Senate Bill S9224A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9224
 
                             I N  S E N A T E
 
                             February 17, 2026
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed 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:
 
   Section 1. The public health law is amended by adding  a  new  section
 2803-cc to read as follows:
   §  2803-CC. NOTICES REGARDING LEGAL REPRESENTATION. 1. THE OPERATOR OF
 A RESIDENTIAL HEALTH CARE FACILITY SHALL PROVIDE EACH RESIDENT  AND  THE
 RESIDENT'S  DESIGNATED  REPRESENTATIVE,  AT THE TIME OF ADMISSION TO THE
 FACILITY, A NOTICE, SEPARATE FROM THE  ADMISSION  AGREEMENT  BUT  TO  BE
 ACKNOWLEDGED  BY  THE  RESIDENT  AND THE RESIDENT'S DESIGNATED REPRESEN-
 TATIVE AT THE SAME TIME AS AN ADMISSION AGREEMENT,  WHICH  IS  TYPED  OR
 PRINTED  USING  LETTERS  WHICH ARE LEGIBLE OR OF CLEAR TYPE NO LESS THAN
 TWELVE POINT IN SIZE, WHICH PROVIDES AS FOLLOWS:
 "YOU HAVE THE OPTION TO HIRE AN ATTORNEY TO  ASSIST  WITH  APPLYING  FOR
 MEDICAID:  NEW  YORK  STATE  DOES  NOT MANDATE THAT A MEDICAID APPLICANT
 OBTAIN THE ASSISTANCE OF AN ATTORNEY WHEN COMPLETING THE MEDICAID APPLI-
 CATION. THERE ARE NON-LEGAL AGENCIES AND COMPANIES, INCLUDING  ARMS  AND
 AFFILIATES  OF  HOSPITALS  AND NURSING HOMES, WHICH MAY OFFER TO PREPARE
 AND SUBMIT THE MEDICAID APPLICATION FOR FREE OR FOR A REDUCED FEE. THESE
 ENTITIES ARE NOT PERMITTED TO GIVE LEGAL ADVICE OR IMPLEMENT LEGAL STRA-
 TEGIES THAT MAY BEST PROTECT YOUR INTERESTS, AND THEY ARE NOT  OBLIGATED
 TO  ADVISE  YOU  OF  YOUR  RIGHTS.  MOREOVER,  THESE  ENTITIES  MAY HAVE
 CONFLICTS OF INTEREST. RELYING ON A NON-LEGAL SERVICE MIGHT  EXPOSE  YOU
 AND  YOUR  FAMILY  TO UNNECESSARY FINANCIAL RISK. YOU MAY, HOWEVER, SEEK
 THE ASSISTANCE OF AN ATTORNEY WHO IS KNOWLEDGEABLE ABOUT ELDER  LAW  AND
 MEDICAID  ELIGIBILITY  RULES.  IF YOU WISH TO IDENTIFY SUCH AN ATTORNEY,
 YOU MAY CONTACT THE STATE OR LOCAL  BAR  ASSOCIATION  ATTORNEY  REFERRAL
 SERVICE."
   2. THE OPERATOR OF A RESIDENTIAL HEALTH CARE FACILITY SHALL PROMINENT-
 LY  DISPLAY  THE  NOTICE DESCRIBED IN SUBDIVISION ONE OF THIS SECTION AT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00366-04-6
 S. 9224                             2

 THE FACILITY AND SHALL MAKE A COPY OF SUCH NOTICE AVAILABLE AT THE  SAME
 TIME  AND  IN  THE  SAME  MANNER  THAT A RESIDENCY AGREEMENT IS PROVIDED
 PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE-Y OF THIS ARTICLE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.