S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8146
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 13, 2023
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the social services law and the public  health  law,  in
   relation to ensuring continuity of public health insurance coverage to
   children under six years of age

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Subparagraph 3 of  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 of 2013, is amended to read as follows:
   (3) A child 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)  FOR  A  CHILD  BETWEEN AGES SIX AND NINETEEN, the last day of the
 month which is twelve months following the determination  or  redetermi-
 nation of eligibility for such assistance; or
   (ii)  the  last day of the month in which the child reaches the age of
 nineteen; OR
   (III) FOR A CHILD UNDER THE AGE OF SIX:
   (A) CONSISTENT WITH APPLICABLE FEDERAL REQUIREMENTS, THE LAST  DAY  OF
 THE MONTH IN WHICH THE CHILD REACHES THE AGE OF SIX;
   (B)  NOTWITHSTANDING SUBCLAUSE (A) OF THIS CLAUSE, A CHILD MAY, AT THE
 ELECTION OF THE CHILD'S PARENT OR LEGALLY RESPONSIBLE ADULT,  ENROLL  IN
 THE CHILD HEALTH INSURANCE PLAN UNDER TITLE ONE-A OF ARTICLE TWENTY-FIVE
 OF  THE  PUBLIC  HEALTH  LAW  IF THE CHILD IS ELIGIBLE TO ENROLL IN SUCH
 PLAN.
   § 2. Subdivision 2 of section 2511 of the public health law is amended
 by adding a new paragraph (k) to read as follows:
   (K) (I) A CHILD WHO IS UNDER THE AGE OF SIX WHO IS DETERMINED ELIGIBLE
 FOR COVERAGE UNDER THIS  TITLE,  SHALL,  SUBJECT  TO  FEDERAL  FINANCIAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13390-01-3
              

 A. 8146                             2
 
 PARTICIPATION,  REMAIN  CONTINUOUSLY  ELIGIBLE  FOR COVERAGE THROUGH THE
 LAST DAY OF THE MONTH IN WHICH THE CHILD REACHES THE AGE OF SIX.
   (II)  NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, A CHILD MAY,
 AT THE ELECTION OF THE CHILD'S  PARENT  OR  LEGALLY  RESPONSIBLE  ADULT,
 ENROLL  IN  THE MEDICAL ASSISTANCE PROGRAM UNDER TITLE ELEVEN OF ARTICLE
 FIVE OF THE SOCIAL SERVICES LAW IF THE CHILD BECOMES ELIGIBLE  FOR  SUCH
 PROGRAM BEFORE THE AGE OF SIX.
   § 3. The commissioner of health shall, expeditiously and as necessary,
 submit  the  appropriate  waivers,  including, but not limited to, those
 authorized under section 1115, title XIX, or title XXI  of  the  federal
 social  security act, or successor provisions, and any other waivers and
 state plan amendments necessary  to  secure  federal  financial  partic-
 ipation under this act.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.  Effective immediately, the commissioner of health is
 authorized and directed to add, amend, and/or repeal any rule  or  regu-
 lation  and to take other actions reasonably necessary to implement this
 act on such effective date, including the actions required under section
 three of this act.