Requires notice of potential liability to be given to applicants for medical assistance or family health care plus

2 Co-sponsors

• Ruth Hassell-Thompson
• Carl Kruger

Title of bill

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

Purpose or general idea of bill

Requires notice of potential liability to be given to applicants for medical assistance or family health care plus.

Summary of specific provisions

Section 1. Amends Section 369 of the social services law by adding a new subdivision 8 to require that no recovery action shall be made unless the applicant has been informed in writing that such applicant may be liable to reimburse the state or local department for benefits received through medical assistance or family health plus.

Specifies the requirements of the written notice.

States that the commissioner may provide such notice as part of the application for medical assistance.

Justification

Sylvia Bayron worked for an organization for twenty years which provided her with medical insurance coverage. During her employment she was diagnosed with cancer, was treated for her illness and returned back to work. Two years later Ms. Bayron was once again diagnosed with cancer, but her organization was closing their doors, no longer offering medical insurance coverage. This situation led her to apply for Medicaid. Sylvia Bayron's estate which only consists of a cooperative apartment valued at a little over $100,000 is indebted to the Department of Social Services of the City of New York for the public assistance granted in the form of Medicaid from January 4, 2001 through March 31, 2004 in the total amount of $243,542.23. Sylvia Bayron died on March 31, 2004 with the belief that she was leaving her daughter the cooperative apartment that she had worked hard for. People are not aware or given notification that if they apply for public assistance in a time of need, if they own property, they may be liable for repayment of the assistance given even after death.

Prior legislative history

New Bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, that, effective immediately any rules, regulations and forms necessary to implement the provisions of this act are authorized and directed to be completed on or before such date.