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S04745 Summary:

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S04745 Committee Votes:

S04745 Floor Votes:

S04745 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4745--B
            Cal. No. 1282
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                     April 15, 2015
                                       ___________
 
        Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health -- reported favora-
          bly from said committee, ordered to first and second  report,  amended
          on  second  report, ordered to a third reading, and to be reprinted as
          amended, retaining its place in the order of third  reading  --  again
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10056-10-5
        S. 4745--B                          2
 
     1  in this title for children  eligible  for  premium  subsidy  under  this
     2  title.  The temporary enrollment period shall continue until the earlier
     3  of  the date an eligibility determination is made pursuant to this title
     4  or  title  eleven  of  article  five  of the social services law, or two
     5  months after the date temporary enrollment begins; provided  however,  a
     6  temporary  enrollment period may be extended in the event an eligibility
     7  determination under this title or title eleven of article  five  of  the
     8  social  services law is not made within such two month period through no
     9  fault of the applicant for insurance for medical assistance. The commis-
    10  sioner shall assure that children who  are  enrolled  pursuant  to  this
    11  paragraph  receive  the  appropriate  follow-up  for  a determination of
    12  eligibility for benefits under this title or  title  eleven  of  article
    13  five  of  the social services law prior to the termination of the tempo-
    14  rary enrollment period. The commissioner shall assure that children  and
    15  their families are informed of all available enrollment sites in accord-
    16  ance with subdivision nine of this section.
    17    §  2. Section 2511 of the public health law is amended by adding a new
    18  subdivision 5-b to read as follows:
    19    5-b. Notwithstanding any law, rule or regulation to the contrary,  and
    20  except  as provided in paragraph (g) of subdivision two of this section,
    21  the effective date of coverage under this title shall be the date of the
    22  child's birth if the  applicant  for  insurance  applied  prior  to  the
    23  child's birth or within sixty days after the child's birth.
    24    § 3. This act shall take effect on January 1, 2016, provided, however,
    25  that the amendments to paragraph (g) of subdivision 2 of section 2511 of
    26  the  public  health law made by section one of this act shall not affect
    27  the expiration of such paragraph and shall be deemed to expire therewith
    28  and provided, further that subdivision 5-b of section 2511 of the public
    29  health law as added by section two of  this  act  shall  expire  and  be
    30  deemed  repealed  on  the same date as paragraph (g) of subdivision 2 of
    31  such section expires pursuant to chapter 2  of  the  laws  of  1998,  as
    32  amended.