NY State Senate Bill 2019-S7147A

Senate Bill S7147A

2019-2020 Legislative Session

Relates to extending the coverage period for medical assistance to a period of one year beginning on the last day of pregnancy

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 22, 2020	print number 7147a
Jan 22, 2020	amend (t) and recommit to finance reported and committed to finance
Jan 08, 2020	referred to health

Votes

- Jan 22, 2020 - Health Committee Vote
  S7147A
  
  11
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jan 22, 2020
      
      aye (11)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Hoylman-Sigal
      
      Kaminsky
      
      Little
      
      Metzger
      
      Montgomery
      
      Rivera
      
      Salazar
      
      Stavisky
      
      nay (1)
      
      Ortt
      
      aye wr (3)
      
      Gallivan
      
      Jacobs
      
      Ritchie

Bill Amendments

Original

A (Active)

2019-S7147 - Details

See Assembly Version of this Bill:: A9156
Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Amd §366, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S1411, A307

2019-S7147 - Summary

Extends the coverage period for medical assistance to a period of one year beginning on the last day of pregnancy.

2019-S7147 - Sponsor Memo

                                
 
BILL NUMBER: S7147

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the social services law, in relation to extending the
coverage period to a period of one year beginning on the last day of
pregnancy; and providing for the repeal of such provisions upon expira-
tion thereof

 
PURPOSE:

To extend Medicaid coverage for certain pregnant women who access cover-
age at higher income levels from the current 60 day period after a preg-
nancy to a year to help reduce maternal morality and morbidity.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends several parts of section 366-1(d) of the
social services law to extend the period during which Medicaid recipi-
ents eligible during pregnancy, continue to be eligible at the same

income levels for up to a year, instead of the current 60 days.

Section 2 of the bill directs the commissioner of health to immediately
take all steps necessary and use best efforts to secure federal finan-
cial participation and makes the change effective upon securing federal
financial participation.

 
EXISTING LAW:

Pregnant women are eligible for Medicaid at higher income levels, and
continue that coverage for 60 days after their pregnancy ends.

 
JUSTIFICATION:

New York State has high maternal mortality and morbidity rates with
clear racial disparities. In 2016 the state ranked 30th for maternal
mortality and black women are three times more likely to die from mater-
nal mortality than white women. Recognizing the importance of providing
women health care coverage following a birth, the federal government
provides Medicaid cost sharing and requires states to provide 60 days of
coverage following a birth. However, health care professionals agree
that sixty days of health care following a birth is woefully inadequate
and best practices to reduce maternal mortality and morbidity is a year
of coverage following a birth. This is sometimes referred to as the
"fourth trimester". In addition to the importance of monitoring a new
mother's physical well being, mental health services for maternal
depression and continue substance use disorder treatment services are
crucial.

Following this advice, bipartisan legislation in Congress, the Helping
Medicaid Offer Maternity Services Act of 2019, would offer states incen-
tives to make the change to one year. Several states also have proposals
to extend coverage for twelve months postpartum for women at higher
income levels for all or some of their health care needs.

Given New York's high maternal mortality and morbidity and racial
disparities, the state should work to extend coverage for a full year to
those women who would otherwise be ineligible for ongoing Medicaid.
Recognizing the current budget difficulties, this legislation directs
the Commissioner of Health to immediately seek federal financial partic-
ipation to provide the full year of coverage to those new mothers who
currently lose coverage after 60 days. This legislation will save lives
and allow children to grow up with their mothers.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To Be Determined, however it is dependent upon receiving federal finan-
cial participation so that will limit the costs

