S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2237
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sens.  RIVERA, BRESLIN, BRISPORT, BROUK, CLEARE, COMRIE,
   COONEY, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY,  HOYLMAN-SIGAL,  JACK-
   SON,  KAVANAGH,  KENNEDY,  LIU,  MAY,  MAYER,  MYRIE, PARKER, PERSAUD,
   RAMOS, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY  --  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  FIFTY  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 IMMI-
 GRATION STATUS, BUT OTHERWISE  MEETS  THE  ELIGIBILITY  REQUIREMENTS  IN
 PARAGRAPHS (B) AND (C) OF SUBDIVISION THREE OF THIS SECTION.
   §  2.  Within  ninety  days of the effective date of this section, the
 commissioner of health shall apply for any  and  all  necessary  waivers
 and/or  approvals for utilizing monies in the basic health program trust
 fund established pursuant section 97-oooo of the state finance law, or a
 pass-through fund for the purposes of  implementing  and  operating  the
 basic health plan for individuals made eligible for coverage pursuant to
 subdivision 3-a of section 369-gg of the social services law. Within ten
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04552-01-3
              

 S. 2237                             2
 
 days  of  a final federal determination being made related to the use of
 such funds, the commissioner of health shall notify the  chairs  of  the
 assembly  ways  and  means  committee  and senate finance committee, the
 chairs  of the assembly and senate health committee, and the legislative
 bill drafting commission of such outcome 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.
   §  3.  Clause (a) of subparagraph 4 of paragraph g of subdivision 1 of
 section 366 of the social services law, as added by section  2  of  part
 AAA of chapter 56 of the laws of 2022, is amended to read as follows:
   (a)  Applicants  and  recipients  who are age [sixty-five] NINETEEN or
 older, who are otherwise eligible  for  medical  assistance  under  this
 section,  but  for  their  immigration  status, are eligible for medical
 assistance according to the following:
   § 4. This act shall take effect immediately; provided, however:
   1. that section one of this act shall take effect on the  one  hundred
 eightieth day after the legislative bill drafting commission is notified
 that  a favorable federal determination has been made related to the use
 of funds pursuant to section two of this act as certified by the commis-
 sioner of health;
   2. that section three of this act shall take effect on the one hundred
 eightieth day after the legislative bill drafting commission is notified
 that a unfavorable federal determination has been made  related  to  the
 use  of  funds  pursuant  to section two of this act as certified by the
 commissioner of health;
   3. section one of this act shall expire and be  deemed  repealed  upon
 notification  of the legislative bill drafting commission by the commis-
 sioner of health pursuant to section two of this act that an unfavorable
 federal determination related to the use of funds has been made;
   4. section three of this act shall expire and be deemed repealed  upon
 notification  of the legislative bill drafting commission by the commis-
 sioner of health pursuant to section two of this act  that  a  favorable
 federal determination related to the use of funds has been made.
   Effective  immediately,  the  commissioner  of health shall make regu-
 lations and take other actions reasonably necessary  to  implement  this
 act on that date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2237--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sens.  RIVERA,  BAILEY,  BRESLIN,  BRISPORT, BROUK, CHU,
   CLEARE, COMRIE,  COONEY,  FERNANDEZ,  GIANARIS,  GONZALEZ,  GOUNARDES,
   HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACKSON, KAVANAGH, KENNEDY, KRUEGER,
   LIU,  MAY,  MAYER,  MYRIE,  PARKER,  PERSAUD, RAMOS, SALAZAR, SANDERS,
   SEPULVEDA, SERRANO, STAVISKY, THOMAS, WEBB -- read twice  and  ordered
   printed,  and  when printed to be committed to the Committee on Health
   -- reported favorably from said committee and committed to the Commit-
   tee  on  Finance  --  committee  discharged,  bill  amended,   ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Health in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the social services law, in relation to coverage for
   certain individuals under the 1332 state innovation program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  369-ii  of  the social services law, as added by
 section 3 of part H of chapter 57 of the laws of  2023,  is  amended  to
 read as follows:
   §  369-ii.  1332 state innovation program. 1. Authorization.  Notwith-
 standing section three hundred sixty-nine-gg of this title,  subject  to
 federal  approval, if it is in the financial interest of the state to do
 so, the commissioner of health is authorized, with the approval  of  the
 director  of  the  budget,  to establish a 1332 state innovation program
 pursuant to section 1332 of the patient protection and  affordable  care
 act  (P.L.  111-148)  and subdivision twenty-five of section two hundred
 sixty-eight-c of the public health law.  The  commissioner  of  health's
 authority  pursuant  to  this  section  is contingent upon obtaining and
 maintaining all necessary approvals from the  secretary  of  health  and
 human services and the secretary of the treasury based on an application
 for  a  waiver  for  state  innovation. The commissioner of health [may]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04552-06-3
              

 S. 2237--B                          2
 
 SHALL take all actions necessary to  obtain  such  approvals,  INCLUDING
 SEEKING ANY NECESSARY APPROVALS FOR AMENDMENTS TO THE WAIVER.
