Senate Bill S4057B

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4057

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 8, 2009
                               ___________

Introduced by Sens. STEWART-COUSINS, DIAZ, HASSELL-THOMPSON, MONTGOMERY,
  ONORATO,  OPPENHEIMER  --  read  twice  and  ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to  establishing  the
  child health plus and school meals enrollment coordination act of 2010

  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
2010".
  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.
  Despite the long-standing, successful history of Child Health Plus  in
New  York state, hundreds of thousands of children are not participating

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10048-01-9
              

S. 4057                             2

in this vitally necessary and important public health program. Uninsured
children comprise 17%, or approximately 476,000 of the 2.8 million unin-
sured people in New York state. Of these 476,000 children,  320,000  are
eligible for, but not participating in either Child Health Plus A (Medi-
caid) or Child Health Plus B.
  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 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; 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.
  S  4. The commissioner of health, the superintendent of insurance, and
the commissioner of education shall work  collaboratively  to  establish
and  implement a systematic reporting system pertaining to income eligi-
bility for children enrolled in school and  receiving  free  or  reduced
meals  through  the school meal program and shall immediately promulgate
any rule or regulation necessary for the implementation of this  act  on
or before its effective date.
  S  5.  This  act shall take effect June 1, 2010 and shall apply to the
2010-2011 academic school year.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4057--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 8, 2009
                               ___________

Introduced  by  Sens.  STEWART-COUSINS,  ADAMS,  DIAZ, HASSELL-THOMPSON,
  C. JOHNSON, KLEIN, KRUEGER, MONTGOMERY, ONORATO, OPPENHEIMER, SAMPSON,
  STAVISKY -- read twice and ordered printed, and  when  printed  to  be
  committed  to  the Committee on Health -- recommitted to the Committee
  on Health in accordance with  Senate  Rule  6,  sec.  8  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10048-04-0
              

S. 4057--A                          2

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.
  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

S. 4057--A                          3

  (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.
  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.