S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2242
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced  by M. of A. SIMON, FORREST, WOERNER -- Multi-Sponsored by --
   M. of A.  CONRAD, CUNNINGHAM, DINOWITZ, KELLES, REYES -- read once and
   referred to the Committee on Health
 
 AN ACT to amend the social services law, in  relation  to  allowing  for
   certain disability benefits to continue in the event an individual who
   is receiving such benefits gets married
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Clause (iv) of subparagraph 5 of paragraph (a) of  subdivi-
 sion  1 of section 366 of the social services law, as added by section 1
 of part D of chapter 56 of the laws of  2013,  is  amended  to  read  as
 follows:
   (iv) Married couples. In the case of a married couple living together,
 each  spouse  will  be  included  in  the household of the other spouse,
 regardless of whether they expect to  file  a  joint  tax  return  under
 section  six  thousand  thirteen of the internal revenue code or whether
 one spouse expects to be claimed as a tax dependent by the other spouse.
 PROVIDED, HOWEVER, THAT FOR PURPOSES OF ELIGIBILITY DETERMINATION  UNDER
 SUBPARAGRAPHS  FIVE  AND  SIX  OF  PARAGRAPH  (C) OF THIS SUBDIVISION, A
 SPOUSE SHALL NOT BE INCLUDED IN THE HOUSEHOLD OF THE OTHER SPOUSE IF ONE
 SPOUSE IS RECEIVING BENEFITS AS AN UNMARRIED INDIVIDUAL AND AS A  RESULT
 OF GETTING MARRIED WOULD NO LONGER BE ELIGIBLE TO RECEIVE SUCH BENEFITS.
   §  2.  Subdivision  12 of section 367-a of the social services law, as
 amended by section 42 of part B of chapter 57 of the laws  of  2015,  is
 amended to read as follows:
   12. (A) Prior to receiving medical assistance under subparagraphs five
 and  six  of  paragraph  (c) of subdivision one of section three hundred
 sixty-six of this title, a person whose net available income is at least
 one 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, must pay a  monthly  premium,  in  accordance
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04685-01-5
              

 A. 2242                             2
 
 with  a  procedure  to be established by the commissioner. The amount of
 such premium shall be twenty-five  dollars  for  an  individual  who  is
 otherwise  eligible for medical assistance under such subparagraphs, and
 fifty  dollars  for  a  couple,  both of whom are otherwise eligible for
 medical  assistance  under  such  subparagraphs.  No  premium  shall  be
 required  from  a  person  whose  net  available income is less than one
 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.
   (B) ANY UNMARRIED INDIVIDUAL WHO IS RECEIVING MEDICAL ASSISTANCE UNDER
 SUBPARAGRAPHS FIVE AND SIX  OF  PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF
 SECTION THREE HUNDRED SIXTY-SIX OF THIS TITLE AT THE TIME SUCH UNMARRIED
 INDIVIDUAL BECOMES A MARRIED INDIVIDUAL SHALL CONTINUE TO PAY THE MONTH-
 LY  PREMIUM  INDIVIDUAL  RATE,  IF  SUCH UNMARRIED INDIVIDUAL MARRIES AN
 INDIVIDUAL WHO IS OTHERWISE NOT ELIGIBLE FOR  MEDICAL  ASSISTANCE  UNDER
 SUCH  SUBPARAGRAPHS, SO LONG AS SUCH INDIVIDUAL CONTINUES TO SATISFY THE
 NECESSARY CRITERIA DESCRIBED IN SUCH SUBPARAGRAPHS AS IF SUCH INDIVIDUAL
 WERE AN UNMARRIED INDIVIDUAL.
   § 3. The social services law is amended by adding a new section  366-j
 to read as follows:
   § 366-J. RETENTION OF DISABILITY BENEFITS FOR CERTAIN MARRIED INDIVID-
 UALS.  NOTWITHSTANDING  ANY LAW, RULE OR REGULATION TO THE CONTRARY, ANY
 UNMARRIED INDIVIDUAL WHO IS ENTITLED TO AND CURRENTLY RECEIVING  MEDICAL
 ASSISTANCE  BENEFITS  UNDER  THIS TITLE BASED ON A DISABILITY, WHO WOULD
 BECOME INELIGIBLE TO CONTINUE RECEIVING SUCH MEDICAL ASSISTANCE BENEFITS
 IF SUCH UNMARRIED INDIVIDUAL WERE MARRIED,  SHALL  REMAIN  ELIGIBLE  FOR
 SUCH  BENEFITS  IF SUCH UNMARRIED INDIVIDUAL CHOOSES TO MARRY SO LONG AS
 SUCH INDIVIDUAL CONTINUES TO SATISFY THE CRITERIA  TO  BE  ELIGIBLE  FOR
 SUCH BENEFITS AS IF SUCH INDIVIDUAL WERE AN UNMARRIED INDIVIDUAL.
   § 4. This act shall take effect immediately.