STATE OF NEW YORK
2021-2022 Regular Sessions
November 19, 2021
Introduced by M. of A. BURKE -- read once and referred to the Committee
AN ACT to amend the social services law, in relation to Medicaid eligi-
bility for striking workers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 366 of the social services law is
2 amended by adding a new paragraph (f) to read as follows:
3 (f) Employees on strike.
4 (1) Notwithstanding any other provision of law to the contrary,
5 persons who are not eligible for medical assistance coverage during an
6 employment strike or other industrial controversy pursuant to title
7 seven of article eighteen of the labor law are eligible for medical
8 assistance coverage during such employment strike or other industrial
9 controversy, subject to the provisions of this paragraph.
10 (2) Medical assistance provided to a person under this paragraph shall
11 be limited to the period in which such person requires coverage during
12 an employment strike or industrial controversy.
13 (3) (i) The commissioner of health shall promulgate such regulations
14 as may be necessary to carry out the provisions of this paragraph. Such
15 regulations shall include, but not be limited to: eligibility require-
16 ments; a description of the medical services which are covered; and a
17 process for providing presumptive eligibility when a qualified entity,
18 as defined by the commissioner, determines on the basis of preliminary
19 information that a person meets the requirements for eligibility under
20 this paragraph.
21 (ii) For purposes of determining eligibility for medical assistance
22 under this paragraph, resources available to such individual shall not
23 be considered nor required to be applied toward the payment or partial
24 payment of the cost of medical care, services and supplies available
25 under this paragraph.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 8500 2
1 (iii) An individual shall be eligible for presumptive eligibility for
2 medical assistance under this paragraph in accordance with subdivision
3 five of section three hundred sixty-four-i of this title.
4 § 2. This act shall take effect immediately.