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

                                  7277

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 27, 2009
                               ___________

Introduced  by M. of A. THIELE, BARRA, BURLING, FINCH, GIGLIO, McKEVITT,
  MOLINARO, RABBITT, RAIA, SALADINO, SCOZZAFAVA, WALKER  --  Multi-Spon-
  sored  by -- M. of A. CONTE -- read once and referred to the Committee
  on Health

AN ACT to amend the public health law, in relation to the  child  health
  insurance plan

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraphs (iii), (iv), (v) and (vi) of paragraph (c) of
subdivision 9 of section 2510 of the  public  health  law,  subparagraph
(iii)  as  amended  by section 26 of part A of chapter 58 of the laws of
2007, subparagraphs (iv), (v) and (vi) as amended by section 31 of  part
B of chapter 58 of the laws of 2008, are amended and a new paragraph (d)
is added to read as follows:
  (iii)  fifteen  dollars per month for each eligible child whose family
net household income is between one hundred eighty-six percent  and  one
hundred  ninety-two percent of the non-farm federal poverty level or the
gross equivalent of such net income, but no more than forty-five dollars
per month per family, and, effective July first, two  thousand,  fifteen
dollars  per  month  for  each eligible child whose family net household
income is between one hundred eighty-six percent and two  hundred  eight
percent of the non-farm federal poverty level or the gross equivalent of
such net income, but no more than forty-five dollars per month per fami-
ly[; and
  (iv) effective September first, two thousand eight, twenty].
  (D)  FOR  PERIODS  ON  OR  AFTER  SEPTEMBER  FIRST, TWO THOUSAND NINE,
AMOUNTS AS FOLLOWS:
  (I) NO PAYMENTS ARE REQUIRED FOR ELIGIBLE CHILDREN WHOSE FAMILY  GROSS
HOUSEHOLD  INCOME IS LESS THAN ONE HUNDRED SIXTY PERCENT OF THE NON-FARM
FEDERAL POVERTY LEVEL AND NO PAYMENTS ARE REQUIRED FOR ELIGIBLE CHILDREN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05290-01-9

              

