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
A. 7277 2
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.