NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3350A
SPONSOR: Bronson
 
PURPOSE:
This legislation would ensure that adequate notice is provided to resi-
dents of nursing homes and their designated representatives, that they
have the option of hiring legal representation to assist with applying
for Medicaid benefits. The federal and state rules regarding Medicaid
eligibility change regular, and without benefiting from the legal exper-
tise of a professional focused in this area of law, it could result in
inappropriate denials, delays accessing care, or other financial conse-
quences for the applicant. Providing a notice to residents and their
representative would ensure that they understand that legal assistance
may be beneficial when preparing a Medicaid application.
 
SUMMARY OF PROVISIONS:
Section 1 establishes the notice requirement
Section 2 sets the effective date
 
JUSTIFICATION:
Current law does not provide adequate notice to nursing home residents
and their representatives that they have the opportunity to seek legal
representation when applying for Medicaid nursing home benefits.
 
LEGISLATIVE HISTORY:
A534 of 2023-24: referred to Health
A4576 of 2021-22: referred to Health
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect 90 days after becoming law.
STATE OF NEW YORK
________________________________________________________________________
3350--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 27, 2025
___________
Introduced by M. of A. BRONSON, CLARK, LUNSFORD -- read once and
referred to the Committee on Health -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public health law, in relation to educating nursing
home residents about the role of legal counsel in applying for Medi-
caid and Medicare benefits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 2803-c of the public health law is
2 amended by adding a new paragraph s to read as follows:
3 s. A statement, regarding the patient's right to seek legal assistance
4 when applying for Medicaid and/or Medicare.
5 § 2. This act shall take effect on the ninetieth day after it shall
6 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00366-02-5