A00624 Summary:

BILL NO    A00624 

SAME AS    No same as 

SPONSOR    Gantt

COSPNSR    

MLTSPNSR   

Amd S369-ee, Soc Serv L

Establishes resource level requirements for the family health plus program.
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A00624 Actions:

BILL NO    A00624 

01/07/2015 referred to health
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A00624 Votes:

There are no votes for this bill in this legislative session.
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A00624 Memo:

BILL NUMBER:A624

TITLE OF BILL:

An act to amend the social services law, in relation to establishing
resource level requirements for the family health plus program

PURPOSE OR GENERAL IDEA OF BILL:

This bill aims to place a restriction on the eligibility requirements
for the family health plus program.  Specifically, certain assets held
by potential recipients; applicants will not be considered upon
application for the program.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends section 369 of the social services law, stating that
medicare provided under Part A of Title XVIII of the federal social
security act shall be deemed to not be an equivalent healthcare
coverage under insurance or an equivalent mechanism.

Amends section 369 by adding a new provision which aims to define and
list all exempt resources that are not to be considered for
eligibility for family health plus.

Amends section 369 by adding a new provision which lists all assets
and trusts that are to be considered for determining assistance under
family health plus.

Amends section 369 by adding a new provision that lists all asset
transfers that are to be considered for determining assistance under
family health plus.

JUSTIFICATION:

Currently, most social services programs have asset cap requirements.
Presently, there is no assessment of the amount of available assets
that a recipient or applicant may possess within the application
process. This legislation changes the nature of requirements upon
which applicants may request for assistance from the family health
plus. Personal assets, such as trusts, that have a potential for a
monetary return are not to be exempt from consideration for this
program. Though assets are not considered as immediate monetary
income, they are, nonetheless an available resource of wealth. This
legislation places a cap on the value of assets that they may have in
their possession, or through a transfer.  This will establish
increased efficiency within the family health plus program by
providing services to applicants and recipients who need it most.

It will also deter applicants who seek to abuse the social services
system by using a loophole that does not acknowledge available
resources of wealth.

LEGISLATIVE HISTORY:

2009-2010: A.2767
2011-2012: A.995


2013-2014: A.1163

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the nineteenth day after it shall have
become a law; provided that the commissioner is authorized to
promulgate any and all rules and regulations and take any other
measures necessary to implement this act on its effective date on or
before such date.
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A00624 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          624

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 7, 2015
                                      ___________

       Introduced  by M. of A. GANTT -- read once and referred to the Committee
         on Health

       AN ACT to amend the social services law,  in  relation  to  establishing
         resource level requirements for the family health plus program

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subparagraph (iii) of paragraph (a)  of  subdivision  2  of
    2  section  369-ee of the social services law, as added by chapter 1 of the
    3  laws of 1999 and as further amended by section 104 of part A of  chapter
    4  62 of the laws of 2011, is amended to read as follows:
    5    (iii) does not have equivalent health care coverage under insurance or
    6  equivalent  mechanisms,  as  defined by the commissioner in consultation
    7  with the superintendent of financial services; AND FOR PURPOSES OF  THIS
    8  SUBPARAGRAPH, MEDICARE PROVIDED PURSUANT TO PART A OF TITLE XVIII OF THE
    9  FEDERAL  SOCIAL  SECURITY  ACT  SHALL  BE DEEMED TO NOT BE AN EQUIVALENT
   10  HEALTH CARE COVERAGE UNDER INSURANCE OR AN EQUIVALENT MECHANISM;
   11    S 2. Subparagraph (iii) of paragraph (a) of subdivision 2  of  section
   12  369-ee of the social services law, as amended by section 68 of part C of
   13  chapter  58 of the laws of 2009 and as further amended by section 104 of
   14  part A of chapter 62 of the laws of 2011, is amended to read as follows:
   15    (iii) does not have equivalent health care coverage under insurance or
   16  equivalent mechanisms, as defined by the  commissioner  in  consultation
   17  with  the superintendent of financial services; AND FOR PURPOSES OF THIS
   18  SUBPARAGRAPH, MEDICARE PROVIDED PURSUANT TO PART A OF TITLE XVIII OF THE
   19  FEDERAL SOCIAL SECURITY ACT SHALL BE DEEMED  TO  NOT  BE  AN  EQUIVALENT
   20  HEALTH CARE COVERAGE UNDER INSURANCE OR AN EQUIVALENT MECHANISM;
   21    S  3.  Paragraph  (b) of subdivision 2 of section 369-ee of the social
   22  services law, as amended by section 45-d of part C of chapter 58 of  the
   23  laws  of  2008,  and the opening paragraph as amended by section 59-c of
   24  part C of chapter 58 of the laws of 2009, is amended to read as follows:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02902-01-5
       A. 624                              2

