New York Assembly Bill A00534 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 534 2023-2024 Regular Sessions  IN ASSEMBLY January 9, 2023 ___________ Introduced by M. of A. BRONSON, CLARK, LUNSFORD, FAHY -- read once and referred to the Committee on Health 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 benefits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 2803-bb to read as follows: 3 § 2803-bb. Notices regarding legal representation. 1. The operator of 4 a residential health care facility shall provide each resident and the 5 resident's designated representative, at the time of admission to the 6 facility, a notice, separate from the admission agreement but to be 7 acknowledged by the resident and the resident's designated represen- 8 tative at the same time as an admission agreement, which is typed or 9 printed using letters which are legible or of clear type no less than 10 twelve point in size, which provides as follows: 11 "YOU HAVE THE OPTION TO HIRE AN ATTORNEY TO ASSIST WITH APPLYING FOR 12 MEDICAID: New York State does not mandate that a Medicaid applicant 13 obtain the assistance of an attorney when completing the Medicaid appli- 14 cation. There are non-legal agencies and companies, including arms and 15 affiliates of hospitals and nursing homes, which may offer to prepare 16 and submit the Medicaid application for free or for a reduced fee. These 17 entities are not permitted to give legal advice or implement legal stra- 18 tegies that may best protect your interests, and they are not obligated 19 to advise you of your rights. Moreover, these entities may have 20 conflicts of interest. Relying on a non-legal service might expose you 21 and your family to unnecessary financial risk. You may, however, seek 22 the assistance of an attorney who is knowledgeable about elder law and 23 Medicaid eligibility rules. If you wish to identify such an attorney, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00502-01-3 
 A. 534 2 1 you may contact the State or local Bar Association attorney referral 2 service." 3 2. The operator of a residential health care facility shall prominent- 4 ly display the notice described in subdivision one of this section at 5 the facility and shall make a copy of such notice available at the same 6 time and in the same manner that a residency agreement is provided 7 pursuant to section twenty-eight hundred three-y of this article. 8 § 2. This act shall take effect on the ninetieth day after it shall 9 have become a law.