STATE OF NEW YORK
________________________________________________________________________
7834--A
2023-2024 Regular Sessions
IN ASSEMBLY
July 7, 2023
___________
Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
tee on Health -- recommitted to the Committee on Health in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11843-03-4
A. 7834--A 2
1 of 2013, subparagraph 1 as amended by section 3 of part CCC of chapter
2 56 of the laws of 2022, is amended to read as follows:
3 (b) Pregnant women and children.
4 (1) A pregnant woman eligible for medical assistance under subpara-
5 graph two or four of paragraph (b) of subdivision one of this section on
6 any day of her pregnancy will continue to be eligible for such care and
7 services for a period of one year beginning on the last day of pregnan-
8 cy, without regard to any change in the income of the family that
9 includes the pregnant woman, even if such change otherwise would have
10 rendered her ineligible for medical assistance.
11 (1-a) Notwithstanding any other provision of law, any child under the
12 age of six who is at any time determined to be eligible for medical
13 assistance, or who is a member of a family which was eligible for
14 medical assistance but became ineligible, shall remain continuously
15 eligible for medical assistance until the age of six and shall remain
16 continuously enrolled under section three hundred sixty-six-h of this
17 title. The department shall notify the parent or guardian of any child
18 under the age of six who is determined to be eligible for medical
19 assistance of the rights of such child to extended benefits under this
20 subparagraph.
21 (2) A child born to a woman eligible for and receiving medical assist-
22 ance on the date of the child's birth shall be deemed to have applied
23 for medical assistance and to have been found eligible for such assist-
24 ance on the date of such birth and to remain eligible for such assist-
25 ance for a period of [one year] five years, so long as the child is a
26 member of the woman's household [and the woman remains eligible for such
27 assistance or would remain eligible for such assistance if she were
28 pregnant].
29 (3) A child over the age of six and under the age of nineteen who is
30 determined eligible for medical assistance under the provisions of this
31 section, shall, consistent with applicable federal requirements, remain
32 eligible for such assistance until the earlier of:
33 (i) the last day of the month which is twelve months following the
34 determination or redetermination of eligibility for such assistance; or
35 (ii) the last day of the month in which the child reaches the age of
36 nineteen.
37 (4) An infant eligible under subparagraph two or four of paragraph (b)
38 of subdivision one of this section who is receiving medically necessary
39 in-patient services for which medical assistance is provided on the date
40 the child attains one year of age, and who, but for attaining such age,
41 would remain eligible for medical assistance under such subparagraph,
42 shall continue to remain eligible until the end of the stay for which
43 in-patient services are being furnished or until age six, whichever is
44 later.
45 (5) A child eligible under subparagraph three of paragraph (b) of
46 subdivision one of this section who is receiving medically necessary
47 in-patient services for which medical assistance is provided on the date
48 the child attains nineteen years of age, and who, but for attaining such
49 age, would remain eligible for medical assistance under this paragraph,
50 shall continue to remain eligible until the end of the stay for which
51 in-patient services are being furnished.
52 (6) A woman who was pregnant while in receipt of medical assistance
53 who subsequently loses her eligibility for medical assistance shall have
54 her eligibility for medical assistance continued for a period of twen-
55 ty-four months from the end of the month in which the sixtieth day
56 following the end of her pregnancy occurs, but only for Federal Title X
A. 7834--A 3
1 services which are eligible for reimbursement by the federal government
2 at a rate of ninety percent; provided, however, that such ninety percent
3 limitation shall not apply to those services identified by the commis-
4 sioner as services, including treatment for sexually transmitted
5 diseases, generally performed as part of or as a follow-up to a service
6 eligible for such ninety percent reimbursement; and provided further,
7 however, that nothing in this paragraph shall be deemed to affect
8 payment for such Title X services if federal financial participation is
9 not available for such care, services and supplies.
10 § 4. Subdivision 2 of section 2511 of the public health law is
11 amended by adding a new paragraph (k) to read as follows:
12 (k) A child under the age of six who is at any time determined to be
13 eligible for coverage under this title, shall, subject to federal finan-
14 cial participation, remain continuously eligible for coverage through
15 the last day of the month in which the child reaches the age of six. The
16 department shall notify the parent or guardian of any child under the
17 age of six who is determined to be eligible for benefits under
18 this title of the rights of such child to extended benefits under this
19 paragraph.
20 § 5. The commissioner of health shall, to the extent necessary, submit
21 the appropriate waivers, including, but not limited to, those authorized
22 pursuant to section eleven hundred fifteen of the federal social securi-
23 ty act, or successor provisions, and any other waivers necessary to
24 achieve the purposes of this act necessary to secure federal funding.
25 § 6. This act shall take effect on the sixtieth day after it shall
26 have become a law.