   2. Definitions. For the purposes of this section:
   (a)  "Eligible  organization"  means  an  insurer licensed pursuant to
 article thirty-two or forty-two of the insurance law, a  corporation  or
 an  organization  under  article forty-three of the insurance law, or an
 organization certified under article forty-four  of  the  public  health
 law,  including  providers  certified  under  section forty-four hundred
 three-e of the public health law.
   (b) "Approved organization" means an eligible organization approved by
 the commissioner of health to underwrite a 1332 state innovation  health
 insurance plan pursuant to this section.
   (c) "Health care services" means:
   (i) the services and supplies as defined by the commissioner of health
 in consultation with the superintendent of financial services, and shall
 be  consistent  with  and  subject  to  the essential health benefits as
 defined by the commissioner in accordance with  the  provisions  of  the
 patient protection and affordable care act (P.L. 111-148) and consistent
 with the benefits provided by the reference plan selected by the commis-
 sioner  of  health for the purposes of defining such benefits, and shall
 include coverage of and access to the services of  any  national  cancer
 institute-designated  cancer center licensed by the department of health
 within the service area of the approved organization that is willing  to
 agree  to  provide  cancer-related  inpatient,  outpatient  and  medical
 services to all enrollees  in  approved  organizations'  plans  in  such
 cancer  center's  service area under the prevailing terms and conditions
 that the approved organization requires of other similar providers to be
 included in the approved  organization's  network,  provided  that  such
 terms  shall  include  reimbursement  of such center at no less than the
 fee-for-service medicaid payment rate and methodology applicable to  the
 center's inpatient and outpatient services;
   (ii)  dental  and  vision  services  as defined by the commissioner of
 health, and
   (iii) as defined by the commissioner of health and subject to  federal
 approval,  certain  services and supports provided to enrollees who have
 functional limitations and/or chronic illnesses that  have  the  primary
 purpose of supporting the ability of the enrollee to live or work in the
 setting  of  their  choice,  which  may include the individual's home, a
 worksite, or a provider-owned or controlled residential setting.
   (d) "Qualified health plan" means a health plan that meets the  crite-
 ria  for  certification described in § 1311(c) of the patient protection
 and affordable care act (P.L. 111-148), and is  offered  to  individuals
 through  the  NY  State  of  Health, the official health Marketplace, or
 Marketplace, as defined  in  subdivision  two  of  section  two  hundred
 sixty-eight-a of the public health law.
   (e) "Basic health insurance plan" means a health plan providing health
 care  services,  separate and apart from qualified health plans, that is
 issued by an approved organization  and  certified  in  accordance  with
 section three hundred sixty-nine-gg of this title.
   (f)  "1332 state innovation plan" means a standard health plan provid-
 ing health care services, separate and apart  from  a  qualified  health
 plan  and  a  basic health insurance plan, that is issued by an approved
 organization and certified in accordance with this section.
