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S04779 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 28, 2017
        Introduced  by Sens. HANNON, ORTT -- 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 the  eligibility
          of  disabled  persons  who are applicants for or recipients of medical

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Clause (iii) of subparagraph 2 of paragraph (b) of subdivi-
     2  sion  2  of  section 366 of the social services law, as added by chapter
     3  170 of the laws of 1994, subclause (B) as amended by chapter 656 of  the
     4  laws of 1997, is amended to read as follows:
     5    (iii)  Notwithstanding  the provisions of clauses (i) and (ii) of this
     6  subparagraph, in the case of an applicant or recipient who is  disabled,
     7  as  such  term  is  defined  in section 1614(a)(3) of the federal social
     8  security act, the department must not consider as  available  income  or
     9  resources the corpus or income of the following trusts which comply with
    10  the  provisions  of  the  regulations  authorized by clause (iv) of this
    11  subparagraph: (A) a trust containing the assets of such a disabled indi-
    12  vidual which was established for the benefit of the disabled  individual
    13  while  such individual was under sixty-five years of age by the individ-
    14  ual, a parent, grandparent, legal guardian, or court of competent juris-
    15  diction, if upon the death of such individual the state will receive all
    16  amounts remaining in the trust up to the  total  value  of  all  medical
    17  assistance paid on behalf of such individual; (B) and a trust containing
    18  the  assets  of  such a disabled individual established and managed by a
    19  non-profit association which maintains separate accounts for the benefit
    20  of disabled individuals, but, for purposes of investment and  management
    21  of  trust funds, pools the accounts, provided that accounts in the trust
    22  fund are established solely for the benefit of individuals who are disa-
    23  bled as such term is defined in section 1614(a)(3) of the federal social
    24  security act by such disabled individual, a parent,  grandparent,  legal
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 4779                             2
     1  guardian,  or  court  of  competent jurisdiction, and to the extent that
     2  amounts remaining in the individual's account are not  retained  by  the
     3  trust  upon the death of the individual, the state will receive all such
     4  remaining  amounts  up to the total value of all medical assistance paid
     5  on behalf of such individual. Notwithstanding any law to the contrary, a
     6  not-for-profit corporation may, in furtherance of and as an  adjunct  to
     7  its corporate purposes, act as trustee of a trust for persons with disa-
     8  bilities  established  pursuant to this subclause, provided that a trust
     9  company, as defined in subdivision seven of section one hundred-c of the
    10  banking law, acts as co-trustee.
    11    § 2. This act shall take effect immediately and  shall  apply  to  all
    12  trusts established on or after such effective date.
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