The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3020
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04552-01-3

 A. 3020                             2
 
 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.