER THIS
 TITLE, A HEALTHY  BIRTH  GRANT  PROVIDED  UNDER  SECTION  THREE  HUNDRED
 SIXTY-SEVEN-Z  OF THIS CHAPTER SHALL BE DISREGARDED WHEN DETERMINING THE
 ELIGIBILITY OF A HOUSEHOLD FOR A CHILD CARE SUBSIDY.
   § 20. This act shall take effect on  the  one  hundred  eightieth  day
 after the granting of a waiver from the federal department of health and
 human  services under section 1115 of the federal social security act or
 any successor provisions thereof; provided that the  state  commissioner
 of social services shall notify the legislative bill drafting commission
 upon  the  occurrence  of  the  granting of such a waiver by the federal
 department of health and human services provided for in section  one  of
 this act in order that the commission may maintain an accurate and time-
 ly  effective data base of the official text of the laws of the state of
 New in furtherance of effectuating the provisions of section 44  of  the
 legislative  law  and section 70-b of the public officers law. Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made and completed on or before such effective
 date.

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