Bill Text: NY S00263 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires notice of potential liability for reimbursement of benefits paid to be given to applicants for medical assistance or family health care plus.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HEALTH [S00263 Detail]

Download: New_York-2015-S00263-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          263
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       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    S 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.
                                                                  LBD00801-01-5