    1    (b) Subject to the provisions of paragraph (d) of this subdivision, in
    2  order to establish eligibility under this subdivision, which shall  ALSO
    3  be  determined  [without]  WITH regard to resources, an individual shall
    4  provide such documentation as is necessary and sufficient to  initially,
    5  and annually thereafter, determine an applicant's eligibility for cover-
    6  age  under  this  title.  Such  documentation  shall include, but not be
    7  limited to the following, if needed to verify eligibility:
    8    (i) paycheck stubs; or
    9    (ii) written documentation of income from all employers; or
   10    (iii) other documentation of income (earned or unearned) as determined
   11  by the commissioner, provided  however,  such  documentation  shall  set
   12  forth the source of such income; and
   13    (iv)  proof of identity and residence as determined by the commission-
   14  er.
   15    The commissioner of health may verify the accuracy of the  information
   16  provided  by  the  individual  pursuant to this paragraph by matching it
   17  against information to which  the  commissioner  of  health  has  access
   18  including  under  subdivision eight of section three hundred sixty-six-a
   19  of this article.
   20    S 4. Section 369-ee of the social services law is  amended  by  adding
   21  two new subdivisions 2-c and 2-d to read as follows:
   22    2-C. EXEMPT RESOURCES. (A) THE FOLLOWING RESOURCES SHALL BE EXEMPT AND
   23  SHALL  NOT  BE TAKEN INTO CONSIDERATION IN DETERMINING A PERSON'S ELIGI-
   24  BILITY FOR MEDICAL CARE, SERVICES  AND  SUPPLIES  AVAILABLE  UNDER  THIS
   25  TITLE:
   26    (I) A HOMESTEAD WHICH IS ESSENTIAL AND APPROPRIATE TO THE NEEDS OF THE
   27  HOUSEHOLD;
   28    (II) ESSENTIAL PERSONAL PROPERTY;
   29    (III) A BURIAL FUND, TO THE EXTENT ALLOWED AS AN EXEMPT RESOURCE UNDER
   30  THE  CASH  ASSISTANCE  PROGRAM  TO  WHICH  THE APPLICANT IS MOST CLOSELY
   31  RELATED;
   32    (IV) SAVINGS IN AMOUNTS EQUAL TO  AT  LEAST  ONE-HALF  OF  THE  INCOME
   33  AMOUNT  PERMITTED  UNDER SUBPARAGRAPH SEVEN OF PARAGRAPH (A) OF SUBDIVI-
   34  SION TWO OF SECTION THREE HUNDRED SIXTY-SIX OF THIS  ARTICLE,  PROVIDED,
   35  HOWEVER, THAT THE AMOUNTS FOR ONE AND TWO PERSON HOUSEHOLDS SHALL NOT BE
   36  LESS THAN THE AMOUNTS PERMITTED TO BE RETAINED BY HOUSEHOLDS OF THE SAME
   37  SIZE  IN  ORDER  TO  QUALIFY FOR BENEFITS UNDER THE FEDERAL SUPPLEMENTAL
   38  SECURITY INCOME PROGRAM;
   39    (V) HEALTH INSURANCE PREMIUMS.
   40    NO OTHER RESOURCES, INCLUDING FEDERAL OLD-AGE, SURVIVORS AND DISABILI-
   41  TY INSURANCE, STATE DISABILITY INSURANCE OR  OTHER  PAYROLL  DEDUCTIONS,
   42  WHETHER  MANDATORY  OR OPTIONAL, SHALL BE EXEMPT AND ALL OTHER RESOURCES
   43  SHALL BE TAKEN INTO CONSIDERATION AND REQUIRED TO BE APPLIED TOWARD  THE
   44  PAYMENT  OR  PARTIAL  PAYMENT  OF  THE COST OF MEDICAL CARE AND SERVICES
   45  AVAILABLE UNDER THIS SECTION, TO THE EXTENT PERMITTED BY FEDERAL LAW.
   46    (B) (I) IN ESTABLISHING STANDARDS FOR DETERMINING ELIGIBILITY FOR  AND
   47  AMOUNT  OF  SUCH  ASSISTANCE,  THE  DEPARTMENT OF HEALTH SHALL TAKE INTO
   48  ACCOUNT ONLY SUCH RESOURCES, IN ACCORDANCE WITH FEDERAL REQUIREMENTS, AS
   49  ARE AVAILABLE TO THE APPLICANT OR RECIPIENT AND AS WOULD NOT BE REQUIRED
   50  TO BE DISREGARDED OR SET ASIDE FOR FUTURE NEEDS, AND THERE  SHALL  BE  A
   51  REASONABLE  EVALUATION  OF  ANY SUCH RESOURCES. THE DEPARTMENT OF HEALTH
   52  SHALL NOT CONSIDER THE AVAILABILITY OF  AN  OPTION  FOR  AN  ACCELERATED
   53  PAYMENT  OF  DEATH BENEFITS OR SPECIAL SURRENDER VALUE PURSUANT TO PARA-
   54  GRAPH ONE OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN
   55  OF THE INSURANCE LAW, OR AN OPTION TO ENTER INTO A  VIATICAL  SETTLEMENT
   56  PURSUANT  TO  THE  PROVISIONS  OF ARTICLE SEVENTY-EIGHT OF THE INSURANCE
       A. 624                              3

