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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8146
SPONSOR: Gonzalez-Rojas TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
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.
SUMMARY OF PROVISIONS:
Section 1 amends social services law section 366 subdivision 4 subpara-
graph 3 to amend the period of time for which a child is eligible for
receiving medical assistance from birth to age six.
Section 2 amends public health law section 2511 subdivision 2 to stipu-
late that a parent may enroll a child who is eligible for the medical
assistance under title eleven of article five of the social services law
if the child becomes eligible for it before age six.
Section 3 stipulates that the commissioner of health can submit the
appropriate waivers to secure federal financial participation.
Section 4 sets forth the effective date, which is on the sixtieth day
after it becomes law. It also stipulates that effective immediately, the
commissioner of health is authorized and directed to add, amend, and/or
repeal any rule or regulation and to take other actions reasonably
necessary to implement this act on such an effective date, including the
actions required under section three of this act.
JUSTIFICATION:
Even before the COVID-19 pandemic, thousands of children would be disen-
rolled from healthcare coverage due to administrative issues or a change
in their family's income. During the height of the pandemic, the Depart-
ment of Health and Human Services (H HS) responded by declaring a feder-
al Public Health Emergency (PHE) for COVID-19 under
Section 319 of the Public Health Service (PHS) Act, which allowed for
automatic continuous enrollment in healthcare. The declaration expired
on May 11, 2023 but the benefits of automatic enrollment for children
was clear.
Several states have submitted 1115 waiver applications asking for the
federal government to allow children who qualify for Medicaid and Child
Health Plus to stay enrolled until the age of six. Oregon has been
approved to do this. Washington and New Mexico are awaiting approval for
this. Of the almost 90 million people on Medicaid and the Children's
Health Insurance Program (CHIP) over 40 million are children. According
to Joan Alker, the executive director of Georgetown University Center
for Children and Families in "the fourth quarter of 20202 through the
first quarter of 222, the share of uninsured children in the U.S fell
from 6.7% to 3.7% as a result of the national declaration.
The Commonwealth Fund has found that gaps in coverage can also create
financial hardship. Even if just one family member is uninsured, the
whole family is exposed to incurring medical debt, placing their econom-
ic security at risk. Additionally, providing children with continuous
coverage leads to greater coverage rates which are associated with
better health, reduced school absenteeism, and higher academic achieve-
ment for children and, potentially, fewer lost work days and lower
medical debt for their parents.
This legislation would allow New York State to provide children with
health care from birth to age six on a continuous basis regardless of
changes in their household's income and provides flexibility to do so
via Medicaid or CHIP.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None determined.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law. Effective immediately, the commissioner of health is
authorized and directed to add, amend, and/or repeal any rule or regu-
lation and to take other actions reasonably necessary to implement this
act on such an effective date, including the actions required under
section three of this act.
STATE OF NEW YORK
________________________________________________________________________
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.
