S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1043
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. KIM, GIBBS, GONZALEZ-ROJAS, SEAWRIGHT, CHANDLER-
   WATERMAN, DAVILA -- Multi-Sponsored by -- M. of A. COOK --  read  once
   and referred to the Committee on Health
 
 AN  ACT  to amend the social services law, in relation to increasing the
   amount of the savings exemption for eligibility for Medicaid

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subparagraph  4  of  paragraph  (a) of subdivision 2 of
 section 366 of the social services law, as amended by section 3 of  part
 AAA of chapter 56 of the laws of 2022, is amended to read as follows:
   (4)  savings  in  amounts  equal  to [one hundred fifty percent of the
 income amount permitted under  subparagraph  seven  of  this  paragraph,
 provided,  however,  that  the amounts for one and two person households
 shall not be less than the amounts permitted to be  retained  by  house-
 holds of the same size in order to qualify for benefits under the feder-
 al supplemental security income program] THREE HUNDRED THOUSAND DOLLARS;
   §  2.  Subparagraph 5 of paragraph (c) of subdivision 1 of section 366
 of the social services law, as amended by chapter 583  of  the  laws  of
 2023, is amended to read as follows:
   (5) A disabled individual at least sixteen years of age, but under the
 age of sixty-five, who: would be eligible for benefits under the supple-
 mental  security income program but for earnings in excess of the allow-
 able limit; has net available income that does not  exceed  two  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, for a one-person or two-person household, as  defined  by  the
 commissioner in regulation; has household resources, as defined in para-
 graph  (e)  of  subdivision  two of section three hundred sixty-six-c of
 this title, other than retirement accounts,  that  do  not  exceed  [one
 hundred  fifty percent of the income amount permitted under subparagraph
 seven of paragraph (a) of subdivision two of this section,  for  a  one-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00970-02-5
              

 A. 1043                             2

 person  or  two-person  household]  THREE  HUNDRED  THOUSAND DOLLARS, as
 defined by the commissioner in regulation; and contributes to  the  cost
 of  medical assistance provided pursuant to this subparagraph in accord-
 ance  with  subdivision twelve of section three hundred sixty-seven-a of
 this title; for purposes of this subparagraph, disabled means  having  a
 medically determinable impairment of sufficient severity and duration to
 qualify  for benefits under section 1902(a)(10)(A)(ii)(xv) of the social
 security act.
   § 3. This act shall take effect January 1,  2026;  provided,  however,
 that  the  effectiveness  of  sections  one and two of this act shall be
 subject to federal financial participation; provided, further,  however,
 that the commissioner of health shall notify the legislative bill draft-
 ing commission upon the occurrence of federal financial participation in
 order  that the commission may maintain an accurate and timely effective
 data base of the official text of the laws of the state of New  York  in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive  law  and  section 70-b of the public officers law. Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.