N.Y. SOS Law § 458-D

§ 458-d. Medical subsidy. 1. Any child with respect to whom federally\nreimbursable kinship guardianship assistance payments are made under\nthis title is eligible for medical assistance under title XIX of the\nfederal social security act.\n 2. In addition, a social services official shall make payments for the\ncost of care, services and supplies payable under the state's program of\nmedical assistance for needy persons provided to any child for whom\nkinship guardianship assistance payments are being made under this title\nwho is not eligible for medical assistance under subdivision one of this\nsection and for whom the relative or successor guardian is unable to\nobtain appropriate and affordable medical coverage through any other\navailable means, regardless of whether the child otherwise qualifies for\nmedical assistance for needy persons. Payments pursuant to this\nsubdivision shall be made only with respect to the cost of care,\nservices, and supplies which are not otherwise covered or subject to\npayment or reimbursement by insurance, medical assistance or other\nsources. Payments made pursuant to this subdivision shall only be made\nif the relative or successor guardian applies to obtain such medical\ncoverage for the child from all available sources, unless the social\nservices official determines that the relative guardian has good cause\nfor not applying for such coverage; which shall include that appropriate\ncoverage is not available or affordable.\n 3. An application for payments under this section shall be made prior\nto the issuance of letters of guardianship for the child. An approval of\nan application for payments under this section shall not be subject to\nannual review by the social services official, and such approval shall\nremain in effect for as long as kinship guardianship assistance payments\nare being made under this title for the child. Applications for such\npayments shall be accepted prior to the issuance of letters of\nguardianship of the child, and approval thereof may be granted\ncontingent upon such issuance.\n