Assembly Bill A9378

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9378
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 19, 2025
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Ways and Means
 
 AN  ACT  to  amend the tax law and the public health law, in relation to
   providing expanded enrollment through New York state of health through
   tax returns; and to amend the public health law, in relation to allow-
   ing for enrollment through the New York state of health  at  any  time
   for first-time enrollees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The tax law is amended by adding a new section 664 to  read
 as follows:
   §  664. HEALTH MARKETPLACE ELIGIBILITY. THE COMMISSIONER SHALL REQUIRE
 THAT ALL INCOME TAX RETURNS ALLOW THE TAXPAYER TO REQUEST, BY CHECKING A
 BOX, TO BE INCLUDED ON THE RETURN, THAT THE DEPARTMENT OF HEALTH  REVIEW
 RELEVANT  AND  NECESSARY  TAXPAYER DATA IN ORDER TO PROVIDE THE TAXPAYER
 WITH INFORMATION RELATED TO THEIR  ELIGIBILITY  FOR  HEALTH  MARKETPLACE
 PROGRAMS,  PLANS,  AND AVAILABLE INCENTIVES. ADJACENT TO SUCH BOX, THERE
 SHALL BE A STATEMENT IN PROMINENT TYPE, "IF  YOU  CHECK  THIS  BOX,  YOU
 AFFIRM  THAT  YOU ARE UNINSURED, DO NOT HAVE EMPLOYER-SPONSORED COVERAGE
 AVAILABLE, AND ARE (1) REQUESTING THAT THE STATE  DEPARTMENT  OF  HEALTH
 REVIEW  NECESSARY  PORTIONS  OF  YOUR  TAX  FILING, (2) USE SUCH DATA AS
 NECESSARY TO MAKE DETERMINATIONS AS  TO  YOUR  ELIGIBILITY  FOR  MEDICAL
 ASSISTANCE  (MEDICAID), THE BASIC HEALTH PLAN (ESSENTIAL PLAN), OR PLANS
 THROUGH THE NY STATE OF HEALTH AND AVAILABLE INCENTIVES, AND (3) CONTACT
 YOU TO PROVIDE SUCH ELIGIBILITY INFORMATION."
   § 2. Section 206 of the public health law is amended by adding  a  new
 subdivision 32 to read as follows:
   32.  THE  COMMISSIONER SHALL CREATE A PROGRAM WITHIN THE DEPARTMENT TO
 ASSIST UNINSURED INDIVIDUALS WITHOUT  EMPLOYER-SPONSORED  COVERAGE  WITH
 ENROLLING IN HEALTH INSURANCE COVERAGE THROUGH STATE INCOME TAX FILINGS.
 THIS PROGRAM SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14134-01-5
              

 A. 9378                             2
 
   (A)  REVIEW  RELEVANT AND NECESSARY TAXPAYER DATA AUTHORIZED UNDER THE
 TAX LAW WITHIN THIRTY DAYS OF RECEIVING SUCH AUTHORIZATION;
   (B)  CONTACT  INDIVIDUALS  WHO  OPT TO HAVE THEIR TAX FILINGS REVIEWED
 WITHIN THIRTY DAYS OF SUCH REVIEW;
   (C) DETERMINE WHETHER AN INDIVIDUAL IS ELIGIBLE  FOR  MEDICAL  ASSIST-
 ANCE, CHILD HEALTH INSURANCE PLAN, OR BASIC HEALTH PLAN COVERAGE;
   (D) UPON DETERMINING AN INDIVIDUAL IS ELIGIBLE FOR MEDICAL ASSISTANCE,
 CHILD  HEALTH  INSURANCE PLAN, OR BASIC HEALTH PLAN COVERAGE, OFFER SUCH
 INDIVIDUALS AN INVITATION TO SELECT A PLAN, PROVIDED THAT THE INDIVIDUAL
 DOES NOT HAVE EMPLOYER-SPONSORED COVERAGE AVAILABLE; AND
   (E) IN THE CASE OF  INDIVIDUALS  INELIGIBLE  FOR  MEDICAL  ASSISTANCE,
 CHILD  HEALTH  INSURANCE  PLAN, OR BASIC HEALTH PLAN COVERAGE, PROVIDE A
 REFERRAL TO A NAVIGATOR CERTIFIED UNDER SUBDIVISION FIFTEEN  OF  SECTION
 TWO HUNDRED SIXTY-EIGHT-C OF THIS ARTICLE.
   § 3. Subdivision 5 of section 268-c of the public health law, as added
 by  section 2 of part T of chapter 57 of the laws of 2019, is amended to
 read as follows:
   5. Maintain enrollment periods in the best interest of qualified indi-
 viduals consistent with  federal  and  state  law.  SUCH  PERIODS  SHALL
 INCLUDE, BUT MAY NOT BE LIMITED TO:
   (A)  ALLOWING  SPECIAL  ENROLLMENT AT ANY TIME FOR CURRENTLY UNINSURED
 INDIVIDUALS ENROLLING IN THE MARKETPLACE FOR THE FIRST TIME WHO  DO  NOT
 HAVE EMPLOYER-SPONSORED COVERAGE AVAILABLE; AND
   (B)  ALLOWING  SPECIAL ENROLLMENT FOR UNINSURED INDIVIDUALS WHO DO NOT
 HAVE EMPLOYER-SPONSORED COVERAGE AVAILABLE ENROLLING THROUGH THE  ESTAB-
 LISHED INCOME TAX RETURN PROCESS.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.