 
EFFECTIVE DATE:
Immediately

2019-S7147 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7147
 
                             I N  S E N A T E
 
                              January 8, 2020
                                ___________
 
 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  extending  the
   coverage  period  to a period of one year beginning on the last day of
   pregnancy; and providing for the repeal of such provisions upon  expi-
   ration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 3  of  paragraph  (d)  of  subdivision  1  and
 subparagraph  1  of paragraph (b) of subdivision 4 of section 366 of the
 social services law, subparagraph 3 of paragraph (d) of subdivision 1 as
 added by section 1 and subparagraph 1 of paragraph (b) of subdivision  4
 as  added  by section 2 of part D of chapter 56 of the laws of 2013, are
 amended to read as follows:
   (3) cooperates with the appropriate social services  official  or  the
 department  in  establishing paternity or in establishing, modifying, or
 enforcing a support order with respect to his or  her  child;  provided,
 however,  that  nothing herein contained shall be construed to require a
 payment under this title for care or services, the cost of which may  be
 met in whole or in part by a third party; notwithstanding the foregoing,
 a  social  services  official  shall not require such cooperation if the
 social services official or the department determines that such  actions
 would  be  detrimental  to the best interest of the child, applicant, or
 recipient, or with respect to pregnant women during pregnancy and during
 the [sixty-day] ONE-YEAR period beginning on the last day of  pregnancy,
 in accordance with procedures and criteria established by regulations of
 the department consistent with federal law; and
   (1)  A  pregnant  woman eligible for medical assistance under subpara-
 graph two or four of paragraph (b) of subdivision one of this section on
 any day of her pregnancy will continue to be eligible for such care  and
 services  [through the end of the month in which the sixtieth day] FOR A
 PERIOD OF ONE YEAR following the end of the pregnancy [occurs],  without
 regard to any change in the income of the family that includes the preg-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14484-04-9

 S. 7147                             2
 
 nant woman, even if such change otherwise would have rendered her ineli-
 gible for medical assistance.
   §  2.  This  act  shall take effect immediately; provided, however the
 commissioner of health shall immediately take all  steps  necessary  and
 shall  use  best efforts to secure federal financial participation under
 title XIX of the social security act, for the purposes of this  section,
 including  the  prompt submission of appropriate amendments to the title
 XIX state plan, and notwithstanding any provision of law to the  contra-
 ry,  the  provisions  of  this act shall be effective only if and for so
 long as federal financial participation is available  in  the  costs  of
 medical assistance furnished under this act; provided, further, that the
 commissioner  of  health  shall  notify  the  legislative  bill drafting
 commission upon the occurrence of the enactment of and,  if  applicable,
 the  expiration  of  the legislation provided for in section one of this
 act in order that the commission may maintain  an  accurate  and  timely
 effective data base of the official text of the laws of the state of New
 York  in furtherance of effectuating the provisions of section 44 of the
 legislative law and section 70-b of the public officers law.

co-Sponsors

View additional co-sponsors

2019-S7147A (ACTIVE) - Details

See Assembly Version of this Bill:: A9156
Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Amd §366, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S1411, A307

2019-S7147A (ACTIVE) - Summary

Extends the coverage period for medical assistance to a period of one year beginning on the last day of pregnancy.

2019-S7147A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7147A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the social services law, in relation to extending the
Medicaid coverage period for pregnancy

 
PURPOSE:

To extend Medicaid coverage for certain pregnant women who access cover-
age at higher income levels from the current 60 day period after a preg-
nancy to a year, if federal financial participation is provided, to help
reduce maternal mortality and morbidity.

 
SUMMARY OF PROVISIONS:

Sections 1 and 2 of the bill amends several parts of sections 366-1(d)
and 366-4(b) of the social services law to extend the period during
which Medicaid recipients eligible during pregnancy, continue to be
eligible at the same income levels for up to a year, instead of the

current 60 days if there is federal financial participation.

Section 3 of the bill provides an effective date and directs the commis-
sioner of health to immediately take all steps necessary and use best
efforts to secure federal financial participation.

 
EXISTING LAW:

Pregnant women are eligible for Medicaid at higher income levels, and
continue that coverage for 60 days after their pregnancy ends.

