NY State Senate Bill 2023-S8157A

Senate Bill S8157A

2023-2024 Legislative Session

Enacts the "keep kids covered act" to provide automatic continuous enrollment in medical assistance and child health plus for certain children through age five

download bill text pdf

Current 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2024	print number 8157a
Jan 25, 2024	amend (t) and recommit to health
Jan 10, 2024	referred to health

Bill Amendments

Original

A (Active)

2023-S8157 - Details

See Assembly Version of this Bill:: A7834
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §§366-h & 366, Soc Serv L; amd §2511, Pub Health L

2023-S8157 - Summary

Requires automatic continuous enrollment in medical assistance and child health plus for previously eligible children through age five.

2023-S8157 - Sponsor Memo

                                 
BILL NUMBER: S8157

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the social services law, in relation to automatic
continuous enrollment in medical assistance for children through age
five

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure children birth through 5 enrolled in Medicaid will have no gap
in insurance coverage.

 
SUMMARY OF PROVISIONS:

Section 1 is the bill title.

Section 2 amends Section 366-h of the social services law, as amended by
chapter 121 of the laws of 2017, to include children under 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, as amended by

Section 3 of this bill.

Section 3 amends 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, to add a new subparagraph 1-a and amend subparagraphs
2 through 6 so that any child under age 6 who was at any time eligible
for medical assistance shall remain eligible and be continuously
enrolled until age 6.

Section 4 directs the commissioner of health to submit the appropriate
waivers to the extent necessary.

Section 5 is the effective date.

 
JUSTIFICATION:

Children may lack insurance coverage due to families "churning" from one
insurance plan to another, including going on and off Medicaid.  To name
but one example, a child may be covered by Medicaid, only to lose eligi-
bility if parents earn slightly more income. If parents have limited
knowledge of how to purchase private insurance, they might take months
to obtain a new policy, leaving the child without coverage during that
time. This bill will establish that children birth through 5, if
enrolled in Medicaid, will be continuously enrolled regardless of family
eligibility and without any re-application. This ensures that children
always have vital insurance coverage regardless of family circumstances,
allowing. them to have access to affordable routine and emergency
healthcare.

This eligibility expansion requires the Commissioner of Health to apply
for and receive a Section 1115 waiver from the federal

Secretary of Health and Human Services. At least one other state has
already received such a waiver.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2023-S8157 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8157
 
                             I N  S E N A T E
 
                             January 10, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Health
 
 AN ACT to amend the  social  services  law,  in  relation  to  automatic
   continuous  enrollment  in medical assistance 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11843-02-3
 S. 8157                             2
 
 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
 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,
 S. 8157                             3
 
 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. 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.
   § 5. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

2023-S8157A (ACTIVE) - Details

See Assembly Version of this Bill:: A7834
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §§366-h & 366, Soc Serv L; amd §2511, Pub Health L

2023-S8157A (ACTIVE) - Summary

Requires automatic continuous enrollment in medical assistance and child health plus for previously eligible children through age five.

2023-S8157A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8157A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure children birth to 6 enrolled in public health insurance will
have no gap in coverage.

 
SUMMARY OF PROVISIONS:

Section 1 is the bill title.

Section 2 amends Section 366-h of the social services law, as amended by
chapter 121 of the laws of 2017, to include children under 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, as amended by

Section 3 of this title.

Section 3 amends 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, to add a new subparagraph 1-a and amend subparagraphs
2 through 6 so that any child under age 6 who was at any time eligible
for medical assistance shall remain eligible and be continuously
enrolled until age 6.

Section 4 amends Subdivision 2 of section 2511 of the public health law
by adding a new paragraph (k) providing for continuous coverage under
the child health insurance plan.

Section 5 directs the commissioner of health to submit the appropriate
waivers to the extent necessary.

Section 6 is the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The A-print adds a new section pertaining to the child health insurance
plan.

 
JUSTIFICATION:

Children may lack insurance coverage due to families "churning" from one
plan to another, including going on and off public health insurance. To
name but one example, a child may be covered by Medicaid, only to lose
eligibility if parents earn slightly more income. If parents have limit-
ed knowledge of how to purchase private insurance, they might take
months to obtain a new policy, leaving the child without coverage during
that time. This bill will establish that children birth through 5, if
enrolled in public health insurance, will be continuously enrolled
regardless of family eligibility and without any re-application. This
ensures that children always have vital insurance coverage regardless of
family circumstances, allowing them to have access to affordable routine
and emergency healthcare.
This eligibility expansion requires the Commissioner of Health to apply
for and receive a Section 1115 waiver from the federal Secretary of
Health and Human Services. At least one other state has already received
such a waiver.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2023-S8157A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8157--A
 
                             I N  S E N A T E
 
                             January 10, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Health  --  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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11843-04-4

 S. 8157--A                          2
 
   (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
 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-
 S. 8157--A                          3
 
 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.

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