N.Y. Social Services Law § 458-d: Medical subsidy

§ 458-d. Medical subsidy. 1. Any child with respect to whom federally

reimbursable kinship guardianship assistance payments are made under

this title is eligible for medical assistance under title XIX of the

federal social security act.

2. In addition, a social services official shall make payments for the

cost of care, services and supplies payable under the state's program of

medical assistance for needy persons provided to any child for whom

kinship guardianship assistance payments are being made under this title

who is not eligible for medical assistance under subdivision one of this

section and for whom the relative or successor guardian is unable to

obtain appropriate and affordable medical coverage through any other

available means, regardless of whether the child otherwise qualifies for

medical assistance for needy persons. Payments pursuant to this

subdivision shall be made only with respect to the cost of care,

services, and supplies which are not otherwise covered or subject to

payment or reimbursement by insurance, medical assistance or other

sources. Payments made pursuant to this subdivision shall only be made

if the relative or successor guardian applies to obtain such medical

coverage for the child from all available sources, unless the social

services official determines that the relative guardian has good cause

for not applying for such coverage; which shall include that appropriate

coverage is not available or affordable.

3. An application for payments under this section shall be made prior

to the issuance of letters of guardianship for the child. An approval of

an application for payments under this section shall not be subject to

annual review by the social services official, and such approval shall

remain in effect for as long as kinship guardianship assistance payments

are being made under this title for the child. Applications for such

payments shall be accepted prior to the issuance of letters of

guardianship of the child, and approval thereof may be granted

contingent upon such issuance.