Bill Text: NY A06743 | 2017-2018 | General Assembly | Introduced
Bill Title: Eliminates from income and resources considered for medical assistance eligibility, the corpus and income of a trust established by a disabled person for his or her own benefit and payable to the state upon his or her death to the extent of medical assistance benefits paid.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2017-08-21 - signed chap.187 [A06743 Detail]
Download: New_York-2017-A06743-Introduced.html
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. LBD10341-01-7A. 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.