Bill Text: NY A07155 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to the date of enrollment in the child health insurance plan; establishes date of enrollment as the date of the child's birth, if the applicant for insurance applies prior to the child's birth or up to 60 days following the child's birth, or on the date the applicant for insurance applies for coverage if the application is made more than 60 days after the child's birth.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-06-18 - substituted by s4745b [A07155 Detail]

Download: New_York-2015-A07155-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7155--B
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 27, 2015
                                      ___________
       Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
         Committee on Health -- committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee -- reported and
         referred  to  the Committee on Ways and Means -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee
       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:
    1    Section  1.  Subparagraph  (i)  of  paragraph  (g) of subdivision 2 of
    2  section 2511 of the public health law, as amended by section 29 of  part
    3  A of chapter 58 of the laws of 2007, is amended to read as follows:
    4    (i)  Notwithstanding any inconsistent provision of law to the contrary
    5  and subject to the availability of federal financial participation under
    6  title XIX of the federal social security act, a child under the  age  of
    7  nineteen  shall  be  presumed  to  be  eligible for subsidy payments and
    8  temporarily enrolled for coverage under this title, once during a twelve
    9  month period, beginning on  the  first  day  of  the  enrollment  period
   10  following  the  date  that  an  approved organization determines, on the
   11  basis of preliminary information, that a child's  net  household  income
   12  does  not  exceed  the income level specified in title eleven of article
   13  five of the social  services  law  for  children  eligible  for  medical
   14  assistance  based on such child's age. PROVIDED, HOWEVER, IN THE CASE OF
   15  A NEWBORN CHILD, THE ELIGIBILITY  FOR  SUBSIDY  PAYMENTS  AND  TEMPORARY
   16  ENROLLMENT  SHALL  BE THE DATE OF THE CHILD'S BIRTH IF THE APPLICANT FOR
   17  INSURANCE APPLIED PRIOR TO THE CHILD'S BIRTH OR WITHIN SIXTY DAYS  AFTER
   18  THE CHILD'S BIRTH, AND AN APPROVED ORGANIZATION, OR THE STATE ENROLLMENT
   19  CENTER,  DETERMINES,  ON  THE BASIS OF PRELIMINARY INFORMATION, THAT THE
   20  CHILD'S NET HOUSEHOLD INCOME DOES NOT EXCEED THE INCOME LEVEL  SPECIFIED
   21  IN  THIS  TITLE  FOR  CHILDREN  ELIGIBLE  FOR PREMIUM SUBSIDY UNDER THIS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10056-11-5
       A. 7155--B                          2
    1  TITLE.  The temporary enrollment period shall continue until the earlier
    2  of the date an eligibility determination is made pursuant to this  title
    3  or  title  eleven  of  article  five  of the social services law, or two
    4  months  after  the date temporary enrollment begins; provided however, a
    5  temporary enrollment period may be extended in the event an  eligibility
    6  determination  under  this  title or title eleven of article five of the
    7  social services law is not made within such two month period through  no
    8  fault of the applicant for insurance for medical assistance. The commis-
    9  sioner  shall  assure  that  children  who are enrolled pursuant to this
   10  paragraph receive the  appropriate  follow-up  for  a  determination  of
   11  eligibility  for  benefits  under  this title or title eleven of article
   12  five of the social services law prior to the termination of  the  tempo-
   13  rary  enrollment period. The commissioner shall assure that children and
   14  their families are informed of all available enrollment sites in accord-
   15  ance with subdivision nine of this section.
   16    S 2. Section 2511 of the public health law is amended by adding a  new
   17  subdivision 5-b to read as follows:
   18    5-B.  NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, AND
   19  EXCEPT AS PROVIDED IN PARAGRAPH (G) OF SUBDIVISION TWO OF THIS  SECTION,
   20  THE EFFECTIVE DATE OF COVERAGE UNDER THIS TITLE SHALL BE THE DATE OF THE
   21  CHILD'S  BIRTH  IF  THE  APPLICANT  FOR  INSURANCE  APPLIED PRIOR TO THE
   22  CHILD'S BIRTH OR WITHIN SIXTY DAYS AFTER THE CHILD'S BIRTH.
   23    S 3. This act shall take effect on January 1, 2016, provided, however,
   24  that the amendments to paragraph (g) of subdivision 2 of section 2511 of
   25  the public health law made by section one of this act shall  not  affect
   26  the expiration of such paragraph and shall be deemed to expire therewith
   27  and provided, further that subdivision 5-b of section 2511 of the public
   28  health  law  as  added  by  section  two of this act shall expire and be
   29  deemed repealed on the same date as paragraph (g) of  subdivision  2  of
   30  such  section  expires  pursuant  to  chapter  2 of the laws of 1998, as
   31  amended.