   3. State innovation plan eligible individual. (a) A person is eligible
 to receive coverage for health care under this section if they:
 S. 2237--B                          3
 
   (i) reside in New York state and are under sixty-five  years  of  age,
 INCLUDING  INDIVIDUALS  THAT ARE INELIGIBLE FOR THE BASIC HEALTH PROGRAM
 UNDER 42 U.S.C.  SECTION  18051  ON  THE  BASIS  OF  IMMIGRATION  STATUS
 PROVIDED  THEY  ARE  DETERMINED ELIGIBLE PURSUANT TO SUBDIVISION NINE OF
 THIS  SECTION  AND ARE DETERMINED ELIGIBLE THROUGH THE WAIVER PROCESS TO
 RECEIVE COVERAGE UNDER THIS SECTION REGARDLESS OF DIRECT FEDERAL  FINAN-
 CIAL SUPPORT FOR SUCH INDIVIDUALS;
   (ii)  are  not  eligible  for medical assistance under title eleven of
 this article, EXCLUDING ELIGIBILITY FOR LIMITED MEDICAL  ASSISTANCE  FOR
 THE  TREATMENT  OF AN EMERGENCY MEDICAL CONDITION AUTHORIZED PURSUANT TO
 42 U.S.C. 1396, or for the child  health  insurance  plan  described  in
 title one-A of article twenty-five of the public health law;
   (iii)  are  not eligible for minimum essential coverage, as defined in
 section 5000A(f) of the Internal Revenue Service Code  of  1986,  or  is
 eligible  for  an  employer-sponsored  plan  that  is not affordable, in
 accordance with section 5000A(f) of such code; and
   (iv) have household income at or below two hundred  fifty  percent  of
 the  federal  poverty  line  defined  and annually revised by the United
 States department of health and human services for a  household  of  the
 same  size;  and  has  household income that exceeds one hundred thirty-
 three percent of the federal poverty line defined and  annually  revised
 by  the  United  States  department  of  health and human services for a
 household of the  same  size;  PROVIDED,  however,  THAT  MAGI  eligible
 noncitizens  lawfully present in the United States, AND INDIVIDUALS THAT
 ARE INELIGIBLE FOR THE BASIC HEALTH  PROGRAM  UNDER  42  U.S.C.  SECTION
 18051  ON  THE  BASIS OF IMMIGRATION STATUS with household incomes at or
 below one hundred thirty-three percent of the federal poverty line shall
 be eligible to receive coverage for health care services pursuant to the
 provisions of this section [if such noncitizen would be  ineligible  for
 medical assistance under title eleven of this article due to their immi-
 gration status].
   (b)  Subject to federal approval, a child born to an individual eligi-
 ble for and receiving coverage for health care services pursuant to this
 section who but for their eligibility under this section would be eligi-
 ble for coverage pursuant to subparagraphs two or four of paragraph  (b)
 of  subdivision  one of section three hundred sixty-six of this article,
 shall be administratively enrolled, as defined by  the  commissioner  of
 health,  in  medical assistance and to have been found eligible for such
 assistance on the date of such birth and to  remain  eligible  for  such
 assistance for a period of one year.
   (c) Subject to federal approval, an individual who is eligible for and
 receiving  coverage for health care services pursuant to this section is
 eligible to continue to receive health care services  pursuant  to  this
 section  during  the individual's pregnancy and for a period of one year
 following the end of the pregnancy without regard to any change  in  the
 income  of  the household that includes the pregnant individual, even if
 such change would render the pregnant individual ineligible  to  receive
 health care services pursuant to this section.
   (d)  For  the  purposes of this section, 1332 state innovation program
 eligible individuals are prohibited  from  being  treated  as  qualified
 individuals  under section 1312 of the Affordable Care Act and as eligi-
 ble individuals under section 1331 of the ACA and enrolling in qualified
 health plan through the Marketplace or standard health plan through  the
 Basic Health Program.
   4.  Enrollment.  (a)  Subject to federal approval, the commissioner of
 health is authorized to establish an application and  enrollment  proce-
 S. 2237--B                          4
 
 dure  for prospective enrollees. Such procedure will include a verifica-
 tion system for applicants, which must  be  consistent  with  42  USC  §
 1320b-7.
   (b) Such procedure shall allow for continuous enrollment for enrollees
 to  the  1332 state innovation program where an individual may apply and
 enroll for coverage at any point.
   (c) Upon an applicant's enrollment in a 1332  state  innovation  plan,
 coverage  for  health  care  services pursuant to the provisions of this
 section shall be retroactive to the first day of the month in which  the
 individual  was determined eligible, except in the case of program tran-
 sitions within the Marketplace.
   (d) A person who has enrolled for coverage pursuant to  this  section,
 and who loses eligibility to enroll in the 1332 state innovation program
 for  a  reason other than [citizenship status,] lack of state residence,
 [failure to provide a valid social security number,]  providing  inaccu-
 rate information that would affect eligibility when requesting or renew-
 ing  health  coverage  pursuant  to  this section, or failure to make an
 applicable premium payment, before the end  of  a  twelve  month  period
 beginning  on the effective date of the person's initial eligibility for
 coverage, or before the end of a twelve month period  beginning  on  the
 date  of  any  subsequent determination of eligibility, shall have their
 eligibility for coverage continued until the end of  such  twelve  month
 period,  provided  that  the  state  receives federal approval for using
 funds under an approved 1332 waiver.
   5. Premiums. Subject to federal approval, the commissioner  of  health
 shall  establish  premium  payments enrollees in a 1332 state innovation
 plan shall pay to approved organizations for  coverage  of  health  care
 services pursuant to this section. Such premium payments shall be estab-
 lished in the following manner:
   (a)  up  to fifteen dollars monthly for an individual with a household
 income above two hundred percent of the federal poverty line but  at  or
 below  two hundred fifty percent of the federal poverty line defined and
 annually revised by the United States department  of  health  and  human
 services for a household of the same size; and
   (b)  no payment is required for individuals with a household income at
 or below two hundred percent of the federal  poverty  line  defined  and
 annually  revised  by  the  United States department of health and human
 services for a household of the same size.
