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I. PURPOSE
This Administrative Directive advises social services districts about
changes in the Medical Assistance (MA) eligibility requirements which
were enacted by Chapter 938 of the Laws of 1990. Pursuant to Chapter
938, resource exemption standards are being reduced and certain income
exemptions are being eliminated. In addition, the method for
determining household size is revised for Supplemental Security Income
(SSI)-related adult applicants/recipients (A/Rs).
This Administrative Directive also advises social services districts
of actions to be taken as a result of the Doe v. Perales litigation in
Federal District Court for the Western District of New York. In
response to the Doe litigation, the Department will implement the
provisions of Chapter 938 relating to the change in the MA resource
level on a prospective basis, after verifying the current resources of
recipients and providing them with timely and adequate notice of any
reduction in or loss of benefits as a result of the change in the
resource level. In addition, the Department will implement this
provision of Chapter 938 with respect to new applicants only after it
has provided the Medical Advisory Committee (MAC) with an opportunity
to comment on the change and only after implementing regulations have
been promulgated.
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