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WHO ARE AMERICAN INDIANS OR ALASKAN NATIVES,  AS  DEFINED  BY  THE  U.S.
DEPARTMENT OF HEALTH AND HUMAN SERVICES; AND
  (II)  FIFTEEN  DOLLARS  PER MONTH FOR EACH ELIGIBLE CHILD WHOSE FAMILY
GROSS HOUSEHOLD INCOME IS BETWEEN ONE  HUNDRED  SIXTY  PERCENT  AND  TWO
HUNDRED TWENTY-TWO PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL, BUT NO
MORE THAN FORTY-FIVE DOLLARS PER MONTH PER FAMILY; AND
  (III)  TWENTY-FIVE  DOLLARS  PER  MONTH  FOR EACH ELIGIBLE CHILD WHOSE
FAMILY GROSS  HOUSEHOLD  INCOME  IS  BETWEEN  TWO  HUNDRED  TWENTY-THREE
PERCENT  AND  TWO  HUNDRED FIFTY PERCENT OF THE NON-FARM FEDERAL POVERTY
LEVEL, BUT NO MORE THAN SEVENTY-FIVE DOLLARS PER MONTH PER FAMILY.
  (E) FOR PERIODS ON OR AFTER JULY FIRST, TWO THOUSAND NINE, AMOUNTS  AS
FOLLOWS:
  (I) THIRTY-FIVE dollars per month for each eligible child whose family
gross  household  income  is  between  two hundred fifty-one percent and
three hundred percent of the non-farm federal poverty level, but no more
than [sixty] ONE HUNDRED FIVE dollars per month per family;
  [(v) effective September first, two thousand eight, thirty] AND
  (II) FIFTY-FIVE dollars per month for each eligible child whose family
gross household income is between three hundred one  percent  and  three
hundred fifty percent of the non-farm federal poverty level, but no more
than [ninety] ONE HUNDRED SIXTY-FIVE dollars per month per family; and
  [(vi) effective September first, two thousand eight, forty]
  (III)  SEVENTY-FIVE  dollars  per  month for each eligible child whose
family gross household income is between three hundred fifty-one percent
and four hundred TWENTY-FIVE percent of  the  non-farm  federal  poverty
level,  but  no  more  than [one hundred twenty] TWO HUNDRED TWENTY-FIVE
dollars per month per family.
  S 2. Subparagraph (iii) of paragraph (a) of subdivision 2  of  section
2511  of  the  public  health law, as amended by section 32 of part B of
chapter 58 of the laws of 2008, is amended to read as follows:
  (iii) effective [September] JULY first, two thousand eight, resides in
a household having a gross household income at  or  below  four  hundred
TWENTY-FIVE  percent  of  the non-farm federal poverty level (as defined
and updated  by  the  United  States  department  of  health  and  human
services);
  S 3. Clause (B) of subparagraph (ii) of paragraph (d) of subdivision 2
of  section  2511  of  the public health law, as amended by section 3 of
part OO of chapter 57 of the  laws  of  2008,  is  amended  to  read  as
follows:
  (B)  The  implementation  of clauses (A), (B), (C), (D), (E), (F), (G)
and (I) of subparagraph (i) of this paragraph for a child residing in  a
household  having a gross household income between two hundred fifty-one
and four hundred TWENTY-FIVE percent of  the  non-farm  federal  poverty
level  (as defined and updated by the United States department of health
and human services) shall take effect [September] JULY first, two  thou-
sand  eight;  provided however, the entirety of subparagraph (i) of this
paragraph shall take effect and be applied to such children on the  date
federal financial participation becomes available for such population in
accordance with the state's Title XXI child health plan. The commission-
er  shall  monitor the number of children who are subject to the waiting
period established pursuant to this clause.
  S 4. Subdivision 8 of section  2510  of  the  public  health  law,  as
amended by chapter 2 of the laws of 1998, is amended to read as follows:
  8.  "Subsidy payment" means a payment made to an approved organization
for the cost of covered health care services  coverage  to  an  eligible

A. 7277                             3

child  or children THE AMOUNT OF WHICH SHALL BE DETERMINED SOLELY BY THE
COMMISSIONER.
  S  5.  Subdivision  5  of  section  2511  of the public health law, as
amended by section 34 of part A of chapter 58 of the laws  of  2007,  is
amended to read as follows:
  5.  Notwithstanding  any inconsistent provisions of subdivision two of
this section, an individual who meets the criteria of paragraphs (b) and
(c) of subdivision two of this section but not the criteria of paragraph
(a) of  such  subdivision  may  be  enrolled  for  covered  health  care
services,  provided  however, that an approved organization shall not be
eligible to receive a subsidy payment for  providing  coverage  to  such
individuals. The cost of coverage shall be determined by the commission-
er[,  in consultation with the superintendent] and shall be no more than
the cost of providing such coverage.
  S 6. Paragraph (b) of subdivision 7 of  section  2511  of  the  public
health law, as amended by chapter 923 of the laws of 1990, is amended to
read as follows:
  (b)  The  commissioner, in consultation with the superintendent, shall
make a determination whether to approve, disapprove or recommend modifi-
cation of the proposal. In order for a proposal to be  approved  by  the
commissioner,  the  proposal must also be approved by the superintendent
with respect to the provisions of subparagraphs (viii) through  (X)  AND
(xii) of paragraph (a) of this subdivision.
  S  7.  This  act shall take effect immediately; provided, however that
the amendments to subdivision 8 and subparagraph (iii) of paragraph  (c)
of  subdivision  9  of  section  2510  of  the public health law made by
sections four and one of this act, respectively, shall  not  affect  the
expiration  of  such provisions and shall be deemed to expire therewith;
provided, however, that the amendments to subparagraph  (iii)  of  para-
graph  (a)  of  subdivision  2  and subdivision 5 of section 2511 of the
public health law made by section two and five of this act,  respective-
ly,  shall  not  affect  the  expiration of such provisions and shall be
deemed to expire therewith.