   6. Cost-sharing. The commissioner of health shall establish cost-shar-
 ing obligations for enrollees, subject to  federal  approval,  including
 childbirth  and  newborn  care  consistent  with  the medical assistance
 program under title eleven of this article. There shall be no cost-shar-
 ing obligations for enrollees for:
   (a) dental and vision services as  defined  in  subparagraph  (ii)  of
 paragraph (c) of subdivision two of this section; and
   (b)  services  and  supports as defined in subparagraph (iii) of para-
 graph (c) of subdivision two of this section.
   7. Rates of payment. (a) The commissioner of health shall  select  the
 contract  with an independent actuary to study and recommend appropriate
 reimbursement methodologies for the cost of health care service coverage
 pursuant to this section. Such independent actuary shall review and make
 recommendations concerning appropriate actuarial assumptions relevant to
 the establishment of  reimbursement  methodologies,  including  but  not
 limited  to;  the  adequacy of rates of payment in relation to the popu-
 lation to be served adjusted for case mix,  the  scope  of  health  care
 S. 2237--B                          5

 services  approved  organizations  must provide, the utilization of such
 services and the network of providers required to meet state standards.
   (b)  Upon  consultation  with  the  independent  actuary  and entities
 representing approved organizations, the commissioner  of  health  shall
 develop  reimbursement  methodologies  and fee schedules for determining
 rates of payment, which rates shall be approved by the director  of  the
 division  of the budget, to be made by the department to approved organ-
 izations for the cost of health care services coverage pursuant to  this
 section.  Such reimbursement methodologies and fee schedules may include
 provisions for capitation arrangements.
   (c) The commissioner of health shall have the authority to  promulgate
 regulations,  including  emergency  regulations, necessary to effectuate
 the provisions of this subdivision.
   (d) The department of health shall  require  the  independent  actuary
 selected  pursuant  to  paragraph  (a)  of this subdivision to provide a
 complete actuarial report, along with all actuarial assumptions made and
 all other data, materials and methodologies used in the  development  of
 rates  for the 1332 state innovation plan authorized under this section.
 Such report shall be provided annually to the temporary president of the
 senate and the speaker of the assembly.
   8. An individual who is lawfully  admitted  for  permanent  residence,
 permanently  residing in the United States under color of law, or who is
 a non-citizen in a valid nonimmigrant status, as  defined  in  8  U.S.C.
 1101(a)(15),  and  who  would be ineligible for medical assistance under
 title eleven of this article due to  their  immigration  status  if  the
 provisions  of  section  one  hundred  twenty-two  of  this chapter were
 applied, shall be considered to be ineligible for medical assistance for
 purposes of paragraphs (b) and (c) of subdivision three of this section.
   9. (A) IN DETERMINING ELIGIBILITY FOR RESIDENTS OF THE STATE THAT  ARE
 INELIGIBLE FOR THE BASIC HEALTH PROGRAM UNDER 42 U.S.C. SECTION 18051 ON
 THE  BASIS  OF  IMMIGRATION STATUS, THE COMMISSIONER OF HEALTH MAY PLACE
 LIMITATIONS ON ENROLLMENT TO  ENSURE  THAT  THE  COSTS  ASSOCIATED  WITH
 RENDERING  SERVICES TO THIS POPULATION DO NOT EXCEED THE REVENUES ANTIC-
 IPATED TO BE TRANSFERRED TO THE  1332  STATE  INNOVATION  PROGRAM  FUND,
 PURSUANT  TO  SECTION NINETY-EIGHT-D OF THE STATE FINANCE LAW. IN ESTAB-
 LISHING ANY LIMITATIONS PURSUANT TO THIS SUBDIVISION THE COMMISSIONER OF
 HEALTH SHALL ENROLL AS MANY INDIVIDUALS AS REASONABLY PRACTICABLE  WHILE
 ENSURING  CONTINUAL  COVERAGE  FOR  SUCH ADDITIONAL INDIVIDUALS BASED ON
 CURRENT AND ANTICIPATED 1332 STATE INNOVATION PROGRAM FUND RESERVES.
