S10135 Summary:
| BILL NO | S10135 |
| SAME AS | No Same As |
| SPONSOR | BOTTCHER |
| 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. | |
S10135 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 10135 IN SENATE April 30, 2026 ___________ Introduced by Sen. BOTTCHER -- 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: 25 (b) Pregnant women and children. 26 (1) A pregnant woman eligible for medical assistance under subpara- 27 graph two or four of paragraph (b) of subdivision one of this section on EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07433-01-5S. 10135 2 1 any day of [her] the pregnancy will continue to be eligible for such 2 care and services for a period of one year beginning on the last day of 3 pregnancy, without regard to any change in the income of the family that 4 includes the pregnant woman, even if such change otherwise would have 5 rendered [her] the woman ineligible for medical assistance. 6 (1-a) Notwithstanding any other provision of law, any child under the 7 age of six who is at any time determined to be eligible for medical 8 assistance, or who is a member of a family which was eligible for 9 medical assistance but became ineligible, shall remain continuously 10 eligible for medical assistance until the age of six and shall remain 11 continuously enrolled under section three hundred sixty-six-h of this 12 title. The department shall notify the parent or guardian of any child 13 under the age of six who is determined to be eligible for medical 14 assistance of the rights of such child to extended benefits under this 15 subparagraph. 16 (2) A child born to a woman eligible for and receiving medical assist- 17 ance on the date of the child's birth shall be deemed to have applied 18 for medical assistance and to have been found eligible for such assist- 19 ance on the date of such birth and to remain eligible for such assist- 20 ance for a period of [one year] five years, so long as the child is a 21 member of the woman's household [and the woman remains eligible for such22assistance or would remain eligible for such assistance if she were23pregnant]. 24 (3) (A) A child between the ages of six and nineteen who is determined 25 eligible for medical assistance under the provisions of this section, 26 shall, consistent with applicable federal requirements, remain eligible 27 for such assistance until the last day of the month which is twelve 28 months following the determination or renewal of eligibility for such 29 assistance. 30 (B) A child under the age of six who is determined eligible for 31 medical assistance under the provisions of this section, shall, consist- 32 ent with applicable federal requirements, remain continuously eligible 33 for medical assistance coverage until the later of: 34 (i) the last day of the twelfth month following the determination or 35 renewal of eligibility for such assistance; or 36 (ii) the last day of the month in which the child reaches the age of 37 six. 38 (4) An infant eligible under subparagraph two or four of paragraph (b) 39 of subdivision one of this section who is receiving medically necessary 40 in-patient services for which medical assistance is provided on the date 41 the child attains one year of age, and who, but for attaining such age, 42 would remain eligible for medical assistance under such subparagraph, 43 shall continue to remain eligible until the end of the stay for which 44 in-patient services are being furnished or until age six, whichever is 45 later. 46 (5) A child eligible under subparagraph three of paragraph (b) of 47 subdivision one of this section who is receiving medically necessary 48 in-patient services for which medical assistance is provided on the date 49 the child attains nineteen years of age, and who, but for attaining such 50 age, would remain eligible for medical assistance under this paragraph, 51 shall continue to remain eligible until the end of the stay for which 52 in-patient services are being furnished. 53 (6) A woman who was pregnant while in receipt of medical assistance 54 who subsequently loses [her] eligibility for medical assistance shall 55 have [her] eligibility for medical assistance continued for a period of 56 twenty-four months from the end of the month in which the sixtieth dayS. 10135 3 1 following the end of [her] the pregnancy occurs, but only for Federal 2 Title X services which are eligible for reimbursement by the federal 3 government at a rate of ninety percent; provided, however, that such 4 ninety percent limitation shall not apply to those services identified 5 by the commissioner as services, including treatment for sexually trans- 6 mitted diseases, generally performed as part of or as a follow-up to a 7 service eligible for such ninety percent reimbursement; and provided 8 further, however, that nothing in this paragraph shall be deemed to 9 affect payment for such Title X services if federal financial partic- 10 ipation is not available for such care, services and supplies. 11 § 4. Subdivision 2 of section 2511 of the public health law is 12 amended by adding a new paragraph (k) to read as follows: 13 (k) A child under the age of six who is at any time determined to be 14 eligible for coverage under this title, shall, subject to federal finan- 15 cial participation, remain continuously eligible for coverage through 16 the last day of the month in which the child reaches the age of six. The 17 department shall notify the parent or guardian of any child under the 18 age of six who is determined to be eligible for benefits under 19 this title of the rights of such child to extended benefits under this 20 paragraph. 21 § 5. The commissioner of health shall, to the extent necessary, submit 22 the appropriate waivers, including, but not limited to, those authorized 23 pursuant to section eleven hundred fifteen of the federal social securi- 24 ty act, or successor provisions, and any other waivers necessary to 25 achieve the purposes of this act necessary to secure federal funding. 26 § 6. This act shall take effect on the sixtieth day after it shall 27 have become a law.