360-3.4 Who is excluded from receiving MA.
(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(l), 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.
Revision (07/14/93 subd. (c) added.)