BILL NUMBER: S4786
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 clause (xi) of subparagraph 1 of paragraph (e) of
subdivision 5 of section 366 of the social law.
Section 2: Amends the opening paragraph of subparagraph 3 of paragraph
(e) of subdivision 5 of section 366 of the social services law, to
remove the consideration of asset transfers for non-institutionalized
individuals for eligibility for community-based long-term care service.
Section 3: Amends clause (vi) of subparagraph 1 of paragraph (e) of
subdivision 5 of section 366 of the social services law, to remove the
30-month period for non-institutionalized individuals in the definition
of a look-back period.
Section 4: Sets Effective Date
 
JUSTIFICATION:
The SFY 2020-21 budget enacted a 30-month "lookback" period for home
health care Medicaid applicants. During a lookback period, the govern-
ment reviews an individual's financial transactions to determine whether
they have transferred assets for less than fair market value to qualify
for Medicaid coverage for long-term care. Lookback periods had never
applied to home health care before the SFY 2020-21 budget provision, and
the change makes it more difficult for seniors to be eligible for Medi-
caid and home care.
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 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:
Senate
2023: S6414, Referred to Health
2024: S6414, Advanced to Third Reading
Assembly
2023: N/A
2024: A9278, Referred to Health
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S4786: 366 social services law, 366(5) social services law