2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 10 - (458-A - 458-F) KINSHIP GUARDIANSHIP ASSISTANCE PROGRAM
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  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  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.