S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7262
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 21, 2025
                                ___________
 
 Introduced by M. of A. BICHOTTE HERMELYN, LEVENBERG, SEAWRIGHT, EPSTEIN,
   HYNDMAN,  SIMON,  LUCAS,  ZACCARO,  DAVILA,  LUNSFORD -- read once and
   referred 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] PERSON or an infant  younger  than  [one  year]
 THREE YEARS of age is eligible for standard coverage if [his or her] THE
 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] THE MAGI household income does not exceed  the  MAGI-equivalent  of
 one  hundred  thirty-three  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 a child who is at least [one  year]  THREE
 YEARS  of  age  but  younger  than  nineteen  years of age who meets the
 presumptive eligibility requirements  of  subdivision  four  of  section
 three hundred sixty-four-i of this title.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11074-01-5
 A. 7262                             2
 
              

   §  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] GESTATIONAL PARENT eligible for and
 receiving medical assistance 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 assistance on the date of such  birth  and  to  remain
 eligible  for such assistance for a period of [one year] THREE YEARS, so
 long as the child is a member  of  the  [woman's]  GESTATIONAL  PARENT'S
 household  and  the [woman] GESTATIONAL PARENT remains eligible for such
 assistance or would remain eligible for such  assistance  if  [she]  THE
 GESTATIONAL PARENT 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.