New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter B - Public Assistance
Article 2 - Determination of Eligibility-Categorical
Part 360 - MEDICAL ASSISTANCE
Subpart 360-3 - ELIGIBILITY REQUIREMENTS
Section 360-3.4 - Who is excluded from receiving MA

Universal Citation: 18 NY Comp Codes Rules and Regs § 360-3.4

Current through Register Vol. 47, No. 12, March 26, 2025

(a) A person may not receive MA if he/she is:

(1) a resident of a public institution, as defined in section 360-1.4(1) of this Part unless the public institution is:
(i) an emergency shelter for the homeless, in which case MA is available:
(a) to persons eligible for or receiving HR; and

(b) to medically needy aged, certified blind or certified disabled applicants/recipients for up to six months in any period of nine consecutive months;

(ii) a home for adults operated by a social services district; or

(iii) a residential care center for adults operated by or certified by the Office of Mental Health;

(2) a patient in an institution for mental diseases unless he/she is:
(i) 65 years of age or older; or

(ii) under 22 years of age and receiving inpatient psychiatric services which began before he/she reached age 21; or

(3) a person who is ineligible for public assistance because he/she refused to comply with work requirements, including persons described in section 360- 3.3(a)(1) and (b)(7) of this Subpart.

(b) A person on conditional release or convalescent leave from an institution for mental diseases is not considered a patient in that institution, unless he/she is under the age of 22 and was receiving inpatient psychiatric services. In that case, he/she will be considered a patient until he/she is unconditionally released or reaches the age of 22, whichever is earlier.

(c) When a social services district, as an agent of the department, receives from the State Department of Correctional Services an MA application on behalf of a prison inmate who meets the conditions for medical parole under section 259-r of the Executive Law, the social services district must determine the inmate's eligibility for MA prior to the inmate's release. However, the inmate will not be eligible to receive MA until after his or her release from prison.

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