    1  LAW, AS AN AVAILABLE RESOURCE IN DETERMINING ELIGIBILITY FOR  AN  AMOUNT
    2  OF SUCH ASSISTANCE, PROVIDED, HOWEVER, THAT THE PAYMENT OF SUCH BENEFITS
    3  SHALL  BE  CONSIDERED  IN DETERMINING ELIGIBILITY FOR AND AMOUNT OF SUCH
    4  ASSISTANCE.  THERE  SHALL  NOT BE TAKEN INTO CONSIDERATION THE FINANCIAL
    5  RESPONSIBILITY OF ANY INDIVIDUAL  FOR  ANY  APPLICANT  OR  RECIPIENT  OF
    6  ASSISTANCE UNDER THIS SECTION UNLESS SUCH APPLICANT OR RECIPIENT IS SUCH
    7  INDIVIDUAL'S  SPOUSE  OR SUCH INDIVIDUAL'S CHILD WHO IS UNDER TWENTY-ONE
    8  YEARS OF AGE. IN DETERMINING THE ELIGIBILITY OF A CHILD WHO IS CATEGORI-
    9  CALLY ELIGIBLE AS BLIND OR DISABLED,  AS  DETERMINED  UNDER  REGULATIONS
   10  PRESCRIBED  BY  THE  SOCIAL  SECURITY  ACT  FOR  MEDICAL ASSISTANCE, THE
   11  RESOURCES OF PARENTS OR SPOUSES OF PARENTS ARE NOT CONSIDERED  AVAILABLE
   12  TO THAT CHILD IF HE OR SHE DOES NOT REGULARLY SHARE THE COMMON HOUSEHOLD
   13  EVEN IF THE CHILD RETURNS TO THE COMMON HOUSEHOLD FOR PERIODIC VISITS.
   14    (II)  IN  EVALUATING  THE  RESOURCES  AVAILABLE TO AN APPLICANT FOR OR
   15  RECIPIENT OF MEDICAL ASSISTANCE, FOR PURPOSES OF DETERMINING ELIGIBILITY
   16  FOR AND THE AMOUNT OF SUCH ASSISTANCE, THE  DEPARTMENT  OF  HEALTH  MUST
   17  CONSIDER ASSETS HELD IN OR PAID FROM TRUSTS CREATED BY SUCH APPLICANT OR
   18  RECIPIENT,  AS  DETERMINED PURSUANT TO THE REGULATIONS OF THE DEPARTMENT
   19  OF HEALTH, IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBPARAGRAPH.
   20    (A) IN THE CASE OF A REVOCABLE TRUST CREATED BY AN APPLICANT OR RECIP-
   21  IENT, AS DETERMINED PURSUANT TO REGULATIONS OF THE DEPARTMENT OF  HEALTH
   22  THE TRUST CORPUS MUST BE CONSIDERED TO BE AN AVAILABLE RESOURCE.
   23    (B)  IN  THE  CASE  OF AN IRREVOCABLE TRUST CREATED BY AN APPLICANT OR
   24  RECIPIENT, AS DETERMINED PURSUANT TO REGULATIONS OF  THE  DEPARTMENT  OF
   25  HEALTH  ANY  PORTION OF THE TRUST CORPUS, AND OF THE INCOME GENERATED BY
   26  THE TRUST CORPUS, FROM WHICH PAYMENT COULD BE MADE TO OR FOR THE BENEFIT
   27  OF SUCH APPLICANT OR RECIPIENT MUST BE CONSIDERED  TO  BE  AN  AVAILABLE
   28  RESOURCE.
