Senate Bill S2949

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

                                  2949

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 6, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law,  the  social  services  law  and  the
  public  health law, in relation to requiring children attending public
  schools to provide proof of health insurance coverage

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

  Section 1. The section heading of section 903 of the education law, as
amended  by chapter 281 of the laws of 2007, is amended and a new subdi-
vision 5 is added to read as follows:
  Students to furnish health certificates[; and] , dental health certif-
icates AND PROOF OF HEALTH INSURANCE COVERAGE.
  5. PROOF OF HEALTH INSURANCE  COVERAGE  SHALL  BE  FURNISHED  BY  EACH
STUDENT  IN  THE PUBLIC SCHOOLS UPON HIS OR HER ENTRANCE IN SUCH SCHOOLS
AND UPON HIS OR HER ENTRY INTO THE GRADES PRESCRIBED BY THE COMMISSIONER
IN REGULATIONS. WHERE A CHILD IS  UNABLE  TO  PROVIDE  PROOF  OF  HEALTH
INSURANCE  COVERAGE THE SUPERINTENDENT SHALL PROVIDE SUCH CHILD'S PARENT
OR LEGAL GUARDIAN WITH CONTACT INFORMATION  FOR  FACILITATED  ENROLLMENT
PROGRAMS  ESTABLISHED PURSUANT TO SECTION THREE HUNDRED SIXTY-NINE-EE OF
THE SOCIAL SERVICES LAW,  SECTION  TWENTY-FIVE  HUNDRED  ELEVEN  OF  THE
PUBLIC  HEALTH  LAW AND SECTION FOUR THOUSAND THREE HUNDRED TWENTY-SEVEN
OF THE INSURANCE LAW AND SHALL SEND A NOTICE REGARDING SUCH STUDENT TO A
LOCAL ORGANIZATION CONTRACTED TO PROVIDE FACILITATED ENROLLMENT  ASSIST-
ANCE PURSUANT TO SUCH SECTIONS.
  S  2.  Paragraph  (a) of subdivision 4 of section 369-ee of the social
services law, as added by chapter 1 of the laws of 1999, is  amended  to
read as follows:
  (a)  The  commissioner  shall  develop  and implement locally-tailored
education, outreach and facilitated enrollment  strategies  targeted  to
individuals  who  may be eligible for benefits under this title or title
eleven of this article. Such strategies shall include, but not be limit-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10041-01-9
              

