IN THE MATTER OF RICHARD GLOSENGER v. CESAR PERALES, IN HIS CAPACITY AS
COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES, ET AL.
83 N.Y.2d 984 (1994).
July 5, 1994
3 No. 124 (1994 NY Int. 137)
Decided July 5, 1994
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
MEMORANDUM:
The order of the Appellate Division should be modified, without costs,
by dismissing the petition in its entirety and, as so modified,
affirmed.
Petitioner, age 60 and disabled, had monthly income in 1991 of
$763.80, consisting primarily of SSI disability benefits. Petitioner's
income was the sole means of support for himself and his wife, then 58
years old and not disabled, who had no income of her own. Petitioner
also received Medicaid coverage; his monthly income less applicable
disregards--$710.90--fell below the Medicaid eligibility standard for
a two-person household of $716.66 per month.
Pursuant to Social Services Law § 366(2)(a)(7), respondent Department
of Social Services promulgated 18 NYCRR 360-4.2(b) effective May 31,
1991, which provides that an ineligible spouse living with a Medicaid
applicant not be counted as part of the Medicaid household in
determining eligibility unless the spouse is aged, blind or disabled,
or has income equal to or greater than the difference between the
medically-needy income standard for a one- and two-person
household.(n1) Known as an "income-deeming" provision, the
regulation deems certain income of the ineligible spouse to be
available for the support of the medically-needy spouse in determining
Medicaid eligibility. Households with two incomes are compared to the
two-person income standard, and those with one income are compared to
the one-person income standard.
Accordingly, petitioner was informed by Chemung County DSS that his
Medicaid eligibility would thereafter be determined according to the
income standard for a household of one, not two. Because petitioner's
net income exceeded the income standard for a one-person
household--$500--he was thus rendered ineligible for Medicaid unless
SNIPPETS:
COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES,
This memorandum is uncorrected and subject to revision before publication in the New York
Petitioner, age 60 and disabled, had monthly income in 1991 of $763.80, consisting primarily
Petitioner's income was the sole means of support for himself and his wife, then 58 years old
Petitioner also received Medicaid coverage; his monthly income less applicable
Pursuant to Social Services Law § 366, respondent Department of Social Services promulgated
ovision, the regulation deems certain income of the ineligible spouse to be available for the
Households with two incomes are compared to the two-person income standard, and those with
Because petitioner's net income exceeded the income standard for a one-person
We reject petitioner's contention that 18 NYCRR 360-4.2 violates Federal or State law and
Petitioner's reliance on 42 CFR 435.811, providing that "a Medicaid agency must use an income
An income- deeming provision, such as the one at issue here, is a methodology, not an income
Indeed, addressing a similar challenge to New York's Medicaid eligibility requirements in
The difference between an income standard and a methodology recognized in Camacho was
A methodology is considered to be no more restrictive if, by its use, additional individuals
eligibility for Medicaid must be determined with reference to the number of family members in
The Federal Medicaid regulations provide that the income or resource methodology used must be
As petitioner only claims that he is treated less favorably than SSI recipients who qualify
We further reject petitioner's claim that the regulation violates the guarantee of equal
Because it neither impinges on a fundamental right nor discriminates against a suspect class,
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