S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7834--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. This act shall be known and may be cited as the "keep  kids
 covered act".
   §  2.  Section 366-h of the social services law, as amended by chapter
 121 of the laws of 2017, is amended to read as follows:
   § 366-h. Automated system; established. Notwithstanding any inconsist-
 ent provision of law or regulation, the commissioner of health shall, as
 soon as practicable,  establish  an  automated  system  to  ensure  that
 persons who meet the criteria for receipt of medical assistance benefits
 under  paragraph (a) or (c), OR A CHILD UNDER PARAGRAPH (B), of subdivi-
 sion four of section three hundred sixty-six of this title shall  remain
 enrolled  in  the  medical  assistance  program without interruption and
 receive the benefits set forth according to paragraph (a), (B) or (c) of
 subdivision four of section three hundred sixty-six of this title. Pend-
 ing implementation of such automated system, such commissioner shall, in
 consultation with the office of  temporary  and  disability  assistance,
 undertake  and  continue  efforts to educate local departments of social
 services about the measures  they  must  take  to  ensure  that  medical
 assistance  benefits  are provided to persons eligible for such benefits
 under subdivision four of section three hundred sixty-six of this title.
   § 3. Paragraph (b) of subdivision 4  of  section  366  of  the  social
 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
              

 
 of 2013, subparagraph 1  as amended by section 3 of part CCC of  chapter
 56 of the laws of 2022, is amended to read as follows:
   (b) Pregnant women and children.
   (1)  A  pregnant  woman eligible for medical assistance under subpara-
 graph two or four of paragraph (b) of subdivision one of this section on
 any day of her pregnancy will continue to be eligible for such care  and
 services  for a period of one year beginning on the last day of pregnan-
 cy, without regard to any change  in  the  income  of  the  family  that
 includes  the  pregnant  woman, even if such change otherwise would have
 rendered her ineligible for medical assistance.
   (1-A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY CHILD UNDER  THE
 AGE  OF  SIX  WHO  IS  AT ANY TIME DETERMINED TO BE ELIGIBLE FOR MEDICAL
 ASSISTANCE, OR WHO IS A MEMBER  OF  A  FAMILY  WHICH  WAS  ELIGIBLE  FOR
 MEDICAL  ASSISTANCE  BUT  BECAME  INELIGIBLE,  SHALL REMAIN CONTINUOUSLY
 ELIGIBLE FOR MEDICAL ASSISTANCE UNTIL THE AGE OF SIX  AND  SHALL  REMAIN
 CONTINUOUSLY  ENROLLED  UNDER  SECTION THREE HUNDRED SIXTY-SIX-H OF THIS
 TITLE. THE DEPARTMENT SHALL NOTIFY THE PARENT OR GUARDIAN OF  ANY  CHILD
 UNDER  THE  AGE  OF  SIX  WHO  IS  DETERMINED TO BE ELIGIBLE FOR MEDICAL
 ASSISTANCE OF THE RIGHTS OF SUCH CHILD TO EXTENDED BENEFITS  UNDER  THIS
 SUBPARAGRAPH.
   (2) A child born to a woman eligible for and receiving medical assist-
 ance  on  the  date of the child's birth shall be deemed to have applied
 for medical assistance and to have been found eligible for such  assist-
 ance  on  the date of such birth and to remain eligible for such assist-
 ance for a period of [one year] FIVE YEARS, so long as the  child  is  a
 member of the woman's household [and the woman remains eligible for such
 assistance  or  would  remain  eligible  for such assistance if she were
 pregnant].
   (3) A child OVER THE AGE OF SIX AND under the age of nineteen  who  is
 determined  eligible for medical assistance under the provisions of this
 section, shall, consistent with applicable federal requirements,  remain
 eligible for such assistance until the earlier of:
   (i)  the  last  day  of the month which is twelve months following the
 determination or redetermination of eligibility for such assistance; or
   (ii) the last day of the month in which the child reaches the  age  of
 nineteen.
   (4) An infant eligible under subparagraph two or four of paragraph (b)
 of  subdivision one of this section who is receiving medically necessary
 in-patient services for which medical assistance is provided on the date
 the child attains one year of age, and who, but for attaining such  age,
 would  remain  eligible  for medical assistance under such subparagraph,
 shall continue to remain eligible until the end of the  stay  for  which
 in-patient  services  are being furnished OR UNTIL AGE SIX, WHICHEVER IS
 LATER.
   (5) A child eligible under subparagraph  three  of  paragraph  (b)  of
 subdivision  one  of  this  section who is receiving medically necessary
 in-patient services for which medical assistance is provided on the date
 the child attains nineteen years of age, and who, but for attaining such
 age, would remain eligible for medical assistance under this  paragraph,
 shall  continue  to  remain eligible until the end of the stay for which
 in-patient services are being furnished.
   (6) A woman who was pregnant while in receipt  of  medical  assistance
 who subsequently loses her eligibility for medical assistance shall have
 her  eligibility  for medical assistance continued for a period of twen-
 ty-four months from the end of the  month  in  which  the  sixtieth  day
 following  the end of her pregnancy occurs, but only for Federal Title X
 A. 7834--A                          3
 
 services which are eligible for reimbursement by the federal  government
 at a rate of ninety percent; provided, however, that such ninety percent
 limitation  shall  not apply to those services identified by the commis-
 sioner   as  services,  including  treatment  for  sexually  transmitted
 diseases, generally performed as part of or as a follow-up to a  service
 eligible  for  such  ninety percent reimbursement; and provided further,
 however, that nothing in  this  paragraph  shall  be  deemed  to  affect
 payment  for such Title X services if federal financial participation is
 not available for such care, services and supplies.
   § 4.   Subdivision 2 of section 2511  of  the  public  health  law  is
 amended by adding a new paragraph (k) to read as follows:
   (K)  A  CHILD UNDER THE AGE OF SIX WHO IS AT ANY TIME DETERMINED TO BE
 ELIGIBLE FOR COVERAGE UNDER THIS TITLE, SHALL, SUBJECT TO FEDERAL FINAN-
 CIAL PARTICIPATION, REMAIN CONTINUOUSLY ELIGIBLE  FOR  COVERAGE  THROUGH
 THE LAST DAY OF THE MONTH IN WHICH THE CHILD REACHES THE AGE OF SIX. THE
 DEPARTMENT  SHALL  NOTIFY  THE PARENT OR GUARDIAN OF ANY CHILD UNDER THE
 AGE OF SIX WHO  IS  DETERMINED  TO  BE  ELIGIBLE   FOR   BENEFITS  UNDER
 THIS  TITLE OF  THE RIGHTS OF SUCH CHILD TO EXTENDED BENEFITS UNDER THIS
 PARAGRAPH.
   § 5. The commissioner of health shall, to the extent necessary, submit
 the appropriate waivers, including, but not limited to, those authorized
 pursuant to section eleven hundred fifteen of the federal social securi-
 ty act, or successor provisions, and  any  other  waivers  necessary  to
 achieve the purposes of this act necessary to secure federal funding.
   §  6.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.