   29    (C)  NOTWITHSTANDING  THE  PROVISIONS  OF  CLAUSES (A) AND (B) OF THIS
   30  SUBPARAGRAPH, IN THE CASE OF AN APPLICANT OR RECIPIENT WHO IS  DISABLED,
   31  AS  SUCH  TERM  IS  DEFINED  IN SECTION 1614(A)(3) OF THE FEDERAL SOCIAL
   32  SECURITY ACT, THE DEPARTMENT OF HEALTH MUST NOT  CONSIDER  AS  AVAILABLE
   33  RESOURCES THE CORPUS OR INCOME OF THE FOLLOWING TRUSTS WHICH COMPLY WITH
   34  THE  PROVISIONS  OF  THE  REGULATIONS  AUTHORIZED  BY CLAUSE (D) OF THIS
   35  SUBPARAGRAPH:
   36    (I) A TRUST CONTAINING THE ASSETS OF SUCH A DISABLED INDIVIDUAL  WHICH
   37  WAS  ESTABLISHED  FOR  THE BENEFIT OF THE DISABLED INDIVIDUAL WHILE SUCH
   38  INDIVIDUAL WAS UNDER SIXTY-FIVE YEARS OF AGE BY A  PARENT,  GRANDPARENT,
   39  LEGAL GUARDIAN, OR COURT OF COMPETENT JURISDICTION, IF UPON THE DEATH OF
   40  SUCH  INDIVIDUAL  THE  STATE  WILL  RECEIVE ALL AMOUNTS REMAINING IN THE
   41  TRUST UP TO THE TOTAL VALUE OF ALL MEDICAL ASSISTANCE PAID ON BEHALF  OF
   42  SUCH INDIVIDUAL; AND
   43    (II)  A  TRUST  CONTAINING  THE  ASSETS  OF SUCH A DISABLED INDIVIDUAL
   44  ESTABLISHED AND MANAGED BY  A  NON-PROFIT  ASSOCIATION  WHICH  MAINTAINS
   45  SEPARATE  ACCOUNTS  FOR  THE  BENEFIT  OF DISABLED INDIVIDUALS, BUT, FOR
   46  PURPOSES  OF  INVESTMENT  AND  MANAGEMENT  OF  TRUST  FUNDS,  POOLS  THE
   47  ACCOUNTS, PROVIDED THAT ACCOUNTS IN THE TRUST FUND ARE ESTABLISHED SOLE-
   48  LY  FOR  THE  BENEFIT  OF  INDIVIDUALS  WHO ARE DISABLED AS SUCH TERM IS
   49  DEFINED IN SECTION 1614(A)(3) OF THE FEDERAL SOCIAL SECURITY ACT BY SUCH
   50  DISABLED INDIVIDUAL, A PARENT, GRANDPARENT, LEGAL GUARDIAN, OR COURT  OF
   51  COMPETENT  JURISDICTION, AND TO THE EXTENT THAT AMOUNTS REMAINING IN THE
   52  INDIVIDUAL'S ACCOUNT ARE NOT RETAINED BY THE TRUST UPON THE DEATH OF THE
   53  INDIVIDUAL, THE STATE WILL RECEIVE ALL SUCH REMAINING AMOUNTS UP TO  THE
   54  TOTAL VALUE OF ALL MEDICAL ASSISTANCE PAID ON BEHALF OF SUCH INDIVIDUAL.
   55  NOTWITHSTANDING  ANY  LAW  TO THE CONTRARY, A NOT-FOR-PROFIT CORPORATION
   56  MAY, IN FURTHERANCE OF AND AS AN ADJUNCT TO ITS CORPORATE PURPOSES,  ACT
       A. 624                              4

