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S06918 Summary:

BILL NOS06918
 
SAME ASNo Same As
 
SPONSORHOYLMAN-SIGAL
 
COSPNSR
 
MLTSPNSR
 
Amd §§366-h & 366, Soc Serv L; amd §2511, Pub Health L
 
Requires automatic continuous enrollment in medical assistance and child health plus for previously eligible children through age five.
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S06918 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6918
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 26, 2025
                                       ___________
 
        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Health
 
        AN ACT to amend the social services law and the public  health  law,  in
          relation  to automatic continuous enrollment in medical assistance and
          the child health insurance plan for children through age five

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. This act shall be known and may be cited as the "keep kids
     2  covered act".
     3    § 2. Section 366-h of the social services law, as amended  by  chapter
     4  121 of the laws of 2017, is amended to read as follows:
     5    § 366-h. Automated system; established. Notwithstanding any inconsist-
     6  ent provision of law or regulation, the commissioner of health shall, as
     7  soon  as  practicable,  establish  an  automated  system  to ensure that
     8  persons who meet the criteria for receipt of medical assistance benefits
     9  under paragraph (a) or (c), or a child under paragraph (b), of  subdivi-
    10  sion  four of section three hundred sixty-six of this title shall remain
    11  enrolled in the medical  assistance  program  without  interruption  and
    12  receive the benefits set forth according to paragraph (a), (b) or (c) of
    13  subdivision four of section three hundred sixty-six of this title. Pend-
    14  ing implementation of such automated system, such commissioner shall, in
    15  consultation  with  the  office  of temporary and disability assistance,
    16  undertake and continue efforts to educate local  departments  of  social
    17  services  about  the  measures  they  must  take  to ensure that medical
    18  assistance benefits are provided to persons eligible for  such  benefits
    19  under subdivision four of section three hundred sixty-six of this title.
    20    §  3.  Paragraph  (b)  of  subdivision  4 of section 366 of the social
    21  services law, as added by section 2 of part D of chapter 56 of the  laws
    22  of  2013, subparagraph 1  as amended by section 3 of part CCC of chapter
    23  56 of the laws of 2022, subparagraph 3 as amended by section 1 of part M
    24  of chapter 57 of the laws of 2024, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07433-01-5

        S. 6918                             2
 
     1    (b) Pregnant women and children.
     2    (1)  A  pregnant  woman eligible for medical assistance under subpara-
     3  graph two or four of paragraph (b) of subdivision one of this section on
     4  any day of [her] the pregnancy will continue to  be  eligible  for  such
     5  care  and services for a period of one year beginning on the last day of
     6  pregnancy, without regard to any change in the income of the family that
     7  includes the pregnant woman, even if such change  otherwise  would  have
     8  rendered [her] the woman ineligible for medical assistance.
     9    (1-a)  Notwithstanding any other provision of law, any child under the
    10  age of six who is at any time determined  to  be  eligible  for  medical
    11  assistance,  or  who  is  a  member  of  a family which was eligible for
    12  medical assistance but  became  ineligible,  shall  remain  continuously
    13  eligible  for  medical  assistance until the age of six and shall remain
    14  continuously enrolled under section three hundred  sixty-six-h  of  this
    15  title.  The  department shall notify the parent or guardian of any child
    16  under the age of six who  is  determined  to  be  eligible  for  medical
    17  assistance  of  the rights of such child to extended benefits under this
    18  subparagraph.
    19    (2) A child born to a woman eligible for and receiving medical assist-
    20  ance on the date of the child's birth shall be deemed  to  have  applied
    21  for  medical assistance and to have been found eligible for such assist-
    22  ance on the date of such birth and to remain eligible for  such  assist-
    23  ance  for  a  period of [one year] five years, so long as the child is a
    24  member of the woman's household [and the woman remains eligible for such
    25  assistance or would remain eligible for  such  assistance  if  she  were
    26  pregnant].
    27    (3) (A) A child between the ages of six and nineteen who is determined
    28  eligible  for  medical  assistance under the provisions of this section,
    29  shall, consistent with applicable federal requirements, remain  eligible
    30  for  such  assistance  until  the  last day of the month which is twelve
    31  months following the determination or renewal of  eligibility  for  such
    32  assistance.
    33    (B)  A  child  under  the  age  of  six who is determined eligible for
    34  medical assistance under the provisions of this section, shall, consist-
    35  ent with applicable federal requirements, remain  continuously  eligible
    36  for medical assistance coverage until the later of:
    37    (i)  the  last day of the twelfth month following the determination or
    38  renewal of eligibility for such assistance; or
    39    (ii) the last day of the month in which the child reaches the  age  of
    40  six.
    41    (4) An infant eligible under subparagraph two or four of paragraph (b)
    42  of  subdivision one of this section who is receiving medically necessary
    43  in-patient services for which medical assistance is provided on the date
    44  the child attains one year of age, and who, but for attaining such  age,
    45  would  remain  eligible  for medical assistance under such subparagraph,
    46  shall continue to remain eligible until the end of the  stay  for  which
    47  in-patient  services  are being furnished or until age six, whichever is
    48  later.
    49    (5) A child eligible under subparagraph  three  of  paragraph  (b)  of
    50  subdivision  one  of  this  section who is receiving medically necessary
    51  in-patient services for which medical assistance is provided on the date
    52  the child attains nineteen years of age, and who, but for attaining such
    53  age, would remain eligible for medical assistance under this  paragraph,
    54  shall  continue  to  remain eligible until the end of the stay for which
    55  in-patient services are being furnished.

        S. 6918                             3
 
     1    (6) A woman who was pregnant while in receipt  of  medical  assistance
     2  who  subsequently  loses  [her] eligibility for medical assistance shall
     3  have [her] eligibility for medical assistance continued for a period  of
     4  twenty-four  months  from the end of the month in which the sixtieth day
     5  following  the  end  of [her] the pregnancy occurs, but only for Federal
     6  Title X services which are eligible for  reimbursement  by  the  federal
     7  government  at  a  rate  of ninety percent; provided, however, that such
     8  ninety percent limitation shall not apply to those  services  identified
     9  by the commissioner as services, including treatment for sexually trans-
    10  mitted  diseases,  generally performed as part of or as a follow-up to a
    11  service eligible for such ninety  percent  reimbursement;  and  provided
    12  further,  however,  that  nothing  in  this paragraph shall be deemed to
    13  affect payment for such Title X services if  federal  financial  partic-
    14  ipation is not available for such care, services and supplies.
    15    §  4.    Subdivision  2  of  section  2511 of the public health law is
    16  amended by adding a new paragraph (k) to read as follows:
    17    (k) A child under the age of six who is at any time determined  to  be
    18  eligible for coverage under this title, shall, subject to federal finan-
    19  cial  participation,  remain  continuously eligible for coverage through
    20  the last day of the month in which the child reaches the age of six. The
    21  department shall notify the parent or guardian of any  child  under  the
    22  age  of  six who   is  determined  to  be  eligible  for  benefits under
    23  this title of  the rights of such child to extended benefits under  this
    24  paragraph.
    25    § 5. The commissioner of health shall, to the extent necessary, submit
    26  the appropriate waivers, including, but not limited to, those authorized
    27  pursuant to section eleven hundred fifteen of the federal social securi-
    28  ty  act,  or  successor  provisions,  and any other waivers necessary to
    29  achieve the purposes of this act necessary to secure federal funding.
    30    § 6. This act shall take effect on the sixtieth  day  after  it  shall
    31  have become a law.
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