STATE OF NEW YORK
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4917
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
___________
Introduced by Sen. DIAZ -- 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 requiring that
notice of potential liability be given to applicants for medical
assistance or 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. Section 369 of the social services law is amended by adding
2 a new subdivision 8 to read as follows:
3 8. (a) No recovery action pursuant to this section, sections one
4 hundred one, one hundred four and one hundred four-b, paragraph (a) of
5 subdivision three of section three hundred sixty-six, and paragraph (b)
6 of subdivision two of section three hundred sixty-seven-a of this chap-
7 ter shall be made unless the applicant has been informed, in writing,
8 that he or she may be liable to reimburse the state or the local depart-
9 ment for such medical assistance received or for benefits received
10 pursuant thereto.
11 (b) The written notice shall detail, in plain language, the conditions
12 under which the local department or local social services district may
13 impose any lien on the personal property or estate of a recipient of
14 medical assistance.
15 (c) The commissioner may provide such notice as part of the applica-
16 tion for medical assistance.
17 § 2. This act shall take effect on the one hundred eightieth day after
18 it shall have become a law; provided, that, effective immediately any
19 rules, regulations and forms necessary to implement the provisions of
20 this act are authorized and directed to be completed on or before such
21 date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07239-01-7