    1  AS TRUSTEE OF A TRUST FOR PERSONS WITH DISABILITIES ESTABLISHED PURSUANT
    2  TO THIS SUBCLAUSE, PROVIDED THAT A TRUST COMPANY, AS DEFINED IN SUBDIVI-
    3  SION SEVEN OF SECTION ONE HUNDRED-C OF THE BANKING LAW, ACTS AS CO-TRUS-
    4  TEE.
    5    (D)  THE DEPARTMENT OF HEALTH SHALL PROMULGATE SUCH REGULATIONS AS MAY
    6  BE NECESSARY TO CARRY OUT THE  PROVISIONS  OF  THIS  SUBPARAGRAPH.  SUCH
    7  REGULATIONS  SHALL  INCLUDE  PROVISIONS FOR: ASSURING THE FULFILLMENT OF
    8  FIDUCIARY OBLIGATIONS OF THE  TRUSTEE  WITH  RESPECT  TO  THE  REMAINDER
    9  INTEREST OF THE DEPARTMENT OF HEALTH OR STATE; MONITORING POOLED TRUSTS;
   10  APPLYING THIS SUBDIVISION TO LEGAL INSTRUMENTS AND OTHER DEVICES SIMILAR
   11  TO  TRUSTS, IN ACCORDANCE WITH APPLICABLE FEDERAL RULES AND REGULATIONS;
   12  AND ESTABLISHING PROCEDURES UNDER WHICH THE APPLICATION OF THIS SUBDIVI-
   13  SION WILL BE WAIVED WITH RESPECT TO AN APPLICANT OR RECIPIENT WHO DEMON-
   14  STRATES THAT SUCH APPLICATION WOULD WORK AN UNDUE  HARDSHIP  ON  HIM  OR
   15  HER,  IN  ACCORDANCE  WITH  STANDARDS  SPECIFIED BY THE SECRETARY OF THE
   16  FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES.  SUCH  REGULATIONS  MAY
   17  REQUIRE  NOTIFICATION  OF  THE  DEPARTMENT OF THE CREATION OR FUNDING OF
   18  SUCH A TRUST FOR THE BENEFIT OF AN APPLICANT FOR OR RECIPIENT OF MEDICAL
   19  ASSISTANCE; NOTIFICATION OF THE DEPARTMENT OF HEALTH OF THE DEATH  OF  A
   20  BENEFICIARY  OF  SUCH  A  TRUST  WHO IS A CURRENT OR FORMER RECIPIENT OF
   21  MEDICAL ASSISTANCE; IN THE CASE OF A TRUST, THE CORPUS OF WHICH  EXCEEDS
   22  ONE  HUNDRED  THOUSAND DOLLARS, NOTIFICATION OF THE DEPARTMENT OF HEALTH
   23  OF TRANSACTIONS TENDING  TO  SUBSTANTIALLY  DEPLETE  THE  TRUST  CORPUS;
   24  NOTIFICATION  OF  THE DEPARTMENT OF HEALTH OF ANY TRANSACTIONS INVOLVING
   25  TRANSFERS FROM THE TRUST CORPUS FOR LESS THAN  FAIR  MARKET  VALUE;  THE
   26  BONDING  OF  THE TRUSTEE WHEN THE ASSETS OF SUCH A TRUST EQUAL OR EXCEED
   27  ONE MILLION DOLLARS, UNLESS A COURT  OF  COMPETENT  JURISDICTION  WAIVES
   28  SUCH REQUIREMENT; AND THE BONDING OF THE TRUSTEE WHEN THE ASSETS OF SUCH
