# New York — Medicaid Estate Recovery Rules by State

For New York, what counts as the estate is all real and personal property and other assets included within the individual's estate and passing under the terms of a valid will or by intestacy; survivor protections is Any such adjustment or recovery shall be made only after the death of the individual's surviving spouse, if any, and only at a time when the individual has no surviving child who is under twenty-one years of age or is blind or permanently and totally disabled; undue hardship waiver is waived in cases of undue hardship, as determined pursuant to the regulations of the department in accordance with criteria established by the secretary of the federal department of health and human services; citation is N.Y. Soc. Serv. Law § 369, recorded from its source on 2026-09-01.

- **State:** New York _(our reading, not quoted from the source)_
- **What counts as the estate:** all real and personal property and other assets included within the individual's estate and passing under the terms of a valid will or by intestacy _(verified: appears in its own passage below)_
- **Survivor protections:** Any such adjustment or recovery shall be made only after the death of the individual's surviving spouse, if any, and only at a time when the individual has no surviving child who is under twenty-one years of age or is blind or permanently and totally disabled _(verified: appears in its own passage below)_
- **Undue hardship waiver:** waived in cases of undue hardship, as determined pursuant to the regulations of the department in accordance with criteria established by the secretary of the federal department of health and human services _(verified: appears in its own passage below)_
- **Citation:** N.Y. Soc. Serv. Law § 369 _(our reading, not quoted from the source)_

## What the source says

> (B) from the estate of an individual who was fifty-five years of age or older when he or she received such assistance, provided that for individuals whose eligibility for medical assistance was based on paragraph (b) of subdivision one of section three hundred sixty-six of this title, recovery shall be limited to medical assistance consisting of nursing facility services, home and community-based services, and related hospital and prescription drug services.

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### What counts as the estate

> 6. For purposes of this section, the term "estate" means all real and personal property and other assets included within the individual's estate and passing under the terms of a valid will or by intestacy.

### Survivor protections

> (ii) Any such adjustment or recovery shall be made only after the death of the individual's surviving spouse, if any, and only at a time when the individual has no surviving child who is under twenty-one years of age or is blind or permanently and totally disabled, provided, however, that nothing herein contained shall be construed to prohibit any adjustment or recovery for medical assistance furnished pursuant to subdivision three of section three hundred sixty-six of this chapter.

### Undue hardship waiver

> 5. The requirements of this section with respect to adjustments and recoveries of medical assistance correctly paid shall be waived in cases of undue hardship, as determined pursuant to the regulations of the department in accordance with criteria established by the secretary of the federal department of health and human services.

## Source

- https://www.nysenate.gov/legislation/laws/SOS/369

Last verified: 2026-09-01. Review by: 2027-09-01.
Part of [Medicaid Estate Recovery Rules by State](https://referencesource.org/medicaid-estate-recovery-rules-by-state/).