STATE OF NEW YORK
________________________________________________________________________
2391
2023-2024 Regular Sessions
IN SENATE
January 20, 2023
___________
Introduced by Sen. RIVERA -- 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 medical assist-
ance to certain disabled individuals
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subparagraph 5 of paragraph (c) of subdivision 1 of section
2 366 of the social services law, as added by section 1 of part D of chap-
3 ter 56 of the laws of 2013, is amended to read as follows:
4 (5) A disabled individual at least sixteen years of age, but under the
5 age of sixty-five, who: would be eligible for benefits under the supple-
6 mental security income program but for earnings in excess of the allow-
7 able limit; has net available income that does not exceed two hundred
8 fifty percent of the applicable federal income official poverty line, as
9 defined and updated by the United States department of health and human
10 services, for a one-person or two-person household, as defined by the
11 commissioner in regulation; has household resources, as defined in para-
12 graph (e) of subdivision two of section three hundred sixty-six-c of
13 this title, other than retirement accounts, that do not exceed [twenty
14 thousand dollars for a one-person household or thirty thousand dollars
15 for a two-person household, as defined by the commissioner in regu-
16 lation] one hundred fifty percent of the income amount permitted under
17 subparagraph seven of paragraph (a) of subdivision two of this section,
18 for a one-person or two-person household, as defined by the commissioner
19 in regulation; and contributes to the cost of medical assistance
20 provided pursuant to this subparagraph in accordance with subdivision
21 twelve of section three hundred sixty-seven-a of this title; for
22 purposes of this subparagraph, disabled means having a medically deter-
23 minable impairment of sufficient severity and duration to qualify for
24 benefits under section 1902(a)(10)(A)(ii)(xv) of the social security
25 act.
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02416-01-3