STATE OF NEW YORK
________________________________________________________________________
7262
2025-2026 Regular Sessions
IN ASSEMBLY
March 21, 2025
___________
Introduced by M. of A. BICHOTTE HERMELYN, LEVENBERG, SEAWRIGHT, EPSTEIN,
HYNDMAN, SIMON, LUCAS, ZACCARO, DAVILA, LUNSFORD -- read once and
referred to the Committee on Health
AN ACT to amend the social services law, in relation to medical assist-
ance eligibility of infants up to the age of three years
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs 2 and 3 of paragraph (b) of subdivision 1 of
2 section 366 of the social services law, as added by section 1 of part D
3 of chapter 56 of the laws of 2013, are amended to read as follows:
4 (2) A pregnant [woman] person or an infant younger than [one year]
5 three years of age is eligible for standard coverage if [his or her] the
6 MAGI household income does not exceed the MAGI-equivalent of two hundred
7 percent of the federal poverty line for the applicable family size,
8 which shall be calculated in accordance with guidance issued by the
9 secretary of the United States department of health and human services,
10 or an infant younger than [one year] three years of age who meets the
11 presumptive eligibility requirements of subdivision four of section
12 three hundred sixty-four-i of this title.
13 (3) A child who is at least [one year] three years of age but younger
14 than nineteen years of age is eligible for standard coverage if [his or
15 her] the MAGI household income does not exceed the MAGI-equivalent of
16 one hundred thirty-three percent of the federal poverty line for the
17 applicable family size, which shall be calculated in accordance with
18 guidance issued by the Secretary of the United States department of
19 health and human services, or a child who is at least [one year] three
20 years of age but younger than nineteen years of age who meets the
21 presumptive eligibility requirements of subdivision four of section
22 three hundred sixty-four-i of this title.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11074-01-5
A. 7262 2
1 § 2. Subparagraphs 2 and 4 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, are amended to read as follows:
4 (2) A child born to a [woman] gestational parent eligible for and
5 receiving medical assistance on the date of the child's birth shall be
6 deemed to have applied for medical assistance and to have been found
7 eligible for such assistance on the date of such birth and to remain
8 eligible for such assistance for a period of [one year] three years, so
9 long as the child is a member of the [woman's] gestational parent's
10 household and the [woman] gestational parent remains eligible for such
11 assistance or would remain eligible for such assistance if [she] the
12 gestational parent were pregnant.
13 (4) An infant eligible under subparagraph two or four of paragraph (b)
14 of subdivision one of this section who is receiving medically necessary
15 in-patient services for which medical assistance is provided on the date
16 the child attains [one year] three years of age, and who, but for
17 attaining such age, would remain eligible for medical assistance under
18 such subparagraph, shall continue to remain eligible until the end of
19 the stay for which in-patient services are being furnished.
20 § 3. This act shall take effect on the one hundred eightieth day after
21 it shall have become a law. Effective immediately, the commissioner of
22 health shall make regulations and take actions reasonably necessary to
23 implement this act on that date, including taking all steps necessary
24 and using best efforts to secure federal financial participation
25 for eligible beneficiaries under title XIX of the social security act,
26 for the purposes of this act, including the prompt submission of
27 appropriate amendments to the medical assistance state plan.