   (B) IN DETERMINING ANY LIMITATIONS ON ENROLLMENT, THE COMMISSIONER  OF
 HEALTH  SHALL  DETERMINE  INCOME BANDS FOR SUCH INDIVIDUALS FROM ZERO TO
 TWO HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND  ANNU-
 ALLY  REVISED  BY  THE  UNITED  STATES  DEPARTMENT  OF  HEALTH AND HUMAN
 SERVICES FOR A HOUSEHOLD OF THE SAME SIZE. THE  COMMISSIONER  OF  HEALTH
 SHALL  PRIORITIZE  THE  ENROLLMENT OF INDIVIDUALS FROM THE LOWEST INCOME
 BAND FIRST AND THEN THE REMAINING INCOME BANDS IN ASCENDING ORDER.
   (C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF  THIS  SUBDIVI-
 SION,  THE  COMMISSIONER OF HEALTH MAY ALSO INCLUDE SUBSETS OF THE POPU-
 LATION WHOSE CONTINUED HEALTH AND WELL-BEING WOULD BE  SIGNIFICANTLY  AT
 RISK  WITHOUT  ROUTINE  ACCESS  TO HEALTH CARE. POPULATION SUBSETS TO BE
 PRIORITIZED FOR ENROLLMENT SHALL BE DETERMINED BY  THE  COMMISSIONER  OF
 HEALTH  AND  SHALL  INCLUDE  BUT NOT BE LIMITED TO: (I) INDIVIDUALS WITH
 LIFE THREATENING CONDITIONS, (II) INDIVIDUALS IN NEED OF AN ORGAN TRANS-
 PLANT; AND (III) INDIVIDUALS WITH SIGNIFICANT BEHAVIORAL  HEALTH  ISSUES
 INCLUDING  BUT  NOT  LIMITED  TO SERIOUS MENTAL ILLNESS OR SUBSTANCE USE
 DISORDER.
 S. 2237--B                          6
 
   10. THE COMMISSIONER IS AUTHORIZED TO SEEK A WAIVER OR OTHER  APPLICA-
 BLE FEDERAL APPROVAL FOR ANY ADDITIONAL MONIES TO SUPPORT THE 1332 STATE
 INNOVATION PROGRAM THAT MAY BE ASSOCIATED WITH A REDUCTION IN THE UTILI-
 ZATION OF TREATMENT FOR AN EMERGENCY MEDICAL CONDITION AUTHORIZED PURSU-
 ANT TO 42 U.S.C. 1396. ANY ADDITIONAL MONIES SHALL BE TRANSFERRED TO THE
 1332 STATE INNOVATION PROGRAM FUND ESTABLISHED PURSUANT TO SECTION NINE-
 TY-EIGHT-D OF THE STATE FINANCE LAW AND USED FOR SUCH PURPOSES.
   11. Reporting. The commissioner of health shall submit a report to the
 temporary  president of the senate and the speaker of the assembly annu-
 ally by December thirty-first. The report shall include, at  a  minimum,
 an  analysis  of the 1332 state innovation program and its impact on the
 financial interest of the state; its impact on the Marketplace including
 enrollment and premiums; its impact on the number of uninsured  individ-
 uals in the state; its impact on the Medicaid global cap; ANY ENROLLMENT
 LIMITATIONS  ESTABLISHED  PURSUANT  TO  SUBDIVISION NINE OF THIS SECTION
 INCLUDING THE RATIONALE  AND  SUPPORTING  FISCAL  CALCULATIONS  USED  TO
 JUSTIFY  SUCH  LIMITATION,  INCLUDING ANY HISTORICAL DATA, IF AVAILABLE,
 FOR THE PREVIOUS THREE YEARS RELATED  TO  ANY  PREVIOUS  LIMITATIONS  OF
 ENROLLMENT,  FUNDS TRANSFERRED TO THE 1332 STATE INNOVATION PROGRAM FUND
 PURSUANT TO SECTION NINETY-EIGHT-D OF THE STATE FINANCE LAW, AND  TOTALS
 ON  ANY  SAVINGS  TO THE STATE DUE TO COVERAGE OF RESIDENTS OF THE STATE
 THAT ARE INELIGIBLE FOR THE BASIC HEALTH PROGRAM UNDER 42 U.S.C. SECTION
 18051 ON THE BASIS OF IMMIGRATION STATUS; and the  demographics  of  the
 1332  state  innovation  program enrollees including age and immigration
 status.
   [10.] 12. Severability. If the secretary of health and human  services
 or  the  secretary  of  the treasury do not approve any provision of the
 application for a state innovation waiver, such decision shall in no way
 affect or impair any other provisions that the secretaries  may  approve
 under this section.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as  section 3 of part H of chapter 57 of the laws of 2023, takes
 effect.