What's happening
This bill clarifies that, for Medicaid eligibility, the date of property transfer is when the deed is filed with the county clerk.
Why it matters
Provides clear guidance on when property transfers "count" for Medicaid eligibility. By specifying that the transfer date is when the deed is filed with the county clerk, this bill reduces ambiguity and potential disputes over the timing of resource transfers, which can directly impact eligibility during the Medicaid "look back" period.
Could affect planning strategies for individuals seeking Medicaid. Individuals and families often transfer property as part of long-term care planning. This clarification means that simply signing a deed is not enough; the actual filing date with the county clerk will determine if the transfer falls within the look-back period, possibly altering planning timelines.
May influence how local governments and attorneys process real estate transactions. The bill's language puts added importance on the timely filing of deeds, potentially speeding up or changing the way property transfers are processed to ensure intended Medicaid eligibility outcomes.
Aims to standardize Medicaid eligibility reviews across New York State. By establishing a uniform rule for the transfer date, the bill helps ensure consistent application of Medicaid eligibility rules, possibly reducing administrative errors and appeals related to the timing of property transfers.
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History
- Held for consideration in health
- Referred to health
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6337
2017-2018 Regular Sessions
IN ASSEMBLY
March 2, 2017
Introduced by M. of A. FINCH, BUTLER, KOLB -- read once and referred to the Committee on Health
AN ACT to amend the social services law, in relation to determining the "look back" period for medical assistance eligibility
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 5 of section 366 of the social services law, as amended by section 25 of part C of chapter 109 of the laws of 2006, is amended to read as follows:
(a) In determining the initial or continuing eligibility of any person for assistance under this title, there shall be included in the amount of resources considered available to such person the uncompensated value of any resource transferred prior to the date of application for medical assistance as specified in paragraphs (b), (c), (d) and (e) of this subdivision, and such person shall be ineligible for such assistance for such period or periods as specified in this subdivision. For the purposes of determining medical assistance eligibility, the date of transfer, shall be deemed as the date in which the certificate of real property transfer is filed with the clerk in the county where such transaction has occurred.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00781-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.