Allows for certain disability benefits to continue in the event an individual who is receiving such benefits gets married; provides that the marriage to another individual which would otherwise make an individual ineligible for certain disability benefits shall not be considered if such individual is already receiving disability benefits at the time of becoming married and continues to meet certain criteria.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5317
SPONSOR: Simon (MS) TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
Allows for certain disability benefits to continue in the event of an
individual who is receiving such benefits gets married
SUMMARY OF PROVISIONS:
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
JUSTIFICATION:
The complex laws that provide essential services and supports for people
with disabilities were created fragmentary and were based on outdated
assumptions about marriage, paternalism and had a limited understanding
of the full and vibrant lives possible for people with disabilities. Our
disabled citizens who qualify for Social Security benefits through a
medical disability generally cannot continue to receive benefits if they
mary someone who is not disabled or retired. Marriage should not be a
cultural club that an individual with disabilities cannot enter if they
wish and they should not be penalized from receiving those benefits if
they wish to marry.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
to be determined
EFFECTIVE DATE:
Shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
5317
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. SIMON -- Multi-Sponsored by -- M. of A. AUBRY,
CONRAD, CUNNINGHAM, DARLING, 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:
1 Section 1. Clause (iv) of subparagraph 5 of paragraph (a) of subdivi-
2 sion 1 of section 366 of the social services law, as added by section 1
3 of part D of chapter 56 of the laws of 2013, is amended to read as
4 follows:
5 (iv) Married couples. In the case of a married couple living together,
6 each spouse will be included in the household of the other spouse,
7 regardless of whether they expect to file a joint tax return under
8 section six thousand thirteen of the internal revenue code or whether
9 one spouse expects to be claimed as a tax dependent by the other spouse.
10 Provided, however, that for purposes of eligibility determination under
11 subparagraphs five and six of paragraph (c) of this subdivision, a
12 spouse shall not be included in the household of the other spouse if one
13 spouse is receiving benefits as an unmarried individual and as a result
14 of getting married would no longer be eligible to receive such benefits.
15 § 2. Subdivision 12 of section 367-a of the social services law, as
16 amended by section 42 of part B of chapter 57 of the laws of 2015, is
17 amended to read as follows:
18 12. (a) Prior to receiving medical assistance under subparagraphs five
19 and six of paragraph (c) of subdivision one of section three hundred
20 sixty-six of this title, a person whose net available income is at least
21 one hundred fifty percent of the applicable federal income official
22 poverty line, as defined and updated by the United States department of
23 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.
LBD08823-01-3
A. 5317 2
1 with a procedure to be established by the commissioner. The amount of
2 such premium shall be twenty-five dollars for an individual who is
3 otherwise eligible for medical assistance under such subparagraphs, and
4 fifty dollars for a couple, both of whom are otherwise eligible for
5 medical assistance under such subparagraphs. No premium shall be
6 required from a person whose net available income is less than one
7 hundred fifty percent of the applicable federal income official poverty
8 line, as defined and updated by the United States department of health
9 and human services.
10 (b) Any unmarried individual who is receiving medical assistance under
11 subparagraphs five and six of paragraph (c) of subdivision one of
12 section three hundred sixty-six of this title at the time he or she
13 becomes a married individual shall continue to pay the monthly premium
14 individual rate, if he or she marries an individual who is otherwise not
15 eligible for medical assistance under such subparagraphs, so long as
16 such individual continues to satisfy the necessary criteria described in
17 such subparagraphs as if he or she were an unmarried individual.
18 § 3. The social services law is amended by adding a new section 366-j
19 to read as follows:
20 § 366-j. Retention of disability benefits for certain married individ-
21 uals. Notwithstanding any law, rule or regulation to the contrary, any
22 unmarried individual who is entitled to and currently receiving medical
23 assistance benefits under this title based on a disability, who would
24 become ineligible to continue receiving such medical assistance benefits
25 if he or she were married, shall remain eligible for such benefits if he
26 or she chooses to marry so long as such individual continues to satisfy
27 the criteria to be eligible for such benefits as if he or she were an
28 unmarried individual.
29 § 4. This act shall take effect immediately.
