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A6743Assembly2017-2018 SessionSame asS4779

Protect Disabled Persons’ Trust Funds

Official title

“Eliminates from income and resources considered for medical assistance eligibility, the corpus and income of a trust established by a disabled person for his or her own benefit”

Sponsor Didi BarrettAD-106+3 co-sponsorsAffects Health
Status
Signed by Governor
Impact
6/10
Moderate
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill allows disabled individuals under 65 to establish their own special needs trusts for Medicaid eligibility purposes.

Why it matters

  1. Empowers disabled individuals under 65. by allowing them to create their own special needs trusts, not just rely on a parent, grandparent, guardian, or court—giving them more control over their financial planning and independence.

  2. Removes a bureaucratic barrier. that previously forced disabled people to depend on others to set up trusts, potentially speeding up the process of securing Medicaid eligibility and reducing legal costs.

  3. Aligns state law with recent federal changes. (after the 21st Century Cures Act), helping New Yorkers avoid confusion or denial of benefits due to outdated rules, and ensuring that disabled residents have equal access to essential Medicaid protections.

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Who cares

Headline styles

Protect Disabled Persons’ Trust Funds

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Didi Barrett

Assembly Member · Assembly District 106

Chair, Energy

History

  1. Signed chap.187
  2. Delivered to governor
  3. Returned to assembly
  4. Passed senateVote 61–0
  5. 3rd reading cal.899
  6. Substituted for S4779
  7. Referred to health
  8. Delivered to senate
  9. Passed assembly
  10. Advanced to third reading cal.448
  11. Reported
  12. Reported referred to ways and means
Show 1 earlier action
  1. Referred to health

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S4779Senate

Protect Disabled Persons' Trusts

Senate Floor Calendar · Sponsor Kemp Hannon

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6743

2017-2018 Regular Sessions

IN ASSEMBLY

March 16, 2017

Introduced by M. of A. BARRETT, GOTTFRIED -- read once and referred to the Committee on Health

AN ACT to amend the social services law, in relation to the eligibility of disabled persons who are applicants for or recipients of medical assistance

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

Section 1. Clause (iii) of subparagraph 2 of paragraph (b) of subdivision 2 of section 366 of the social services law, as added by chapter 170 of the laws of 1994, subclause (B) as amended by chapter 656 of the laws of 1997, is amended to read as follows:

(iii) Notwithstanding the provisions of clauses (i) and (ii) of this subparagraph, in the case of an applicant or recipient who is disabled, as such term is defined in section 1614(a)(3) of the federal social security act, the department must not consider as available income or resources the corpus or income of the following trusts which comply with the provisions of the regulations authorized by clause (iv) of this subparagraph: (A) a trust containing the assets of such a disabled individual which was established for the benefit of the disabled individual while such individual was under sixty-five years of age by the individual, a parent, grandparent, legal guardian, or court of competent jurisdiction, if upon the death of such individual the state will receive all amounts remaining in the trust up to the total value of all medical assistance paid on behalf of such individual; (B) and a trust containing the assets of such a disabled individual established and managed by a non-profit association which maintains separate accounts for the benefit of disabled individuals, but, for purposes of investment and management of trust funds, pools the accounts, provided that accounts in the trust fund are established solely for the benefit of individuals who are disabled as such term is defined in section 1614(a)(3) of the federal social security act by such disabled individual, a parent, grandparent, legal

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD10341-01-7

A. 6743 2

guardian, or court of competent jurisdiction, and to the extent that amounts remaining in the individual's account are not retained by the trust upon the death of the individual, the state will receive all such remaining amounts up to the total value of all medical assistance paid on behalf of such individual. Notwithstanding any law to the contrary, a not-for-profit corporation may, in furtherance of and as an adjunct to its corporate purposes, act as trustee of a trust for persons with disabilities established pursuant to this subclause, provided that a trust company, as defined in subdivision seven of section one hundred-c of the banking law, acts as co-trustee.

§ 2. This act shall take effect immediately and shall apply to all trusts established on or after such effective date.

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.