New York S 1758: Allows for certain disability benefits to continue in the event an individual who is receiving such benefits gets married

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 Speaker Carl E. Heastie

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S01758 Summary:

BILL NOS01758A

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SAME ASSAME AS A02242-A

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SPONSORPERSAUD

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COSPNSRFAHY

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MLTSPNSR

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Amd §§366 & 367-a, add §366-j, Soc Serv L

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Allows for certain disability benefits to continue in the event an individual who is receiving such benefits gets married; provides that the marriage to another individual which would otherwise make an individual ineligible for certain disability benefits shall not be considered if such individual is already receiving disability benefits at the time of becoming married and continues to meet certain criteria.

Go to top S01758 Actions:

BILL NOS01758A

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01/13/2025REFERRED TO HEALTH

05/20/2025AMEND AND RECOMMIT TO HEALTH

05/20/2025PRINT NUMBER 1758A

01/07/2026REFERRED TO HEALTH

Go to topS01758 Committee&nbspVotes:

Go to topS01758 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01758 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1758--A

 2025-2026 Regular Sessions

 IN SENATE

 January 13, 2025
 ___________

 Introduced by Sens. PERSAUD, FAHY -- read twice and ordered printed, and
 when printed to be committed to the Committee on Health -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 AN ACT to amend the social services law, in relation to allowing for
 certain disability benefits to continue in the event an individual who
 is receiving such benefits gets married

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

 1 Section 1. Clause (iv) of subparagraph 5 of paragraph (a) of subdivi-
 2 sion 1 of section 366 of the social services law, as added by section 1
 3 of part D of chapter 56 of the laws of 2013, is amended to read as
 4 follows:
 5 (iv) Married couples. In the case of a married couple living together,
 6 each spouse will be included in the household of the other spouse,
 7 regardless of whether they expect to file a joint tax return under
 8 section six thousand thirteen of the internal revenue code or whether
 9 one spouse expects to be claimed as a tax dependent by the other spouse.
 10 Provided, however, that for purposes of eligibility determination under
 11 subparagraphs five and six of paragraph (c) of this subdivision, a
 12 spouse shall not be included in the household of the other spouse if one
 13 spouse is disabled and receiving benefits as an unmarried individual and
 14 as a result of getting married would no longer be eligible to receive
 15 such benefits. For purposes of this clause, disabled means having a
 16 medically determinable impairment of sufficient severity and duration
 17 to qualify for benefits under section 1902(a)(10)(A)(ii)(xv) of the
 18 Social Security Act.
 19 § 2. Subdivision 12 of section 367-a of the social services law, as
 20 amended by section 42 of part B of chapter 57 of the laws of 2015, is
 21 amended to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04685-03-5

 S. 1758--A 2

 1 12. (a) Prior to receiving medical assistance under subparagraphs five
 2 and six of paragraph (c) of subdivision one of section three hundred
 3 sixty-six of this title, a person whose net available income is at least
 4 one hundred fifty percent of the applicable federal income official
 5 poverty line, as defined and updated by the United States department of
 6 health and human services, must pay a monthly premium, in accordance
 7 with a procedure to be established by the commissioner. The amount of
 8 such premium shall be twenty-five dollars for an individual who is
 9 otherwise eligible for medical assistance under such subparagraphs, and
 10 fifty dollars for a couple, both of whom are otherwise eligible for
 11 medical assistance under such subparagraphs. No premium shall be
 12 required from a person whose net available income is less than one
 13 hundred fifty percent of the applicable federal income official poverty
 14 line, as defined and updated by the United States department of health
 15 and human services.
 16 (b) Any unmarried individual who is disabled and receiving medical
 17 assistance under subparagraphs five and six of parag