S 1758: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 1758 2025-2026 Regular Sessions  IN SENATE January 13, 2025 ___________ Introduced by Sen. PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Health 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 receiving benefits as an unmarried individual and as a result 14 of getting married would no longer be eligible to receive such benefits. 15 § 2. Subdivision 12 of section 367-a of the social services law, as 16 amended by section 42 of part B of chapter 57 of the laws of 2015, is 17 amended to read as follows: 18 12. (a) Prior to receiving medical assistance under subparagraphs five 19 and six of paragraph (c) of subdivision one of section three hundred 20 sixty-six of this title, a person whose net available income is at least 21 one hundred fifty percent of the applicable federal income official 22 poverty line, as defined and updated by the United States department of 23 health and human services, must pay a monthly premium, in accordance 24 with a procedure to be established by the commissioner. The amount of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04685-01-5 
 S. 1758 2 1 such premium shall be twenty-five dollars for an individual who is 2 otherwise eligible for medical assistance under such subparagraphs, and 3 fifty dollars for a couple, both of whom are otherwise eligible for 4 medical assistance under such subparagraphs. No premium shall be 5 required from a person whose net available income is less than one 6 hundred fifty percent of the applicable federal income official poverty 7 line, as defined and updated by the United States department of health 8 and human services. 9 (b) Any unmarried individual who is receiving medical assistance under 10 subparagraphs five and six of paragraph (c) of subdivision one of 11 section three hundred sixty-six of this title at the time such unmarried 12 individual becomes a married individual shall continue to pay the month- 13 ly premium individual rate, if such unmarried individual marries an 14 individual who is otherwise not eligible for medical assistance under 15 such subparagraphs, so long as such individual continues to satisfy the 16 necessary criteria described in such subparagraphs as if such individual 17 were an unmarried individual. 18 § 3. The social services law is amended by adding a new section 366-j 19 to read as follows: 20 § 366-j. Retention of disability benefits for certain married individ- 21 uals. Notwithstanding any law, rule or regulation to the contrary, any 22 unmarried individual who is entitled to and currently receiving medical 23 assistance benefits under this title based on a disability, who would 24 become ineligible to continue receiving such medical assistance benefits 25 if such unmarried individual were married, shall remain eligible for 26 such benefits if such unmarried individual chooses to marry so long as 27 such individual continues to satisfy the criteria to be eligible for 28 such benefits as if such individual were an unmarried individual. 29 § 4. This act shall take effect immediately.