S T A T E O F N E W Y O R K
________________________________________________________________________
1010
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sen. BROUK -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to retroactive
enrollment in the Child Health Insurance Plan
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (i) of subdivision 2 of section 2511 of the
public health law is amended by adding two new subparagraphs (iii) and
(iv) to read as follows:
(III) A CHILD WHO MEETS THE ELIGIBILITY CRITERIA SET FORTH IN THIS
SUBDIVISION OR SUBDIVISION FIVE OF THIS SECTION, AS DETERMINED BY AN
APPROVED ORGANIZATION OR THE HEALTH INSURANCE EXCHANGE MARKETPLACE,
WHICHEVER IS APPLICABLE, SHALL BE ENROLLED RETROACTIVELY TO THE FIRST
DAY OF THE MONTH IN WHICH THE APPLICATION WAS SUBMITTED, PROVIDED THAT
THE APPLICANT FOR INSURANCE SUBMITS A COMPLETED AND SIGNED APPLICATION
AND REQUIRED INFORMATION AND DOCUMENTATION WITHIN SIXTY DAYS OF THE
ORIGINAL APPLICATION SUBMISSION.
(IV) A CHILD SHALL BE PRESUMED ELIGIBLE FOR SUBSIDY PAYMENTS UNDER
THIS SUBDIVISION OR ELIGIBLE FOR COVERAGE UNDER SUBDIVISION FIVE OF THIS
SECTION, PROVIDED THAT THE APPLICANT FOR INSURANCE SUBMITS A COMPLETED
AND SIGNED APPLICATION WITHIN SIXTY DAYS OF THE APPLICATION SUBMISSION.
ONCE ELIGIBILITY IS DETERMINED BY THE APPROVED ORGANIZATION OR THE
HEALTH INSURANCE EXCHANGE MARKETPLACE, WHICHEVER IS APPLICABLE, ON THE
BASIS OF PRELIMINARY INFORMATION, THE CHILD SHALL BE ENROLLED RETROAC-
TIVELY TO THE FIRST DAY OF THE MONTH IN WHICH THE APPLICATION WAS
SUBMITTED. ALL OTHER PROCEDURES AND STANDARDS REGARDING PRESUMPTIVE
ENROLLMENT APPLICABLE TO ELIGIBLE CHILDREN ENROLLED UNDER THIS TITLE AND
SPECIFIED IN STATE CONTRACTS WITH APPROVED ORGANIZATIONS OR IMPLEMENTED
BY THE HEALTH INSURANCE EXCHANGE MARKETPLACE, WHICHEVER IS APPLICABLE,
SHALL APPLY TO PRESUMPTIVE ENROLLMENT OF CHILDREN.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01935-01-5