S T A T E O F N E W Y O R K
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7515--A
2009-2010 Regular Sessions
I N A S S E M B L Y
April 14, 2009
___________
Introduced by M. of A. KAVANAGH -- 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 public health law and the social services law, in
relation to establishing the child health plus and school meals
enrollment coordination act of 2011
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "child health plus and school meals enrollment coordination act of
2011".
S 2. Legislative intent. The legislature hereby finds and declares
good health and good nutrition the fundamentals of laying a strong foun-
dation for early childhood development, success in school, and later
achievement as adults, and therefore, finds it necessary to increase
enrollment in child health plus. To do so, the legislature finds it
necessary to coordinate the school meal program with child health plus.
Through three successful programs, which are the Child Health Plus
Insurance Program, the School Breakfast Program, and the School Lunch
Program, New York state has shown a long-standing commitment to provid-
ing health care to its residents, and through the efforts of the legis-
lature, is a national leader in health care innovation. New York state
has made important strides in enrolling children in public health insur-
ance by expanding eligibility to cover more children, simplifying the
application and re-certification processes, and establishing facilitated
enrollment centers throughout the state. Furthermore, the state has
attempted to improve the health of its schoolchildren by improving the
nutritional status of school meals and by making such meals more afford-
able through the free and reduced price School Breakfast and School
Lunch programs.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10048-05-0
A. 7515--A 2
Despite the long-standing, successful history of Child Health Plus in
New York state, hundreds of thousands of children are not participating
in this vitally necessary and important public health program. Uninsured
children comprise approximately 10%, or approximately 250,000 of the 2.6
million uninsured people in New York state. Of these 250,000 children,
220,000 are eligible for, but not participating in either Medicaid or
Child Health Plus.
The legislature further finds that the impact on children who are
uninsured, and particularly poor children, is serious because leaving
treatable and preventable conditions undiagnosed and untreated can have
lifelong adverse effects on their functioning and opportunities. Delayed
or missed care also cuts children off from routine health care provided
in primary care settings that includes child-specific, age-appropriate
screening, diagnosis and treatment of both chronic and acute conditions.
One-third (32.9%) of uninsured children in New York state go without any
medical care for the entire year in a society where 87.5% of insured
children receive care during the same period. Research shows that having
access to reliable and accountable primary health care is associated
with lower pediatric hospitalization rates for conditions that are
preventable with good primary care. In New York state, the gap in access
to health care is greater for minority children. Uninsured Hispanic
children are 10 times more likely than insured Hispanic children to not
receive the medical care they need. Uninsured African-American children
are 20 times more likely than insured African-American children to not
receive necessary medical care.
Since the majority of children who are eligible for but not partic-
ipating in Child Health Plus are attending school, the legislature finds
it necessary to improve coordination between these two health and nutri-
tion programs so that children who apply for and participate in either
free or reduced price school meals are also enrolled in medicaid or
Child Health Plus.
S 3. Subparagraph (iii) of paragraph (f) of subdivision 2 of section
2511 of the public health law, as added by section 44 of part A of chap-
ter 1 of the laws of 2002, is amended to read as follows:
(iii) Income documentation shall include, but not be limited to, one
or more of the following for each parent and legally responsible adult
who is a member of the household and whose income is available to the
child;
(A) current annual income tax returns;
(B) paycheck stubs;
(C) written documentation of income from all employers; or
(D) WRITTEN DOCUMENTATION OF INCOME ELIGIBILITY OF A CHILD FOR FREE OR
REDUCED BREAKFAST OR LUNCH THROUGH THE SCHOOL MEAL PROGRAM CERTIFIED BY
THE CHILD'S SCHOOL, PROVIDED THAT:
(I) THE COMMISSIONER MAY VERIFY THE ACCURACY OF THE INFORMATION
PROVIDED IN THE SAME MANNER AND WAY AS PROVIDED FOR IN SUBPARAGRAPH (II)
OF THIS PARAGRAPH; AND
(II) SUCH DOCUMENTATION MAY NOT BE SUITABLE PROOF OF INCOME IN THE
EVENT OF A MATERIAL INCONSISTENCY IN INCOME AFTER THE COMMISSIONER HAS
PERFORMED VERIFICATION PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH;
OR
(E) other documentation of income (earned or unearned) as determined
by the commissioner, provided, however, such documentation shall set
forth the source of such income.
A. 7515--A 3
S 4. Paragraph (d) of subdivision 5 of section 366-a of the social
services law, as amended by section 1 of part R of chapter 58 of the
laws of 2009, is amended to read as follows:
(d) In order to establish place of residence and income eligibility
under this title at recertification, a recipient of assistance under
this title shall attest to place of residence and to all information
regarding the household's income that is necessary and sufficient to
determine such eligibility; provided, however, that this paragraph shall
not apply to persons described in subparagraph two of paragraph (a) of
subdivision one of section three hundred sixty-six of this title, or to
persons receiving long term care services, as defined in paragraph (b)
of subdivision two of this section[; and provided, further, that a non-
applying]. A legally responsible relative APPLYING OR recertifying on
behalf of a recipient of assistance who is under the age of twenty-one
years shall be permitted to attest to household income under this para-
graph only if the social security numbers of all legally responsible
relatives are provided to the district. SUCH PROOF OF HOUSEHOLD INCOME
SHALL INCLUDE, BUT NOT BE LIMITED TO, WRITTEN DOCUMENTATION OF INCOME
ELIGIBILITY OF A CHILD FOR FREE OR REDUCED BREAKFAST OR LUNCH THROUGH
THE SCHOOL MEAL PROGRAM CERTIFIED BY THE CHILD'S SCHOOL, PROVIDED THAT:
(I) THE COMMISSIONER OF HEALTH MAY VERIFY THE ACCURACY OF SUCH INFORMA-
TION IN THE SAME MANNER AND WAY AS PROVIDED FOR IN PARAGRAPH (E) OF THIS
SUBDIVISION; AND (II) SUCH DOCUMENTATION MAY NOT BE SUITABLE PROOF OF
INCOME IN THE EVENT OF A MATERIAL INCONSISTENCY IN INCOME AFTER THE
COMMISSIONER OF HEALTH HAS PERFORMED VERIFICATION PURSUANT TO PARAGRAPH
(E) OF THIS SUBDIVISION. Provided, however, for purposes of recertif-
ication for assistance under this title for a recipient of medicaid
waiver services provided or authorized by the office of mental retarda-
tion and developmental disabilities, beginning on or after January
first, two thousand ten, such recipient may be permitted, as determined
by the commissioner of health, to attest to place of residence and to
all information regarding the household's income and/or resources that
are necessary to determine such eligibility.
S 5. This act shall take effect June 1, 2011 and shall apply to the
2011-2012 academic year.