 
JUSTIFICATION:

New York State has high maternal mortality and morbidity rates with
clear racial disparities. In 2016 the state ranked 30th for maternal
mortality and black women are three times more likely to die from mater-
nal mortality than white women. Recognizing the importance of providing
women health care coverage following a birth, the federal government
provides Medicaid cost sharing and requires states to provide 60 days of
coverage following a birth. However, health care professionals agree
that sixty days of health care following a birth is woefully inadequate
and best practices to reduce maternal mortality and morbidity is a year
of coverage following a birth. This is sometimes referred to as the
"fourth trimester". In addition to the importance of monitoring a new
mother's physical well being, mental health services for maternal
depression and continue substance use disorder treatment services are
crucial.

Following this advice, bipartisan legislation in Congress, the Helping
Medicaid Offer Maternity Services Act of 2019, would offer states incen-
tives to make the change to one year. Several states also have proposals
to extend coverage for twelve months postpartum for women at higher
income levels for all or some of their health care needs.

Given New York's high maternal mortality and morbidity and racial
disparities, the state should work to extend coverage for a full year to
those women who would otherwise be ineligible for ongoing Medicaid.
Recognizing the current budget difficulties, this legislation directs
the Commissioner of Health to immediately seek federal financial partic-
ipation to provide the full year of coverage to those new mothers who
currently lose coverage after 60 days. This legislation will save lives
and allow children to grow up with their mothers.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined, however it is dependent upon receiving federal finan-
cial participation so that will limit the state costs.

 
EFFECTIVE DATE:
Immediately

2019-S7147A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7147--A
 
                             I N  S E N A T E
 
                              January 8, 2020
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health -- reported favora-
   bly from said committee and committed to the Committee on  Finance  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the social services law, in relation  to  extending  the
   Medicaid coverage period for pregnancy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 3 of paragraph (d) of subdivision 1 of section
 366 of the social services law, as added by section 1 of part D of chap-
 ter 56 of the laws of 2013, is amended to read as follows:
   (3) cooperates with the appropriate social services  official  or  the
 department  in  establishing paternity or in establishing, modifying, or
 enforcing a support order with respect to his or  her  child;  provided,
 however,  that  nothing herein contained shall be construed to require a
 payment under this title for care or services, the cost of which may  be
 met in whole or in part by a third party; notwithstanding the foregoing,
 a  social  services  official  shall not require such cooperation if the
 social services official or the department determines that such  actions
 would  be  detrimental  to the best interest of the child, applicant, or
 recipient, or with respect to pregnant women during pregnancy and during
 the sixty-day period, OR ONE YEAR PERIOD IF THERE IS  FEDERAL  FINANCIAL
 PARTICIPATION,  beginning  on  the  last day of pregnancy, in accordance
 with procedures and criteria established by regulations of  the  depart-
 ment consistent with federal law; and
   §  2.  Subparagraph 1 of paragraph (b) of subdivision 4 of section 366
 of the social services law, as added by section 2 of part D  of  chapter
 56 of the laws of 2013, is amended to read as follows:
   (1)  A  pregnant  woman eligible for medical assistance under subpara-
 graph two or four of paragraph (b) of subdivision one of this section on
 any day of her pregnancy will continue to be eligible for such care  and
 services  through the end of the month in which the sixtieth day follow-
 ing the end of the pregnancy occurs, OR FOR A PERIOD OF ONE YEAR FOLLOW-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14484-09-0

 S. 7147--A                          2
 
 ING  THE  END  OF  THE  PREGNANCY  IF   THERE   IS   FEDERAL   FINANCIAL
 PARTICIPATION,  without regard to any change in the income of the family
 that includes the pregnant woman, even if such  change  otherwise  would
 have rendered her ineligible for medical assistance.
   §  3.  This  act  shall take effect immediately.   The commissioner of
 health shall immediately take all steps necessary  and  shall  use  best
 efforts to secure federal financial participation under title XIX of the
 social  security act, for the purposes of this act, including the prompt
 submission of appropriate amendments to the title XIX state plan.

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