Bill Text: NY S06414 | 2023-2024 | General Assembly | Introduced

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Bill Title: Eliminates the "look-back period" for home care for non-institutionalized Medicaid applicants; repeals a certain provision of law relating thereto.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-06-07 - COMMITTED TO RULES [S06414 Detail]

Download: New_York-2023-S06414-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6414

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 18, 2023
                                       ___________

        Introduced  by  Sen. SKOUFIS -- 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  eliminating  a
          "look-back  period"  for  home care for non-institutionalized Medicaid
          applicants; and repealing certain  provisions  of  such  law  relating
          thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Clause (xi) of subparagraph 1 of paragraph (e) of  subdivi-
     2  sion 5 of section 366 of the social services law is REPEALED.
     3    §  2.  The  opening  paragraph  of  subparagraph 3 of paragraph (e) of
     4  subdivision 5 of section 366 of the social services law, as  amended  by
     5  section  14  of part MM of chapter 56 of the laws of 2020, is amended to
     6  read as follows:
     7    In determining the medical assistance eligibility of an institutional-
     8  ized individual, any transfer of an asset by the individual or the indi-
     9  vidual's spouse for less than fair market value made within or after the
    10  look-back period shall render  the  individual  ineligible  for  nursing
    11  facility  services for the period of time specified in subparagraph five
    12  of this paragraph. [In determining the medical assistance eligibility of
    13  a non-institutionalized individual, any transfer  of  an  asset  by  the
    14  individual  or  the  individual's spouse for less than fair market value
    15  made within or after the look-back period shall  render  the  individual
    16  ineligible for community based long term care services for the period of
    17  time  specified in subparagraph five of this paragraph.] For purposes of
    18  this paragraph:
    19    § 3. Clause (vi) of subparagraph 1 of paragraph (e) of  subdivision  5
    20  of  section  366 of the social services law, as amended by section 13 of
    21  part MM of chapter 56 of the  laws  of  2020,  is  amended  to  read  as
    22  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10787-01-3
        S. 6414                             2

     1    (vi)  "look-back  period"  means  the  sixty-month  period immediately
     2  preceding the date that an institutionalized individual is both institu-
     3  tionalized and has applied for medical assistance[, or in the case of  a
     4  non-institutionalized individual, subject to federal approval, the thir-
     5  ty-month  period  immediately  preceding the date that such non-institu-
     6  tionalized individual applies for medical assistance  coverage  of  long
     7  term care services. Nothing herein precludes a review of eligibility for
     8  retroactive authorization for medical expenses incurred during the three
     9  months prior to the month of application for medical assistance].
    10    § 4. This act shall take effect immediately.