   29  A  TRUST  ARE  LESS  THAN  ONE MILLION DOLLARS, UPON ORDER OF A COURT OF
   30  COMPETENT JURISDICTION.   THE DEPARTMENT OF HEALTH,  TOGETHER  WITH  THE
   31  BANKING  DEPARTMENT,  SHALL  PROMULGATE REGULATIONS GOVERNING THE ESTAB-
   32  LISHMENT, MANAGEMENT AND MONITORING OF  TRUST  ESTABLISHED  PURSUANT  TO
   33  SUBCLAUSE   (II)   OF  CLAUSE  (C)  OF  THIS  SUBPARAGRAPH  IN  WHICH  A
   34  NOT-FOR-PROFIT CORPORATION AND A TRUST COMPANY SERVE AS CO-TRUSTEES.
   35    (E) NOTWITHSTANDING ANY ACTS, OMISSIONS OR FAILURES TO ACT OF A  TRUS-
   36  TEE OF A TRUST WHICH THE DEPARTMENT OF HEALTH OR A LOCAL SOCIAL SERVICES
   37  OFFICIAL  HAS  DETERMINED COMPLIES WITH THE PROVISIONS OF CLAUSE (C) AND
   38  THE REGULATIONS AUTHORIZED BY  CLAUSE  (D)  OF  THIS  SUBPARAGRAPH,  THE
   39  DEPARTMENT  MUST  NOT CONSIDER THE CORPUS OR INCOME OF ANY SUCH TRUST AS
   40  AVAILABLE RESOURCES OF THE APPLICANT OR RECIPIENT WHO  IS  DISABLED,  AS
   41  SUCH TERM IS DEFINED IN SECTION 1614(A)(3) OF THE FEDERAL SOCIAL SECURI-
   42  TY ACT. THE DEPARTMENT OF HEALTH'S REMEDY FOR REDRESS OF ANY ACTS, OMIS-
   43  SIONS  OR  FAILURES  TO  ACT  BY SUCH A TRUSTEE WHOSE ACTS, OMISSIONS OR
   44  FAILURES ARE CONSIDERED BY THE DEPARTMENT OF HEALTH TO  BE  INCONSISTENT
   45  WITH THE TERMS OF THE TRUST, CONTRARY TO APPLICABLE LAWS AND REGULATIONS
   46  OF THE DEPARTMENT OF HEALTH, OR CONTRARY TO THE FIDUCIARY OBLIGATIONS OF
   47  THE  TRUSTEE  SHALL BE THE COMMENCEMENT OF AN ACTION OR PROCEEDING UNDER
   48  SUBDIVISION ONE OF SECTION SIXTY-THREE OF THE EXECUTIVE LAW TO SAFEGUARD
   49  OR ENFORCE THE STATE'S REMAINDER INTEREST IN THE TRUST,  OR  SUCH  OTHER
   50  ACTION  OR  PROCEEDING  AS  MAY  BE  LAWFUL AND APPROPRIATE AS TO ASSURE
   51  COMPLIANCE BY THE TRUSTEE  OR  TO  SAFEGUARD  AND  ENFORCE  THE  STATE'S
   52  REMAINDER INTEREST IN THE TRUST.
   53    2-D. RESOURCE ELIGIBILITY REQUIREMENTS. (A) IN DETERMINING THE INITIAL
   54  OR  CONTINUING  ELIGIBILITY  OF  ANY  PERSON  FOR  ASSISTANCE UNDER THIS
   55  SECTION, THERE SHALL BE INCLUDED IN THE AMOUNT OF  RESOURCES  CONSIDERED
   56  AVAILABLE  TO SUCH PERSON THE UNCOMPENSATED VALUE OF ANY RESOURCE TRANS-
       A. 624                              5

