New York State Assembly

 
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A06743 Summary:

A06743 Actions:

A06743 Committee Votes:

Committee:HEALTH   Chair:Gottfried      
DATE:04/25/2017AYE/NAY:26/0  Action: Favorable refer to committee Ways and Means        
Gottfried
Aye
Raia
Aye
Schimminger
Aye
McDonough
Aye
Galef
Aye
Ra
Aye
Dinowitz
Aye
Walter
Aye
Cahill
Aye
Garbarino
Aye
Paulin
Aye
Byrne
Aye
Cymbrowitz
Aye
Norris
Aye
Gunther
Aye
Rosenthal
Aye
Hevesi
Aye
Lavine
Aye
Titone
Aye
Mayer
Aye
Jaffee
Aye
Steck
Aye
Abinanti
Aye
Braunstein
Aye
Kim
Aye
Solages
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:05/16/2017AYE/NAY:33/0  Action: Favorable         
Farrell
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Excused
Fitzpatrick
Aye
Weinstein
Aye
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Aye
Walter
Aye
Pretlow
Aye
Montesano
Aye
Perry
Aye
Curran
Aye
Colton
Aye
Ra
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Excused
Braunstein
Aye
McDonald
Aye
Rozic
Aye

A06743 Floor Votes:

A06743 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6743
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 16, 2017
                                       ___________
 
        Introduced  by  M. of A. BARRETT, GOTTFRIED -- read once and referred 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
          assistance
 
          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.
                                                                   LBD10341-01-7
        A. 6743                             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.