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A09378 Summary:

BILL NOA09378
 
SAME ASNo Same As
 
SPONSORJensen
 
COSPNSR
 
MLTSPNSR
 
Add §664, Tax L; amd §§206 & 268-c, Pub Health L
 
Provides expanded enrollment through New York state of health through tax returns, and allows for enrollment through the New York state of health at any time for first-time enrollees.
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A09378 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9378
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 19, 2025
                                       ___________
 
        Introduced by M. of A. JENSEN -- read once and referred to the Committee
          on Ways and Means
 
        AN  ACT  to  amend the tax law and the public health law, in relation to
          providing expanded enrollment through New York state of health through
          tax returns; and to amend the public health law, in relation to allow-
          ing for enrollment through the New York state of health  at  any  time
          for first-time enrollees
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The tax law is amended by adding a new section 664 to  read
     2  as follows:
     3    §  664. Health marketplace eligibility. The commissioner shall require
     4  that all income tax returns allow the taxpayer to request, by checking a
     5  box, to be included on the return, that the department of health  review
     6  relevant  and  necessary  taxpayer data in order to provide the taxpayer
     7  with information related to their  eligibility  for  health  marketplace
     8  programs,  plans,  and available incentives. Adjacent to such box, there
     9  shall be a statement in prominent type, "IF  YOU  CHECK  THIS  BOX,  YOU
    10  AFFIRM  THAT  YOU ARE UNINSURED, DO NOT HAVE EMPLOYER-SPONSORED COVERAGE
    11  AVAILABLE, AND ARE (1) REQUESTING THAT THE STATE  DEPARTMENT  OF  HEALTH
    12  REVIEW  NECESSARY  PORTIONS  OF  YOUR  TAX  FILING, (2) USE SUCH DATA AS
    13  NECESSARY TO MAKE DETERMINATIONS AS  TO  YOUR  ELIGIBILITY  FOR  MEDICAL
    14  ASSISTANCE  (MEDICAID), THE BASIC HEALTH PLAN (ESSENTIAL PLAN), OR PLANS
    15  THROUGH THE NY STATE OF HEALTH AND AVAILABLE INCENTIVES, AND (3) CONTACT
    16  YOU TO PROVIDE SUCH ELIGIBILITY INFORMATION."
    17    § 2. Section 206 of the public health law is amended by adding  a  new
    18  subdivision 32 to read as follows:
    19    32.  The  commissioner shall create a program within the department to
    20  assist uninsured individuals without  employer-sponsored  coverage  with
    21  enrolling in health insurance coverage through state income tax filings.
    22  This program shall:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14134-01-5

        A. 9378                             2
 
     1    (a)  review  relevant and necessary taxpayer data authorized under the
     2  tax law within thirty days of receiving such authorization;
     3    (b)  contact  individuals  who  opt to have their tax filings reviewed
     4  within thirty days of such review;
     5    (c) determine whether an individual is eligible  for  medical  assist-
     6  ance, child health insurance plan, or basic health plan coverage;
     7    (d) upon determining an individual is eligible for medical assistance,
     8  child  health  insurance plan, or basic health plan coverage, offer such
     9  individuals an invitation to select a plan, provided that the individual
    10  does not have employer-sponsored coverage available; and
    11    (e) in the case of  individuals  ineligible  for  medical  assistance,
    12  child  health  insurance  plan, or basic health plan coverage, provide a
    13  referral to a navigator certified under subdivision fifteen  of  section
    14  two hundred sixty-eight-c of this article.
    15    § 3. Subdivision 5 of section 268-c of the public health law, as added
    16  by  section 2 of part T of chapter 57 of the laws of 2019, is amended to
    17  read as follows:
    18    5. Maintain enrollment periods in the best interest of qualified indi-
    19  viduals consistent with  federal  and  state  law.  Such  periods  shall
    20  include, but may not be limited to:
    21    (a)  allowing  special  enrollment at any time for currently uninsured
    22  individuals enrolling in the Marketplace for the first time who  do  not
    23  have employer-sponsored coverage available; and
    24    (b)  allowing  special enrollment for uninsured individuals who do not
    25  have employer-sponsored coverage available enrolling through the  estab-
    26  lished income tax return process.
    27    §  4. This act shall take effect on the first of January next succeed-
    28  ing the date on which it shall have become a law.
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