Senate Bill S10698

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10698
 
                             I N  S E N A T E
 
                            September 11, 2026
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law, in relation to  universal  health
   care for children; and to repeal certain provisions of such law relat-
   ing thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a), (b) and (c) of  subdivision  6  of  section
 2510 of the public health law, as added by section 69 of part B of chap-
 ter 58 of the laws of 2005, are amended to read as follows:
   (a)  the  period  of eligibility for a child who ceases to be eligible
 because [he or she] THEY no longer [resides] RESIDE in New York state or
 [has access to or] obtained other health insurance coverage, as  defined
 by  the commissioner in consultation with the superintendent pursuant to
 paragraph (c) of subdivision two of section twenty-five  hundred  eleven
 of  this article, shall end the last day of the month in which the child
 ceases to be an eligible child; and
   (b) the period of eligibility for a child  who  becomes  eligible  for
 medical  assistance  shall  end  the last day of the [third] SIXTH month
 after the child becomes eligible for medical assistance[; and
   (c) the period of eligibility for  a  child  for  whom  an  applicable
 premium  payment  has  not  been  paid shall end in accordance with time
 frames and procedures determined by the commissioner].
   § 2. Subdivision 9 of section 2510 of the public health law is amended
 by adding a new paragraph (f) to read as follows:
   (F) FOR PERIODS ON OR AFTER JANUARY FIRST, TWO THOUSAND  TWENTY-EIGHT,
 NO PAYMENTS ARE REQUIRED FOR ELIGIBLE CHILDREN.
   §  3.  Subparagraphs (ii) and (iii) of paragraph (a) of subdivision  2
 of section 2511 of the public health law, subparagraph (ii)  as  amended
 by  section 28 of part A of chapter 58 of the laws of 2007, and subpara-
 graph (iii) as amended by section 30 of part D of chapter 56 of the laws
 of 2013, are amended and a new subparagraph (iv) is  added  to  read  as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16345-02-6
              

 S. 10698                            2
 
   (ii) effective July first, two thousand, resides in a household having
 a  gross  household  income at or below two hundred fifty percent of the
 non-farm federal poverty level (as defined and  updated  by  the  United
 States department of health and human services); [and]
   (iii)  effective  September  first,  two  thousand eight, resides in a
 household having a household income at or below four hundred percent  of
 the non-farm federal poverty level (as defined and updated by the United
 States department of health and human services); AND
   (IV)  EFFECTIVE  JANUARY  FIRST,  TWO THOUSAND TWENTY-EIGHT, HOUSEHOLD
 INCOME IS REMOVED AS A FACTOR FOR DETERMINING ELIGIBILITY;
   § 4.  Paragraph (b) of subdivision  2 of section 2511  of  the  public
 health law, as amended by chapter 639 of the laws of 1996, is amended to
 read as follows:
   (b)  is  not  eligible for medical assistance, except that a child who
 becomes eligible for medical assistance after becoming an eligible child
 under this title, may be eligible for  a  subsidy  payment  pursuant  to
 subdivision  three of this section as medical assistance for a period up
 to [three] SIX months after becoming eligible  for  medical  assistance;
 and
   §  5.  Paragraph  (f)  of  subdivision 2 of section 2511 of the public
 health law is REPEALED and a new paragraph  (f)  is  added  to  read  as
 follows:
   (F)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY
 AND SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION UNDER
 TITLE XIX OF THE FEDERAL SOCIAL SECURITY ACT, A CHILD UNDER THE  AGE  OF
 NINETEEN  SHALL  BE  PRESUMED  TO  BE  ELIGIBLE FOR SUBSIDY PAYMENTS AND
 TEMPORARILY ENROLLED FOR  COVERAGE  UNDER  THIS  TITLE,  ONCE  DURING  A
 TWELVE-MONTH  PERIOD, BEGINNING ON THE FIRST DAY OF THE ENROLLMENT PERI-
 OD. THE TEMPORARY ENROLLMENT PERIOD SHALL CONTINUE UNTIL AN  ELIGIBILITY
 DETERMINATION  IS  MADE  PURSUANT TO TITLE ELEVEN OF ARTICLE FIVE OF THE
 SOCIAL SERVICES LAW, OR TWO MONTHS AFTER THE DATE  TEMPORARY  ENROLLMENT
 BEGINS;  PROVIDED HOWEVER, A TEMPORARY ENROLLMENT PERIOD MAY BE EXTENDED
 IN THE EVENT AN ELIGIBILITY DETERMINATION UNDER TITLE ELEVEN OF  ARTICLE
 FIVE OF THE SOCIAL SERVICES LAW IS NOT MADE WITHIN SUCH TWO-MONTH PERIOD
 THROUGH  NO FAULT OF THE APPLICANT FOR INSURANCE FOR MEDICAL ASSISTANCE.
 THE COMMISSIONER SHALL ASSURE THAT CHILDREN WHO ARE ENROLLED PURSUANT TO
 THIS PARAGRAPH RECEIVE THE APPROPRIATE FOLLOW-UP FOR A DETERMINATION  OF
 ELIGIBILITY  FOR  BENEFITS  UNDER  TITLE  ELEVEN  OF ARTICLE FIVE OF THE
 SOCIAL SERVICES LAW PRIOR TO THE TERMINATION OF THE TEMPORARY ENROLLMENT
 PERIOD. THE COMMISSIONER SHALL ENSURE THAT CHILDREN AND  THEIR  FAMILIES
 ARE INFORMED OF ALL AVAILABLE ENROLLMENT SITES IN ACCORDANCE WITH SUBDI-
 VISION NINE OF THIS SECTION.
   §  6.  Subdivision  4  of  section  2511  of the public health law, as
 amended by section 21 of part D of chapter 56 of the laws  of  2013,  is
 amended to read as follows:
   4.  Households  shall  report  to  the  approved organization or state
 enrollment center, whichever is  applicable,  within  thirty  days,  any
 changes in New York state residency or health care coverage under insur-
 ance  that  may make a child ineligible for subsidy payments pursuant to
 this section. Any individual who, with the intent  to  obtain  benefits,
 willfully  misstates  [income  or]  residence  to  establish eligibility
 pursuant to subdivision two of this section or willfully fails to notify
 an approved organization or state enrollment center of a change in resi-
 dence or health care coverage pursuant to this subdivision  shall  repay
 such subsidy to the commissioner. Individuals seeking to enroll children
 S. 10698                            3
 
 for coverage shall be informed that such willful misstatement or failure
 to notify shall result in such liability.
   § 7. The commissioner of health shall, expeditiously and as necessary,
 submit  the appropriate   waivers,  including, but not limited to, those
 authorized under section 1115, title XIX, or title XXI  of  the  federal
 social  security act, or successor provisions, and any other waivers and
 state plan amendments necessary  to  secure  federal  financial  partic-
 ipation under this act.
   §  8. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.