S T A T E   O F   N E W   Y O R K
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                                  9165

                          I N  A S S E M B L Y

                            February 1, 2016
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health

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:

  Section 1. Subdivision 2 of section 2511 of the public health  law  is
amended by adding a new paragraph (i) to read as follows:
  (I)  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF LAW, RULE OR REGU-
LATION:
  (I) A NEWBORN CHILD WHO MEETS THE ELIGIBILITY CRITERIA  SET  FORTH  IN
THIS  SUBDIVISION  OR SUBDIVISION FIVE OF THIS SECTION, AS DETERMINED BY
AN APPROVED ORGANIZATION OR THE HEALTH INSURANCE  EXCHANGE  MARKETPLACE,
WHICHEVER  IS  APPLICABLE,  SHALL BE ENROLLED RETROACTIVELY TO THE FIRST
DAY OF THE MONTH IN WHICH THE CHILD IS BORN, PROVIDED THAT THE APPLICANT
FOR INSURANCE SUBMITS A COMPLETED AND SIGNED  APPLICATION  AND  REQUIRED
INFORMATION AND DOCUMENTATION WITHIN SIXTY DAYS OF THE CHILD'S BIRTH.
  (II)  A  NEWBORN CHILD SHALL BE PRESUMED ELIGIBLE FOR SUBSIDY PAYMENTS
UNDER THIS SUBDIVISION OR ELIGIBLE FOR COVERAGE UNDER  SUBDIVISION  FIVE
OF  THIS  SECTION,  PROVIDED  THAT THE APPLICANT FOR INSURANCE SUBMITS A
COMPLETED AND SIGNED APPLICATION WITHIN SIXTY DAYS OF THE CHILD'S BIRTH.
ONCE ELIGIBILITY IS DETERMINED  BY  THE  APPROVED  ORGANIZATION  OR  THE
HEALTH  INSURANCE  EXCHANGE MARKETPLACE, WHICHEVER IS APPLICABLE, ON THE
BASIS OF PRELIMINARY INFORMATION, THE CHILD SHALL BE  ENROLLED  RETROAC-
TIVELY  TO  THE  FIRST  DAY OF THE MONTH IN WHICH THE CHILD IS BORN. ALL
OTHER PROCEDURES AND STANDARDS REGARDING PRESUMPTIVE ENROLLMENT APPLICA-
BLE TO ELIGIBLE CHILDREN ENROLLED UNDER  THIS  TITLE  AND  SPECIFIED  IN
STATE CONTRACTS WITH APPROVED ORGANIZATIONS OR IMPLEMENTED BY THE HEALTH
INSURANCE  EXCHANGE MARKETPLACE, WHICHEVER IS APPLICABLE, SHALL APPLY TO
PRESUMPTIVE ENROLLMENT OF NEWBORN CHILDREN.
  S 2. Subparagraph (i) of paragraph (g) of  subdivision  2  of  section
2511  of  the  public health law, as amended by a chapter of the laws of
2015 amending the public health law, relating to the date of  enrollment
in  the  child  health  insurance plan, as proposed in legislative bills
numbers S.4745-B and A.7155-B, is amended to read as follows:
  (i) Notwithstanding any inconsistent provision of law to the  contrary
and subject to the availability of federal financial participation under
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10056-14-6

A. 9165                             2

title  XIX  of the federal social security act, a child under the age of
nineteen shall be presumed to  be  eligible  for  subsidy  payments  and
temporarily enrolled for coverage under this title, once during a twelve
month  period,  beginning  on  the  first  day  of the enrollment period
following the date that an  approved  organization  determines,  on  the
basis  of  preliminary  information, that a child's net household income
does not exceed the income level specified in title  eleven  of  article
five  of  the  social  services  law  for  children eligible for medical
assistance based on such child's age. [Provided, however, in the case of
a newborn child, the eligibility  for  subsidy  payments  and  temporary
enrollment  shall  be the date of the child's birth if the applicant for
insurance applied prior to the child's birth or within sixty days  after
the child's birth, and an approved organization, or the state enrollment
center,  determines,  on  the basis of preliminary information, that the
child's net household income does not exceed the income level  specified
in  this  title  for  children  eligible  for premium subsidy under this
title.] The temporary enrollment period shall continue until the earlier
of the date an eligibility determination is made pursuant to this  title
or  title  eleven  of  article  five  of the social services law, or two
months after the date temporary enrollment begins; provided  however,  a
temporary  enrollment period may be extended in the event an eligibility
determination under this title or title eleven of article  five  of  the
social  services law is not made within such two month period through no
fault of the applicant for insurance for medical assistance. The commis-
sioner shall assure that children who  are  enrolled  pursuant  to  this
paragraph  receive  the  appropriate  follow-up  for  a determination of
eligibility for benefits under this title or  title  eleven  of  article
five  of  the social services law prior to the termination of the tempo-
rary enrollment period. The commissioner shall assure that children  and
their families are informed of all available enrollment sites in accord-
ance with subdivision nine of this section.
  S  3.  Subdivision  5-b  of  section 2511 of the public health law, as
added by a chapter of the laws of 2015, amending the public health  law,
relating  to  the date of enrollment in the child health insurance plan,
as proposed in legislative  bills  numbers  S.4745-B  and  A.7155-B,  is
REPEALED.
  S  4.  Section  3 of a chapter of the laws of 2015 amending the public
health law, relating to the date  of  enrollment  in  the  child  health
insurance  plan,  as  proposed in legislative bills numbers S.4745-B and
A.7155-B, is amended to read as follows:
  S 3. This act shall take effect on January 1, [2016]  2017,  provided,
however,  that  the  amendments  to  paragraph  (g)  of subdivision 2 of
section 2511 of the public health law made by section one  of  this  act
shall not affect the expiration of such paragraph and shall be deemed to
expire  therewith [and provided, further that subdivision 5-b of section
2511 of the public health law as added by section two of this act  shall
expire  and  be  deemed  repealed  on  the same date as paragraph (g) of
subdivision 2 of such section expires pursuant to chapter 2 of the  laws
of 1998, as amended].
  S  5.  This  act  shall  take  effect on the same date and in the same
manner as a chapter of the laws of 2015, amending the public health law,
relating to the date of enrollment in the child health  insurance  plan,
as  proposed  in  legislative bills numbers S.4745-B and A.7155-B, takes
effect.