STATE OF NEW YORK
________________________________________________________________________
9278
IN ASSEMBLY
February 23, 2024
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Health
AN ACT to amend the social services law, in relation to eliminating a
"look-back period" for home care for non-institutionalized Medicaid
applicants; and repealing certain provisions of such law relating
thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Clause (xi) of subparagraph 1 of paragraph (e) of subdivi-
2 sion 5 of section 366 of the social services law is REPEALED.
3 § 2. The opening paragraph of subparagraph 3 of paragraph (e) of
4 subdivision 5 of section 366 of the social services law, as amended by
5 section 14 of part MM of chapter 56 of the laws of 2020, is amended to
6 read as follows:
7 In determining the medical assistance eligibility of an institutional-
8 ized individual, any transfer of an asset by the individual or the indi-
9 vidual's spouse for less than fair market value made within or after the
10 look-back period shall render the individual ineligible for nursing
11 facility services for the period of time specified in subparagraph five
12 of this paragraph. [In determining the medical assistance eligibility of
13 a non-institutionalized individual, any transfer of an asset by the
14 individual or the individual's spouse for less than fair market value
15 made within or after the look-back period shall render the individual
16 ineligible for community based long term care services for the period of
17 time specified in subparagraph five of this paragraph.] For purposes of
18 this paragraph:
19 § 3. Clause (vi) of subparagraph 1 of paragraph (e) of subdivision 5
20 of section 366 of the social services law, as amended by section 13 of
21 part MM of chapter 56 of the laws of 2020, is amended to read as
22 follows:
23 (vi) "look-back period" means the sixty-month period immediately
24 preceding the date that an institutionalized individual is both institu-
25 tionalized and has applied for medical assistance[, or in the case of a
26 non-institutionalized individual, subject to federal approval, the thir-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10787-01-3
A. 9278 2
1 ty-month period immediately preceding the date that such non-institu-
2 tionalized individual applies for medical assistance coverage of long
3 term care services. Nothing herein precludes a review of eligibility for
4 retroactive authorization for medical expenses incurred during the three
5 months prior to the month of application for medical assistance].
6 § 4. This act shall take effect immediately.