S. 2949                             2

ed to, contracting with community-based organizations to perform  educa-
tion,  outreach  and  facilitated enrollment. In awarding the contracts,
the commissioner shall consider the extent to which  the  organizations,
or  coalitions  of organizations, are able to target efforts effectively
in geographic areas in which there is a  high  proportion  of  uninsured
individuals and a low proportion of eligible individuals receiving bene-
fits  under  title eleven of this article. In approving organizations to
undertake activities pursuant to  this  subdivision,  within  a  defined
geographic  region,  the  commissioner shall make a good faith effort to
ensure that the organizations are broadly inclusive of organizations  in
the  region  able  to target effectively individuals who may be eligible
for coverage under this title or  title  eleven  of  this  article.  THE
COMMISSIONER,  AND  ANY  ORGANIZATION  CONTRACTED TO PERFORM FACILITATED
ENROLLMENT UNDER THIS SUBDIVISION, SHALL PROVIDE UPDATED CONTACT  INFOR-
MATION  ON  JULY  FIRST  OF  EACH  YEAR  TO ANY SCHOOL DISTRICT WHICH IS
LOCATED WITHIN THE AREA SERVED BY SUCH ORGANIZATION. WHERE THERE  IS  NO
ORGANIZATION  PROVIDING FACILITATED ENROLLMENT SERVICES COVERING AN AREA
IN WHICH A SCHOOL DISTRICT IS LOCATED  THE  COMMISSIONER  SHALL  PROVIDE
SUCH  SCHOOL  DISTRICT WITH FACILITATED ENROLLMENT SERVICES FOR STUDENTS
WHO ARE UNABLE TO PROVIDE PROOF OF HEALTH INSURANCE COVERAGE PURSUANT TO
SECTION NINE HUNDRED THREE OF THE EDUCATION LAW.
  S 3. Paragraph (a) of subdivision 9 of  section  2511  of  the  public
health  law,  as amended by chapter 2 of the laws of 1998, is amended to
read as follows:
  (a) The commissioner  shall  develop  and  implement  locally-tailored
public education, outreach and facilitated enrollment strategies target-
ed  to  children  who  may  be eligible for benefits under this title or
title eleven of article  five  of  the  social  services  law,  and  may
contract  with  community  based organizations including but not limited
to, child advocacy organizations, providers, school-based health centers
and local government. In  awarding  contracts,  the  commissioner  shall
consider the extent to which such organizations, or coalitions of organ-
izations,  are  able to target efforts effectively in geographic regions
of the state where the proportion of children enrolled under this  title
and  title  eleven  of  article five of the social services law is lower
than other geographic regions of the state.  In  approving  entities  to
undertake  activities  pursuant  to  this  subdivision, within a defined
geographic region, the commissioner shall make a good  faith  effort  to
assure  that  a  coalition is broadly inclusive of organizations able to
target effectively children who may be eligible  under  this  title  and
title  eleven  of  article five of the social services law.  THE COMMIS-
SIONER, AND ANY ORGANIZATION CONTRACTED TO PERFORM  FACILITATED  ENROLL-
MENT  UNDER  THIS SUBDIVISION, SHALL PROVIDE UPDATED CONTACT INFORMATION
ON JULY FIRST OF EACH YEAR TO ANY SCHOOL DISTRICT WHICH IS LOCATED WITH-
IN THE AREA SERVED BY SUCH ORGANIZATION. WHERE THERE IS NO  ORGANIZATION
PROVIDING  FACILITATED  ENROLLMENT  SERVICES COVERING AN AREA IN WHICH A
SCHOOL DISTRICT IS LOCATED THE COMMISSIONER SHALL  PROVIDE  SUCH  SCHOOL
DISTRICT  WITH  FACILITATED  ENROLLMENT  SERVICES  FOR  STUDENTS WHO ARE
UNABLE TO PROVIDE PROOF OF HEALTH INSURANCE COVERAGE PURSUANT TO SECTION
NINE HUNDRED THREE OF THE EDUCATION LAW.
  S 4. Subdivision 9 of section  2511  of  the  public  health  law,  as
amended  by  chapter  639  of  the  laws  of 1996, is amended to read as
follows:
  9. The commissioner shall, within amounts available therefor, contract
with community-based and other marketing organizations for  purposes  of
public  education,  outreach,  and  recruitment  of  eligible  children,

S. 2949                             3

including the distribution of  applications  and  information  regarding
enrollment.  In awarding such contracts, the commissioner shall consider
the marketing, outreach and recruitment efforts  of  approved  organiza-
tions,  and  the  extent  to which such organizations are able to effec-
tively target efforts in geographic  regions  where  the  proportion  of
eligible  children  enrolled  under  this  title are lower than in other
geographic regions of the  state.  Community-based  organizations  shall
include,  but  not  be limited to: day care centers, schools, community-
based diagnostic and treatment centers, and hospitals.  THE  COMMISSION-
ER,  AND  ANY  ORGANIZATION CONTRACTED TO PERFORM FACILITATED ENROLLMENT
UNDER THIS SUBDIVISION, SHALL PROVIDE  UPDATED  CONTACT  INFORMATION  ON
JULY  FIRST  OF EACH YEAR TO ANY SCHOOL DISTRICT WHICH IS LOCATED WITHIN
THE AREA SERVED BY SUCH ORGANIZATION. WHERE  THERE  IS  NO  ORGANIZATION
PROVIDING  FACILITATED  ENROLLMENT  SERVICES COVERING AN AREA IN WHICH A
SCHOOL DISTRICT IS LOCATED THE COMMISSIONER SHALL  PROVIDE  SUCH  SCHOOL
DISTRICT  WITH  FACILITATED  ENROLLMENT  SERVICES  FOR  STUDENTS WHO ARE
UNABLE TO PROVIDE PROOF OF HEALTH INSURANCE COVERAGE PURSUANT TO SECTION
NINE HUNDRED THREE OF THE EDUCATION LAW.
  S 5. This act shall take effect on the first of July  next  succeeding
the  date  on  which it shall have become a law; provided, however, that
the amendments to subdivision 9 of section 2511  of  the  public  health
law,  made  by section three of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant to chapter 2 of the laws
of 1998, when upon such date the provisions of section four of this  act
shall take effect.