NY State Senate Bill 2021-S6820

Senate Bill S6820

2021-2022 Legislative Session

Authorizes individuals to participate in the NY State of health marketplace without providing information regarding citizenship or lawful residency or receiving or requesting a subsidy

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
May 18, 2021	referred to health

co-Sponsors

2021-S6820 (ACTIVE) - Details

See Assembly Version of this Bill:: A1968
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§268-a, 268-c, 268-g & 206, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S4578, A6791

2021-S6820 (ACTIVE) - Summary

Authorizes individuals to participate in the NY State of Health marketplace without providing information regarding citizenship or lawful residency or requesting or receiving a state or federal subsidy.

2021-S6820 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6820

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the public health law, in relation to authorizing indi-
viduals to participate in the NY State of Health, the official health
plan marketplace without providing information regarding citizenship or
lawful residency in the United States or requesting or receiving a state
or federal subsidy

 
PURPOSE OF THE BILL:

This bill will allow undocumented immigrants who can pay out-of-pocket
premiums and without any state and federal subsidy to participate in the
New York state health benefit exchange.

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision 10 of section 268-a of the public health law, as
added by section 2 of part T of chapter 57 of the laws of 2019, is
amended to delete the provision requiring citizenship or permanent resi-

dency.

§ 2. Paragraph (a) of subdivision 1 of section 268-c of the public
health law, as added by section 2 of part T of chapter 57 of the laws of
2019, is amended to allow any qualified individual to participate in a
qualified health plan who pays all associated costs without requesting
or receiving a state or federal subsidy.

§ 3. Section 268-g of the public health law is amended by adding two new
subdivisions 4 and 5 authorizing and directing the commissioner to seek
a federal waiver allowing qualified individuals who pay all costs of
participating to participate in a qualified health plan and establishing
the formula to be applied.

§ 4. Section 206 of the public health law is amended by a new subdivi-
sion 31 providing that the commissioner shall promulgate rules and regu-
lations to protect and maintain the confidentiality of participants in
the NY State of Health, the official health plan Marketplace who do not
provide a social security number or proof of legal status in the United
States.

§ 5. This act shall take effect immediately.

 
JUSTIFICATION:

The federal Patient Protection and Affordable Care Act made it illegal
for an undocumented immigrant to participate in health benefit
exchanges, even if that individual could pay out of pocket and did not
need a federal subsidy to afford the health insurance coverage. Federal
law went as far as making this action a felony.

New York has codified the State health Benefit Exchange and this devel-
opment allows the state to allow undocumented immigrants who can afford
to pay the monthly premium out-of-pocket and without any federal or
state subsidy to do so.


Over one million residents of New York are undocumented immigrants.
Many are able to buy into the health benefit exchange without a federal
or state subsidy but are currently unable to do so.  Currently, the NYS
Health Benefit Exchange offers a range of health insurance policy
options. The most inexpensive covers a family of three costs as little
as $110 per month for primary and preventive care coverage. This is
affordable buy-in coverage for the poorest of immigrants and their fami-
lies.

The power of the health benefit exchange is that it uses the power of
economies of scale to make health insurance more affordable. By opening
up enrollment, without any subsidy to undocumented immigrants, we
increase the pool of participants in the exchange that maintain its
affordability for all other participants and future participants. This
simple change in how New York State will operate its health benefit
exchange is nothing short of a life-saver for the tens of thousands of
immigrants who do not have access to health care or preventive health
services. Being able to access preventive health services and wellness
visits will prevent the development of chronic illnesses, which force
many immigrants into emergency rooms for basic care at a huge expense to
New York.

Allowing undocumented immigrants to buy into the health benefit exchange
and without any subsidy is part of a set of solutions New York should
engage immediately as it strives to provide health care for all.

 
FISCAL IMPLICATIONS:

No negative fiscal implications to the State. In fact, by reducing the
extremely expensive behavior of using emergency rooms for primary care
for our uninsured and indigent, New York State would be able to save
hundreds of millions of dollars in the way it funds the indigent care.