    1  FERRED, AND SUCH PERSON SHALL BE INELIGIBLE FOR SUCH ASSISTANCE FOR SUCH
    2  PERIOD OR PERIODS AS SPECIFIED IN THIS SUBDIVISION.
    3    (B) (I) A NONEXEMPT RESOURCE SHALL MEAN ANY RESOURCE WHICH IF RETAINED
    4  BY  SUCH  PERSON  WOULD  NOT  BE  EXEMPT  FROM  CONSIDERATION  UNDER THE
    5  PROVISIONS OF SUBDIVISION TWO-C OF THIS SECTION;
    6    (II) ANY TRANSFER OF A  NONEXEMPT  RESOURCE  MADE  WITHIN  TWENTY-FOUR
    7  MONTHS  PRIOR  TO THE DATE OF A PERSON'S APPLICATION FOR MEDICAL ASSIST-
    8  ANCE SHALL BE PRESUMED TO HAVE BEEN MADE FOR THE PURPOSE  OF  QUALIFYING
    9  FOR  SUCH  ASSISTANCE;  HOWEVER,  IF  SUCH  PERSON FURNISHES EVIDENCE TO
   10  ESTABLISH THAT THE TRANSFER WAS EXCLUSIVELY FOR SOME OTHER PURPOSE,  THE
   11  UNCOMPENSATED  VALUE SHALL NOT BE CONSIDERED AVAILABLE TO SUCH PERSON IN
   12  DETERMINING HIS OR HER INITIAL  OR  CONTINUED  ELIGIBILITY  FOR  MEDICAL
   13  ASSISTANCE;
   14    (III)  THE  UNCOMPENSATED VALUE OF ANY SUCH RESOURCE SHALL BE THE FAIR
   15  MARKET VALUE OF SUCH RESOURCE AT THE TIME OF TRANSFER, MINUS THE  AMOUNT
   16  OF THE COMPENSATION RECEIVED BY THE PERSON IN EXCHANGE FOR THE RESOURCE;
   17    (IV)  EXCESS  RESOURCES  SHALL  BE  THE  TOTAL OF A PERSON'S NONEXEMPT
   18  RESOURCES ABOVE TWENTY THOUSAND DOLLARS;
   19    (V) ANY PERSON DETERMINED TO HAVE RESOURCES IN EXCESS OF TWENTY  THOU-
   20  SAND  DOLLARS  SHALL  BE  INELIGIBLE  FOR  ASSISTANCE UNDER THIS SECTION
   21  PURSUANT TO SUBPARAGRAPHS (VI) AND (VII) OF THIS PARAGRAPH;
   22    (VI) ANY PERSON DETERMINED TO HAVE EXCESS RESOURCES OF  FIFTEEN  THOU-
   23  SAND  DOLLARS OR LESS BECAUSE OF THE APPLICATION OF THIS PARAGRAPH SHALL
   24  REMAIN INELIGIBLE FOR ASSISTANCE UNDER THIS TITLE FOR A PERIOD OF  TWEN-
   25  TY-FOUR  MONTHS  FROM THE DATE OF THE TRANSFER, OR UNTIL SUCH PERSON CAN
   26  DEMONSTRATE THAT HE OR SHE HAS INCURRED MEDICAL EXPENSES AFTER THE  DATE
   27  OF  TRANSFER  IN  THE  AMOUNT  OF  SUCH EXCESS ABOVE OTHERWISE ALLOWABLE
   28  RESOURCES, WHICHEVER PERIOD IS SHORTER;
   29    (VII) ANY PERSON DETERMINED TO HAVE  EXCESS  RESOURCES  OF  MORE  THAN
   30  FIFTEEN  THOUSAND  DOLLARS  BECAUSE OF THE APPLICATION OF THIS PARAGRAPH
   31  SHALL REMAIN INELIGIBLE FOR ASSISTANCE UNDER THIS SECTION FOR  A  PERIOD
   32  WHICH  EXCEEDS  TWENTY-FOUR  MONTHS, WHICH PERIOD SHALL BE DETERMINED BY
   33  ADDING AN ADDITIONAL  MONTH  OF  INELIGIBILITY  FOR  EACH  TWO  THOUSAND
   34  DOLLARS  IN EXCESS OF FIFTEEN THOUSAND DOLLARS, OR UNTIL SUCH PERSON CAN
   35  DEMONSTRATE THAT HE OR SHE HAS INCURRED MEDICAL EXPENSES AFTER THE  DATE
   36  OF  TRANSFER  IN  THE  AMOUNT  OF  SUCH EXCESS ABOVE OTHERWISE ALLOWABLE
   37  RESOURCES, WHICHEVER PERIOD IS SHORTER.
   38    (C) ANY TRANSFER OF A RESOURCE BY A PERSON OR SUCH PERSON'S SPOUSE FOR
   39  LESS THAN FAIR MARKET VALUE MADE WITHIN OR AFTER THE THIRTY MONTHS IMME-
   40  DIATELY PRECEDING THE DATE OF APPLICATION FOR MEDICAL  ASSISTANCE  UNDER
   41  THIS  SECTION,  SHALL  RENDER  THE  PERSON  INELIGIBLE  FOR  HEALTH CARE
   42  SERVICES FOR A PERIOD OF TWENTY-FOUR MONTHS FROM THE DATE  OF  TRANSFER,
   43  WHICH  PERIOD SHALL BE DETERMINED BY ADDING AN ADDITIONAL MONTH OF INEL-
   44  IGIBILITY FOR EACH TWO THOUSAND DOLLARS IN EXCESS  OF  FIFTEEN  THOUSAND
   45  DOLLARS,  OR  UNTIL  SUCH  PERSON  CAN  DEMONSTRATE  THAT  HE OR SHE HAS
   46  INCURRED MEDICAL EXPENSES AFTER THE DATE OF TRANSFER IN  THE  AMOUNT  OF
   47  SUCH  EXCESS  ABOVE  ALLOWABLE  RESOURCES,  WHICHEVER PERIOD IS SHORTER;
   48  HOWEVER, A PERSON SHALL NOT BE INELIGIBLE FOR HEALTH CARE SERVICES SOLE-
   49  LY BY REASON OF ANY SUCH TRANSFER TO THE EXTENT THAT:
   50    (I) THE RESOURCE TRANSFERRED WAS A HOME AND  TITLE  TO  THE  HOME  WAS
   51  TRANSFERRED TO:
   52    (A) THE SPOUSE OF SUCH PERSON; OR
   53    (B) A CHILD OF SUCH PERSON WHO IS UNDER THE AGE OF TWENTY-ONE YEARS OR
   54  CERTIFIED  BLIND  OR  CERTIFIED  PERMANENTLY  AND  TOTALLY  DISABLED, AS
   55  DEFINED BY SECTION TWO HUNDRED EIGHT OF THIS ARTICLE; OR
       A. 624                              6

