Provides public health insurance coverage for children who are eligible for such coverage under the age of six to continue until they reach the age of six.
STATE OF NEW YORK
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8146
2023-2024 Regular Sessions
IN ASSEMBLY
October 13, 2023
___________
Introduced by M. of A. GONZALEZ-ROJAS -- read once and referred to the
Committee on Health
AN ACT to amend the social services law and the public health law, in
relation to ensuring continuity of public health insurance coverage to
children under six years of age
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph 3 of paragraph (b) of subdivision 4 of
2 section 366 of the social services law, as added by section 2 of part D
3 of chapter 56 of the laws of 2013, is amended to read as follows:
4 (3) A child under the age of nineteen who is determined eligible for
5 medical assistance under [the provisions of] this section, shall,
6 consistent with applicable federal requirements, remain eligible for
7 such assistance until the earlier of:
8 (i) for a child between ages six and nineteen, the last day of the
9 month which is twelve months following the determination or redetermi-
10 nation of eligibility for such assistance; or
11 (ii) the last day of the month in which the child reaches the age of
12 nineteen; or
13 (iii) for a child under the age of six:
14 (A) consistent with applicable federal requirements, the last day of
15 the month in which the child reaches the age of six;
16 (B) notwithstanding subclause (A) of this clause, a child may, at the
17 election of the child's parent or legally responsible adult, enroll in
18 the child health insurance plan under title one-a of article twenty-five
19 of the public health law if the child is eligible to enroll in such
20 plan.
21 § 2. Subdivision 2 of section 2511 of the public health law is amended
22 by adding a new paragraph (k) to read as follows:
23 (k) (i) A child who is under the age of six who is determined eligible
24 for coverage under this title, shall, subject to federal financial
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13390-01-3
A. 8146 2
1 participation, remain continuously eligible for coverage through the
2 last day of the month in which the child reaches the age of six.
3 (ii) Notwithstanding subparagraph (i) of this paragraph, a child may,
4 at the election of the child's parent or legally responsible adult,
5 enroll in the medical assistance program under title eleven of article
6 five of the social services law if the child becomes eligible for such
7 program before the age of six.
8 § 3. The commissioner of health shall, expeditiously and as necessary,
9 submit the appropriate waivers, including, but not limited to, those
10 authorized under section 1115, title XIX, or title XXI of the federal
11 social security act, or successor provisions, and any other waivers and
12 state plan amendments necessary to secure federal financial partic-
13 ipation under this act.
14 § 4. This act shall take effect on the sixtieth day after it shall
15 have become a law. Effective immediately, the commissioner of health is
16 authorized and directed to add, amend, and/or repeal any rule or regu-
17 lation and to take other actions reasonably necessary to implement this
18 act on such effective date, including the actions required under section
19 three of this act.