Authorizes Medicaid coverage to a disabled person attending an out-of-state college or university who is in need of continuous medical care and is a domiciliary of the state of New York; authorizes continuous coverage for services and care such person received while in-state; requires persons eligible for the provisions of this section must show proof of enrollment every semester.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3139
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the social services law, in relation to authorizing
Medicaid coverage to disabled persons attending an out-of-state college
or university who are in need of continuous medical care
PURPOSE:
This bill ensures that disabled New York State residents who receive
Medicaid health insurance can continue to receive such benefits while
they are furthering their education at out-of-state colleges and univer-
sities.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 366 of the social services law by adding new
subdivision 16.
Section two sets forth the effective date.
JUSTIFICATION:
Disabled New Yorkers seeking to enroll in institutions of higher learn-
ing face additional impediments to finding an appropriate location to
study. These choices could be expanded if those eligible for Medicaid
payments could continue to receive these benefits while enrolled in an
out-of-state academic institution. As legal New York State residents,
the relatively few students this would apply to should be allowed to
pursue their education unrestricted.
LEGISLATIVE HISTORY:
2023-24: A.1450 - Referred to Health
2021-22: A.3702 - Referred to Health
2019-20: A.2801 - Referred to Health
2017-18: A.2211 - Referred to Health
2015-16: A.538 - Referred to Health
2013-14: A.346 - Referred to Health
2011-12: A.5178 - Referred to Health
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This bill shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
3139
2025-2026 Regular Sessions
IN ASSEMBLY
January 23, 2025
___________
Introduced by M. of A. ROSENTHAL, WEPRIN -- read once and referred to
the Committee on Health
AN ACT to amend the social services law, in relation to authorizing
Medicaid coverage to disabled persons attending an out-of-state
college or university who are in need of continuous medical care
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 366 of the social services law is amended by
2 adding a new subdivision 17 to read as follows:
3 17. (a) Notwithstanding any inconsistent provisions of this chapter or
4 any other provision of law to the contrary, a disabled person shall be
5 eligible for medical assistance where such disabled person is attending
6 a college or university outside of the state and such person requires
7 continuous medical care and is a domiciliary of the state of New York.
8 (b) Disabled persons shall continue to receive medical assistance for
9 services and care they received while in the state if such services and
10 care are needed while attending an out-of-state college or university.
11 (c) Persons eligible for the provisions of this subdivision shall
12 provide to their local department of social services, proof of enroll-
13 ment every semester in the out-of-state college or university.
14 (d) For purposes of this subdivision:
15 (1) "Domiciliary" shall mean a person whose domicile is within the
16 state of New York.
17 (2) "Domicile" shall mean a fixed, permanent and principal home to
18 which a person wherever temporarily located always intends to return.
19 § 2. This act shall take effect on the ninetieth day after it shall
20 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06313-01-5
