Relates to the date of enrollment in the child health insurance plan; establishes date of enrollment as the date of the child's birth, if the applicant for insurance applies prior to the child's birth or up to 60 days following the child's birth, or on the date the applicant for insurance applies for coverage if the application is made more than 60 days after the child's birth.
STATE OF NEW YORK
________________________________________________________________________
7155--B
2015-2016 Regular Sessions
IN ASSEMBLY
April 27, 2015
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported and
referred to the Committee on Ways and Means -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the public health law, in relation to the date of
enrollment in the child health insurance plan
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) of paragraph (g) of subdivision 2 of
2 section 2511 of the public health law, as amended by section 29 of part
3 A of chapter 58 of the laws of 2007, is amended to read as follows:
4 (i) Notwithstanding any inconsistent provision of law to the contrary
5 and subject to the availability of federal financial participation under
6 title XIX of the federal social security act, a child under the age of
7 nineteen shall be presumed to be eligible for subsidy payments and
8 temporarily enrolled for coverage under this title, once during a twelve
9 month period, beginning on the first day of the enrollment period
10 following the date that an approved organization determines, on the
11 basis of preliminary information, that a child's net household income
12 does not exceed the income level specified in title eleven of article
13 five of the social services law for children eligible for medical
14 assistance based on such child's age. Provided, however, in the case of
15 a newborn child, the eligibility for subsidy payments and temporary
16 enrollment shall be the date of the child's birth if the applicant for
17 insurance applied prior to the child's birth or within sixty days after
18 the child's birth, and an approved organization, or the state enrollment
19 center, determines, on the basis of preliminary information, that the
20 child's net household income does not exceed the income level specified
21 in this title for children eligible for premium subsidy under this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10056-11-5
A. 7155--B 2
1 title. The temporary enrollment period shall continue until the earlier
2 of the date an eligibility determination is made pursuant to this title
3 or title eleven of article five of the social services law, or two
4 months after the date temporary enrollment begins; provided however, a
5 temporary enrollment period may be extended in the event an eligibility
6 determination under this title or title eleven of article five of the
7 social services law is not made within such two month period through no
8 fault of the applicant for insurance for medical assistance. The commis-
9 sioner shall assure that children who are enrolled pursuant to this
10 paragraph receive the appropriate follow-up for a determination of
11 eligibility for benefits under this title or title eleven of article
12 five of the social services law prior to the termination of the tempo-
13 rary enrollment period. The commissioner shall assure that children and
14 their families are informed of all available enrollment sites in accord-
15 ance with subdivision nine of this section.
16 § 2. Section 2511 of the public health law is amended by adding a new
17 subdivision 5-b to read as follows:
18 5-b. Notwithstanding any law, rule or regulation to the contrary, and
19 except as provided in paragraph (g) of subdivision two of this section,
20 the effective date of coverage under this title shall be the date of the
21 child's birth if the applicant for insurance applied prior to the
22 child's birth or within sixty days after the child's birth.
23 § 3. This act shall take effect on January 1, 2016, provided, however,
24 that the amendments to paragraph (g) of subdivision 2 of section 2511 of
25 the public health law made by section one of this act shall not affect
26 the expiration of such paragraph and shall be deemed to expire therewith
27 and provided, further that subdivision 5-b of section 2511 of the public
28 health law as added by section two of this act shall expire and be
29 deemed repealed on the same date as paragraph (g) of subdivision 2 of
30 such section expires pursuant to chapter 2 of the laws of 1998, as
31 amended.
