S T A T E O F N E W Y O R K
________________________________________________________________________
3900
2019-2020 Regular Sessions
I N S E N A T E
February 21, 2019
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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 social services law, in relation to coverage for
health care services under the basic health program for individuals
whose immigration status renders him or her ineligible for federal
financial participation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 369-gg of the social services law is amended by
adding a new subdivision 3-a to read as follows:
3-A. ALTERNATE ELIGIBILITY. A PERSON SHALL ALSO BE ELIGIBLE TO RECEIVE
COVERAGE FOR HEALTH CARE SERVICES UNDER THIS TITLE, WITHOUT REGARD TO
FEDERAL FINANCIAL PARTICIPATION, IF HE OR SHE IS A RESIDENT OF NEW YORK
STATE, HAS HOUSEHOLD INCOME BELOW TWO HUNDRED PERCENT OF THE FEDERAL
POVERTY LINE AS DEFINED AND ANNUALLY REVISED BY THE UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF THE SAME
SIZE, AND IS INELIGIBLE FOR FEDERAL FINANCIAL PARTICIPATION IN THE BASIC
HEALTH PROGRAM UNDER 42 U.S.C. SECTION 18051 ON THE BASIS OF IMMIGRATION
STATUS, BUT OTHERWISE MEETS THE ELIGIBILITY REQUIREMENTS IN PARAGRAPHS
(B) AND (C) OF SUBDIVISION THREE OF THIS SECTION. AN APPLICANT WHO FAILS
TO MAKE AN APPLICABLE PREMIUM PAYMENT SHALL LOSE ELIGIBILITY TO RECEIVE
COVERAGE FOR HEALTH CARE SERVICES IN ACCORDANCE WITH TIME FRAMES AND
PROCEDURES DETERMINED BY THE COMMISSIONER.
§ 2. The title heading of title 11-D of article 5 of the social
services law, as added by chapter 1 of the laws of 1999, is amended to
read as follows:
[FAMILY HEALTH PLUS PROGRAM] BASIC HEALTH PROGRAM
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the commissioner of
health shall make regulations and take other actions reasonably neces-
sary to implement this act on that date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.