 
LEGISLATIVE HISTORY:

2019-20 - S 4758B/A6791A - died in Health committees of both houses.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6820 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6820
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2021
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to authorizing  indi-
   viduals  to participate in the NY State of Health, the official health
   plan marketplace without providing information  regarding  citizenship
   or  lawful residency in the United States or requesting or receiving a
   state or federal subsidy
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 10 of section 268-a of the public health law,
 as added by section 2 of part T of chapter 57 of the laws  of  2019,  is
 amended to read as follows:
   10.  "Qualified  individual"  means,  with respect to qualified health
 plans, an individual, including a minor, who:
   (a) is eligible to enroll in a qualified health plan offered to  indi-
 viduals through the Marketplace;
   (b) resides in this state; AND
   (c)  at the time of enrollment, is not incarcerated, other than incar-
 ceration pending the disposition of charges[; and
   (d) is, and is reasonably expected to be, for the  entire  period  for
 which  enrollment  is sought, a citizen or national of the United States
 or an alien lawfully present in the United States].
   § 2. Paragraph (a) of subdivision 1 of section  268-c  of  the  public
 health law, as added by section 2 of part T of chapter 57 of the laws of
 2019, is amended to read as follows:
   (a) Perform eligibility determinations for federal and state insurance
 affordability  programs  including medical assistance in accordance with
 section three hundred sixty-six of the social services law, child health
 plus in accordance with section twenty-five hundred eleven of this chap-
 ter, the basic health program in accordance with section  three  hundred
 sixty-nine-gg  of the social services law, premium tax credits and cost-

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

                                                            LBD06158-01-1

 S. 6820                             2
 
 sharing reductions and qualified health plans in accordance with  appli-
 cable  law  and  other  health  insurance  programs as determined by the
 commissioner. SUCH ELIGIBILITY DETERMINATIONS SHALL ALLOW ANY  QUALIFIED
 INDIVIDUAL  TO PARTICIPATE IN A QUALIFIED HEALTH PLAN WHO PAYS ALL ASSO-
 CIATED COSTS WITHOUT REQUESTING OR RECEIVING A STATE OR FEDERAL SUBSIDY;
   § 3. Section 268-g of the public health law is amended by  adding  two
 new subdivisions 4 and 5 to read as follows:
   4. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO SEEK A FEDERAL WAIV-
 ER  ALLOWING  QUALIFIED  INDIVIDUALS  WHO  PAY  ALL  ASSOCIATED COSTS OF
 PARTICIPATING IN A QUALIFIED HEALTH PLAN  WITHOUT  A  STATE  OR  FEDERAL
 SUBSIDY.
   5.  (A)  THE COMMISSIONER SHALL UTILIZE THE FOLLOWING FORMULA TO AVOID
 THE USE OF ANY FEDERAL FUNDS FOR QUALIFIED INDIVIDUALS WHO PAY ALL ASSO-
 CIATED COSTS OF PARTICIPATING IN A QUALIFIED HEALTH PLAN WITHOUT A STATE
 OR FEDERAL SUBSIDY:
   (I) THE AVERAGE TOTAL AMOUNT EXPENDED PER MEMBER SHALL  BE  DETERMINED
 BY  DIVIDING  THE  FEDERAL ADMINISTRATIVE FUNDING AMOUNT PROVIDED TO THE
 STATE FOR THE MARKETPLACE AS A HEALTH  BENEFIT  EXCHANGE  BY  THE  TOTAL
 NUMBER OF ENROLLEES IN THE MARKETPLACE;
   (II)  THE AVERAGE TOTAL AMOUNT EXPENDED PER MEMBER DETERMINED PURSUANT
 TO SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE MULTIPLIED BY THE  NUMBER
 OF  QUALIFIED  INDIVIDUALS WHO PAY ALL ASSOCIATED COSTS OF PARTICIPATING
 IN A QUALIFIED HEALTH PLAN WITHOUT A STATE OR FEDERAL SUBSIDY TO  DETER-
 MINE THE TOTAL REIMBURSEMENT AMOUNT;
   (III) THE STATE SHALL REIMBURSE THE FEDERAL GOVERNMENT ANNUALLY BY THE
 TOTAL  REIMBURSEMENT  AMOUNT DETERMINED PURSUANT TO SUBPARAGRAPH (II) OF
 THIS PARAGRAPH.
   (B) THE TOTAL REIMBURSEMENT AMOUNT DETERMINED PURSUANT TO SUBPARAGRAPH
 (II) OF PARAGRAPH (A) OF THIS  SUBDIVISION  SHALL  BE  PROVIDED  TO  THE
 MARKETPLACE  BY  AN  ANNUAL ALLOCATION TO THE INDIGENT CARE FUNDS IN THE
 ANNUAL STATE BUDGET.
   § 4. Section 206 of the public health law is amended by adding  a  new
 subdivision 31 to read as follows:
   31. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO PROTECT
 AND  MAINTAIN  THE  CONFIDENTIALITY  OF  PARTICIPANTS IN THE NY STATE OF
 HEALTH, THE OFFICIAL HEALTH PLAN MARKETPLACE WHO DO NOT PROVIDE A SOCIAL
 SECURITY NUMBER OR PROOF OF LEGAL STATUS IN THE UNITED STATES.
   § 5. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6820

Share this bill

Sponsored By

Julia Salazar