    1    (C) A SIBLING OF SUCH PERSON WHO HAS AN EQUITY INTEREST IN  SUCH  HOME
    2  AND  WHO  RESIDED  IN  SUCH HOME FOR A PERIOD OF AT LEAST ONE YEAR IMME-
    3  DIATELY BEFORE THE DATE THE PERSON APPLIED FOR MEDICAL ASSISTANCE PURSU-
    4  ANT TO THIS SECTION; OR
    5    (D) A SON OR DAUGHTER OF SUCH PERSON WHO WAS RESIDING IN SUCH HOME FOR
    6  A  PERIOD  OF AT LEAST TWO YEARS IMMEDIATELY BEFORE THE DATE SUCH PERSON
    7  APPLIED FOR  MEDICAL  ASSISTANCE  PURSUANT  TO  THIS  SECTION,  AND  WHO
    8  PROVIDED  CARE  TO  SUCH PERSON WHICH PERMITTED SUCH PERSON TO RESIDE AT
    9  HOME RATHER THAN IN AN INSTITUTION OR FACILITY; OR
   10    (II) THE RESOURCE WAS TRANSFERRED TO OR FOR THE SOLE BENEFIT  OF  SUCH
   11  PERSON'S SPOUSE, OR FROM SUCH PERSON'S SPOUSE TO OR FOR THE SOLE BENEFIT
   12  OF  SUCH PERSON, OR TO HIS OR HER CHILD WHO IS CERTIFIED BLIND OR CERTI-
   13  FIED PERMANENTLY AND TOTALLY DISABLED; OR
   14    (III) A SATISFACTORY SHOWING IS MADE THAT:
   15    (A) THE PERSON OR SUCH PERSON'S SPOUSE  INTENDED  TO  DISPOSE  OF  THE
   16  RESOURCE  EITHER  AT  FAIR MARKET VALUE, OR FOR OTHER VALUABLE CONSIDER-
   17  ATION, OR
   18    (B) THE RESOURCE WAS TRANSFERRED EXCLUSIVELY FOR A PURPOSE OTHER  THAN
   19  TO QUALIFY FOR MEDICAL ASSISTANCE; OR
   20    (IV) DENIAL OF ELIGIBILITY WOULD WORK AN UNDUE HARDSHIP, AS DEFINED BY
   21  THE  COMMISSIONER  WHICH  DEFINITION  SHALL INCLUDE THE INABILITY OF THE
   22  PERSON OR SUCH PERSON'S SPOUSE TO RETRIEVE THE  RESOURCE  OR  TO  OBTAIN
   23  FAIR MARKET VALUE THEREFOR DESPITE HIS OR HER BEST EFFORTS.
   24    (D)  THE  COMMISSIONER  SHALL PROMULGATE SUCH RULES AND REGULATIONS AS
   25  MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SUBDIVISION.
   26    S 5. This act shall take effect on the ninetieth day  after  it  shall
   27  have  become  a law; provided however that section one of this act shall
   28  remain in effect until the approval of the commissioner of health pursu-
   29  ant to subdivision 4 of section 79 of part C of chapter 58 of  the  laws
   30  of  2005,  when upon such date the provisions of section two of this act
   31  shall take effect; and provided further that the commissioner of  health
   32  is  authorized  to promulgate any and all rules and regulations and take
   33  any other measures necessary to implement this act on its effective date
   34  on or before such date.
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