What's happening
This bill requires applicants for medical assistance or Family Health Plus in New York to receive written notice of potential financial liability and lien conditions.
Why it matters
Improves transparency for applicants. By mandating written notice about potential financial liability and lien conditions, this bill ensures that people applying for medical assistance or Family Health Plus are clearly informed about the risk of having to repay benefits or having a lien placed on their property or estate.
Empowers informed decision-making. Applicants will receive details in plain language, helping them better understand the long-term consequences of enrolling in these programs, and allowing them to weigh their options or seek legal/financial advice as needed.
Limits government recovery actions. The state and local departments cannot attempt to recover costs or impose liens unless proof exists that the applicant received the required written notice, offering additional protections to recipients against unexpected financial claims.
Standardizes notification procedures. By authorizing the commissioner to include the notice as part of the application process, the bill aims to make compliance uniform across the state, reducing confusion for both applicants and administrators.
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Who cares
Headline styles
Warn Medicaid Applicants of Liability
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4917
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
Introduced by Sen. DIAZ -- 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 requiring that notice of potential liability be given to applicants for medical assistance or the family health plus program
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 369 of the social services law is amended by adding a new subdivision 8 to read as follows:
8. (a) No recovery action pursuant to this section, sections one hundred one, one hundred four and one hundred four-b, paragraph (a) of subdivision three of section three hundred sixty-six, and paragraph (b) of subdivision two of section three hundred sixty-seven-a of this chapter shall be made unless the applicant has been informed, in writing, that he or she may be liable to reimburse the state or the local department for such medical assistance received or for benefits received pursuant thereto.
(b) The written notice shall detail, in plain language, the conditions under which the local department or local social services district may impose any lien on the personal property or estate of a recipient of medical assistance.
(c) The commissioner may provide such notice as part of the application for medical assistance.
§ 2. 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07239-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 the Social Services Law, section 369 by adding a new subdivision 8. Requires that an applicant for Medical Assistance and Family Health Care Plus shall be fully informed in writing that such applicant may be liable to reimburse the state or the local social services department for such medical assistance received or for benefits received pursuant thereto. Provides that the written notice shall describe the conditions under which the department or local social services district may impose a lien. States that the commissioner may provide such notices as part of the application for medical assistance.
Section 2. Effective Date
Existing law
None
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 consisted 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
2016: S.263 - REFERRED TO HEALTH 2015: S.263 - REFERRED TO HEALTH 2014: S.443 - Referred to Health 2013: S.443 - Referred to Health 2012: S.294- Notice of Committee Consideration Requested, Committee Discharged and Referred to Rules/A.9987 - Referred to Social Services 2011: S.294- Notice of Committee Consideration Requested
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.