Senate Bill S8618

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8618
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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  extending  eligi-
   bility for the child health insurance plan to young adults
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 4 of section 2510 of the public health law,  as
 amended by chapter 2 of the laws of 1998, is amended, and a new subdivi-
 sion 4-a is added to read as follows:
   4.  "Eligible  child" or "eligible children" means a person or persons
 [under the age of thirteen years for the period January first,  nineteen
 hundred ninety-one through December thirty-first, nineteen hundred nine-
 ty-three; born on or after June first, nineteen hundred eighty and under
 the  age  of  sixteen for a period commencing on or after January first,
 nineteen hundred ninety-four  through  December  thirty-first,  nineteen
 hundred  ninety-six; and for a person or persons enrolled in the program
 on the day before they are sixteen years of age, under the age of seven-
 teen for a period commencing on or after June  first,  nineteen  hundred
 ninety-five  through December thirty-first, nineteen hundred ninety-six;
 and] under the age of nineteen [for periods commencing on or after Janu-
 ary first, nineteen hundred ninety-seven,] who meets or meet the  crite-
 ria  in  section two thousand five hundred eleven of this title.  UNLESS
 THE CONTEXT CLEARLY REQUIRES OTHERWISE,  "ELIGIBLE  CHILD"  INCLUDES  AN
 ELIGIBLE YOUNG ADULT.
   4-A.  "ELIGIBLE  YOUNG  ADULT" MEANS A PERSON NINETEEN YEARS OF AGE OR
 OLDER BUT LESS THAN THE AGE OF THIRTY, WHO MEETS THE CRITERIA IN SECTION
 TWO THOUSAND FIVE HUNDRED ELEVEN OF THIS TITLE AND WHO IS  NOT  ELIGIBLE
 FOR  THE  BASIC HEALTH PROGRAM UNDER SECTION THREE HUNDRED SIXTY-NINE-GG
 OF THE SOCIAL SERVICES LAW OR A QUALIFIED HEALTH PLAN  THROUGH  THE  NEW
 YORK  STATE  OF  HEALTH  MARKETPLACE.  AN  ELIGIBLE YOUNG ADULT SHALL BE
 DEEMED TO BE HIS OR HER OWN LEGALLY RESPONSIBLE ADULT FOR  THE  PURPOSES
 OF THIS TITLE.
   §  2.  Paragraph  (d)  of  subdivision 9 of section 2510 of the public
 health law, as amended by section 29 of part D of chapter 56 of the laws
 of 2013, is amended to read as follows:
   (d) for periods on or after July first, two thousand nine, amounts  as
              

 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11187-03-8

 S. 8618                             2
 
   (i)  no  payments  are required for eligible children UNDER THE AGE OF
 NINETEEN whose family household income is less than  one  hundred  sixty
 percent  of the non-farm federal poverty level and for eligible children
 UNDER THE AGE OF NINETEEN who are American Indians or  Alaskan  Natives,
 as  defined  by  the U.S. Department of Health and Human Services, whose
 family household income is less than two hundred  fifty-one  percent  of
 the non-farm federal poverty level; and
   (ii)  nine  dollars per month for each eligible child UNDER THE AGE OF
 NINETEEN whose family 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 twenty-seven dollars per month per fami-
 ly; and
   (iii) fifteen dollars per month for each eligible child UNDER THE  AGE
 OF  NINETEEN  whose family household income is between two hundred twen-
 ty-three percent and two hundred fifty percent of the  non-farm  federal
 poverty level, but no more than forty-five dollars per month per family;
 and
   (iv) thirty dollars per month for each eligible child UNDER THE AGE OF
 NINETEEN  whose family household income is between two hundred fifty-one
 percent and three hundred percent of the non-farm federal poverty level,
 but no more than ninety dollars per month per family;
   (v) forty-five dollars per month for each eligible child UNDER THE AGE
 OF NINETEEN whose family household income is between three  hundred  one
 percent  and three hundred fifty percent of the non-farm federal poverty
 level, but no more than one hundred thirty-five dollars  per  month  per
 family; [and]
   (vi)  sixty dollars per month for each eligible child UNDER THE AGE OF
 NINETEEN whose family household income is between three  hundred  fifty-
 one  percent  and  four  hundred percent of the non-farm federal poverty
 level, but no more than one hundred eighty dollars per month  per  fami-
 ly[.];
   (VII)  NO PAYMENTS ARE REQUIRED FOR ELIGIBLE YOUNG ADULTS WHOSE HOUSE-
 HOLD INCOME IS AT OR BELOW ONE HUNDRED FIFTY  PERCENT  OF  THE  NON-FARM
 FEDERAL POVERTY LEVEL;
   (VIII)  TWENTY  DOLLARS  PER MONTH FOR EACH ELIGIBLE YOUNG ADULT WHOSE
 HOUSEHOLD INCOME IS ABOVE ONE HUNDRED FIFTY-ONE PERCENT OF THE  NON-FARM
 FEDERAL  POVERTY  LEVEL  BUT AT OR BELOW TWO HUNDRED PERCENT OF THE NON-
 FARM FEDERAL POVERTY LEVEL;
   (IX) ONE HUNDRED SIXTY DOLLARS PER MONTH FOR EACH ELIGIBLE YOUNG ADULT
 WHOSE HOUSEHOLD INCOME IS ABOVE TWO HUNDRED ONE PERCENT OF THE  NON-FARM
 FEDERAL  POVERTY  LEVEL BUT AT OR BELOW TWO HUNDRED FIFTY PERCENT OF THE
 NON-FARM FEDERAL POVERTY LEVEL; AND
   (X) A PREMIUM PAYMENT EQUIVALENT TO THE SECOND LOWEST  COSTING  SILVER
 PLAN  OFFERED  IN THE NEW YORK STATE OF HEALTH MARKETPLACE THAT WOULD BE
 AVAILABLE TO THE YOUNG ADULT IF ELIGIBLE FOR A  QUALIFIED  HEALTH  PLAN,
 NOT TO EXCEED THE AMOUNT OF A FULL MONTHLY PREMIUM PAYMENT FOR THE CHILD
 HEALTH  INSURANCE  PLAN  FOR  EACH  ELIGIBLE YOUNG ADULT WHOSE INCOME IS
 ABOVE TWO HUNDRED FIFTY-ONE PERCENT  OF  THE  NON-FARM  FEDERAL  POVERTY
 LEVEL.
   §  3.  This  act  shall  take  effect April 1, 2019; provided that the
 commissioner of health shall take such actions, including  making  regu-
 lations and applying for federal financial participation, as are reason-
 ably necessary for implementation of this act on that date.