BILL NUMBER: S6414
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the social services law, in relation to eliminating a
"look-back period" for home care for non-institutionalized Medicaid
applicants; and repealing certain provisions of such law relating there-
to
 
PURPOSE:
To eliminate a look-back period for home care for home health care Medi-
caid applicants.
 
SUMMARY OF PROVISIONS:
Section 1: repeals the definition of a non-institutionalized individual
Section 2: Removes the consideration of asset transfers for non-institu-
tionalized individuals for eligibility for community based long term
care service.
Section 3: Removes the 30 month period for non-institutionalized indi-
viduals in the definition of a look-back period.
Section 4: Sets the effective date
 
JUSTIFICATION:
The SFY 2020-21 enacted budget added a 30 month "look back" period for
home health care Medicaid applicants. A look back period is a duration
of time during which the government reviews an individual's financial
transactions to determine whether they have transferred assets for less
than fair market value in order to qualify for Medicaid coverage for
long-term care. Look back periods had never applied to home health care
previous to the SFY 2020-21 enacted budget provision, and the change
makes it more difficult for seniors to be eligible for Medicaid and
homecare.
Prior to the look back period requirement, health care Medicaid approval
was much faster, which is vital for senior citizens and those with disa-
bilities since home care agencies cannot provide free care while appli-
cants wait extended periods of time for Medicaid approval. Around the
clock home care can cost as much as a nursing home, which will push more
people into nursing homes where at least care will start immediately.
This bill will repeal the look back period for home health care Medicaid
applicants so that older adults and people with disabilities will not
find themselves unnecessarily locked out of services that would protect
them in their homes and keep them safe from unnecessary institutionali-
zation.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S6414: 366 social services law, 366(5) social services law