Senate Bill S8438

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8438
 
                             I N  S E N A T E
 
                               March 1, 2022
                                ___________
 
 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 medical  assist-
   ance eligibility of infants up to the age of three years
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraphs 2 and 3 of paragraph (b) of subdivision 1  of
 section  366 of the social services law, as added by section 1 of part D
 of chapter 56 of the laws of 2013, are amended to read as follows:
   (2) A pregnant woman or an infant younger than [one year] THREE  YEARS
 of  age  is  eligible for standard coverage if his or her MAGI household
 income does not exceed the MAGI-equivalent of two hundred percent of the
 federal poverty line for the applicable  family  size,  which  shall  be
 calculated  in  accordance  with guidance issued by the secretary of the
 United States department of health and  human  services,  or  an  infant
 younger  than  [one  year]  THREE YEARS of age who meets the presumptive
 eligibility requirements of subdivision four of  section  three  hundred
 sixty-four-i of this title.
   (3)  A child who is at least [one year] THREE YEARS of age but younger
 than nineteen years of age is eligible for standard coverage if  his  or
 her  MAGI  household  income  does not exceed the MAGI-equivalent of one
 hundred thirty-three percent of the federal poverty line for the  appli-
 cable family size, which shall be calculated in accordance with guidance
 issued  by  the  Secretary of the United States department of health and
 human services, or a child who is at least [one year] THREE YEARS of age
 but younger than nineteen years of age who meets the presumptive  eligi-
 bility  requirements of subdivision four of section three hundred sixty-
 four-i of this title.
   § 2. Subparagraphs 2 and 4  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, are amended to read as follows:
   (2) A child born to a woman eligible for and receiving medical assist-
 ance on the date of the child's birth shall be deemed  to  have  applied
 for  medical assistance and to have been found eligible for such assist-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14640-01-2
 S. 8438                             2
 
 ance on the date of such birth and to remain eligible for  such  assist-
 ance  for  a period of [one year] THREE YEARS, so long as the child is a
 member of the woman's household and the woman remains eligible for  such
 assistance  or  would  remain  eligible  for such assistance if she were
 pregnant.
   (4) An infant eligible under subparagraph two or four of paragraph (b)
 of subdivision one of this section who is receiving medically  necessary
 in-patient services for which medical assistance is provided on the date
 the  child  attains  [one  year]  THREE  YEARS  of age, and who, but for
 attaining such age, would remain eligible for medical  assistance  under
 such  subparagraph,  shall  continue to remain eligible until the end of
 the stay for which in-patient services are being furnished.
   § 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 actions reasonably necessary to
 implement this act on that date, including taking  all  steps  necessary
 and  using  best efforts   to   secure  federal financial  participation
 for  eligible beneficiaries under title XIX of the social security  act,
 for  the  purposes of   this   act,  including  the prompt submission of
 appropriate amendments to the medical assistance state plan.