New York Consolidated Laws, Social Services Law - SOS § 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.  1

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.