Bill Text: NY A09227 | 2011-2012 | General Assembly | Introduced

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Bill Title: Limits the definition of "estate", for purposes of medical assistance, to all property and assets in an individual's estate and passing under a will or by intestacy.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2012-02-07 - referred to health [A09227 Detail]

Download: New_York-2011-A09227-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9227
                                 I N  A S S E M B L Y
                                   February 7, 2012
                                      ___________
       Introduced  by  M. of A. GOTTFRIED, GUNTHER -- read once and referred to
         the Committee on Health
       AN ACT to amend the social services law, in relation to  the  definition
         of "estate" for purposes of medical assistance for the needy
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 6 of section 369 of the social services law, as
    2  amended by section 53 of part H of chapter 59 of the laws  of  2011,  is
    3  amended to read as follows:
    4    6.  For  purposes of this section, [an individual's] THE TERM "estate"
    5  [includes] MEANS all [of the individual's] real  and  personal  property
    6  and  other  assets  INCLUDED  WITHIN THE INDIVIDUAL'S ESTATE AND passing
    7  under the terms of a valid will or  by  intestacy.  [Pursuant  to  regu-
    8  lations  adopted  by  the  commissioner,  which may be promulgated on an
    9  emergency basis, an individual's estate also includes any other property
   10  in which the individual has any legal title or interest at the  time  of
   11  death,  including  jointly  held  property,  retained  life estates, and
   12  interests in trusts, to the extent of such interests; provided, however,
   13  that a claim against a recipient of such  property  by  distribution  or
   14  survival  shall  be limited to the value of the property received or the
   15  amount of medical assistance benefits otherwise recoverable pursuant  to
   16  this  section,  whichever  is less. Nothing in this subdivision shall be
   17  construed as authorizing the department or a social services district to
   18  impose liens or make recoveries that  are  prohibited  by  federal  laws
   19  governing the medical assistance program.]
   20    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13814-01-2