STATE OF NEW YORK
________________________________________________________________________
4881--B
Cal. No. 1346
2023-2024 Regular Sessions
IN SENATE
February 16, 2023
___________
Introduced by Sens. CLEARE, WEBB -- read twice and ordered printed, and
when printed to be committed to the Committee on Health -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Health in accord-
ance with Senate Rule 6, sec. 8 -- reported favorably from said
committee, ordered to first and second report, amended on second
report, ordered to a third reading, and to be reprinted as amended,
retaining its place in the order of third reading
AN ACT to amend the social services law, in relation to increasing the
amount of the savings exemption for eligibility for Medicaid
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subparagraph 4 of paragraph (a) of subdivision 2 of section
2 366 of the social services law, as amended by section 43 of part C of
3 chapter 58 of the laws of 2008, is amended to read as follows:
4 (4) savings in amounts equal to [one hundred fifty percent of the
5 income amount permitted under subparagraph seven of this paragraph,
6 provided, however, that the amounts for one and two person households
7 shall not be less than the amounts permitted to be retained by house-
8 holds of the same size in order to qualify for benefits under the feder-
9 al supplemental security income program] three hundred thousand dollars;
10 § 1-a. Subparagraph 4 of paragraph (a) of subdivision 2 of section 366
11 of the social services law, as amended by section 3 of part AAA of chap-
12 ter 56 of the laws of 2022, is amended to read as follows:
13 (4) savings in amounts equal to [one hundred fifty percent of the
14 income amount permitted under subparagraph seven of this paragraph,
15 provided, however, that the amounts for one and two person households
16 shall not be less than the amounts permitted to be retained by house-
17 holds of the same size in order to qualify for benefits under the feder-
18 al supplemental security income program] three hundred thousand dollars;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09634-04-4
S. 4881--B 2
1 § 2. Subparagraph 5 of paragraph (c) of subdivision 1 of section 366
2 of the social services law, as amended by chapter 583 of the laws of
3 2023, 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 [one
14 hundred fifty percent of the income amount permitted under subparagraph
15 seven of paragraph (a) of subdivision two of this section, for a one-
16 person or two-person household] three hundred thousand dollars, as
17 defined by the commissioner in regulation; and contributes to the cost
18 of medical assistance provided pursuant to this subparagraph in accord-
19 ance with subdivision twelve of section three hundred sixty-seven-a of
20 this title; for purposes of this subparagraph, disabled means having a
21 medically determinable impairment of sufficient severity and duration to
22 qualify for benefits under section 1902(a)(10)(A)(ii)(xv) of the social
23 security act.
24 § 3. This act shall take effect January 1, 2025; provided, however,
25 that if section 3 of part AAA of chapter 56 of the laws of 2022 shall
26 not have taken effect on or before such date then section one-a of this
27 act shall take effect on the same date and in the same manner as such
28 section, takes effect; and provided, further, that the effectiveness of
29 sections one and two of this act shall be subject to federal financial
30 participation; provided, further, however, that the commissioner of
31 health shall notify the legislative bill drafting commission upon the
32 occurrence of federal financial participation in order that the commis-
33 sion may maintain an accurate and timely effective data base of the
34 official text of the laws of the state of New York in furtherance of
35 effectuating the provisions of section 44 of the legislative law and
36 section 70-b of the public officers law. Effective immediately, the
37 addition, amendment and/or repeal of any rule or regulation necessary
38 for the implementation of this act on its effective date are authorized
39 to be made and completed on or before such effective date.