Senate Bill S6918

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6918
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Health
 
 AN ACT to amend the social services law and the public  health  law,  in
   relation  to automatic continuous enrollment in medical assistance and
   the child health insurance plan for children through age five

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "keep kids
 covered act".
   § 2. Section 366-h of the social services law, as amended  by  chapter
 121 of the laws of 2017, is amended to read as follows:
   § 366-h. Automated system; established. Notwithstanding any inconsist-
 ent provision of law or regulation, the commissioner of health shall, as
 soon  as  practicable,  establish  an  automated  system  to ensure that
 persons who meet the criteria for receipt of medical assistance benefits
 under paragraph (a) or (c), OR A CHILD UNDER PARAGRAPH (B), of  subdivi-
 sion  four of section three hundred sixty-six of this title shall remain
 enrolled in the medical  assistance  program  without  interruption  and
 receive the benefits set forth according to paragraph (a), (B) or (c) of
 subdivision four of section three hundred sixty-six of this title. Pend-
 ing implementation of such automated system, such commissioner shall, in
 consultation  with  the  office  of temporary and disability assistance,
 undertake and continue efforts to educate local  departments  of  social
 services  about  the  measures  they  must  take  to ensure that medical
 assistance benefits are provided to persons eligible for  such  benefits
 under subdivision four of section three hundred sixty-six of this title.
   §  3.  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, subparagraph 1  as amended by section 3 of part CCC of chapter
 56 of the laws of 2022, subparagraph 3 as amended by section 1 of part M
 of chapter 57 of the laws of 2024, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07433-01-5
              

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   (b) Pregnant women and children.
   (1)  A  pregnant  woman eligible for medical assistance under subpara-
 graph two or four of paragraph (b) of subdivision one of this section on
 any day of [her] THE pregnancy will continue to  be  eligible  for  such
 care  and services for a period of one year beginning on the last day of
 pregnancy, without regard to any change in the income of the family that
 includes the pregnant woman, even if such change  otherwise  would  have
 rendered [her] THE WOMAN ineligible for medical assistance.
   (1-A)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY CHILD UNDER THE
 AGE OF SIX WHO IS AT ANY TIME DETERMINED  TO  BE  ELIGIBLE  FOR  MEDICAL
 ASSISTANCE,  OR  WHO  IS  A  MEMBER  OF  A FAMILY WHICH WAS ELIGIBLE FOR
 MEDICAL ASSISTANCE BUT  BECAME  INELIGIBLE,  SHALL  REMAIN  CONTINUOUSLY
 ELIGIBLE  FOR  MEDICAL  ASSISTANCE UNTIL THE AGE OF SIX AND SHALL REMAIN
 CONTINUOUSLY ENROLLED UNDER SECTION THREE HUNDRED  SIXTY-SIX-H  OF  THIS
 TITLE.  THE  DEPARTMENT SHALL NOTIFY THE PARENT OR GUARDIAN OF ANY CHILD
 UNDER THE AGE OF SIX WHO  IS  DETERMINED  TO  BE  ELIGIBLE  FOR  MEDICAL
 ASSISTANCE  OF  THE RIGHTS OF SUCH CHILD TO EXTENDED BENEFITS UNDER THIS
 SUBPARAGRAPH.
   (2) A child born to a woman eligible for and receiving medical assist-
 ance 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 assist-
 ance on the date of such birth and to remain eligible for  such  assist-
 ance  for  a  period of [one year] FIVE YEARS, so long as the child is a
 member of the woman's household [and the woman remains eligible for such
 assistance or would remain eligible for  such  assistance  if  she  were
 pregnant].
   (3) (A) A child between the ages of six and nineteen who is determined
 eligible  for  medical  assistance under the provisions of this section,
 shall, consistent with applicable federal requirements, remain  eligible
 for  such  assistance  until  the  last day of the month which is twelve
 months following the determination or renewal of  eligibility  for  such
 assistance.
   (B)  A  child  under  the  age  of  six who is determined eligible for
 medical assistance under the provisions of this section, shall, consist-
 ent with applicable federal requirements, remain  continuously  eligible
 for medical assistance coverage until the later of:
   (i)  the  last day of the twelfth month following the determination or
 renewal of eligibility for such assistance; or
   (ii) the last day of the month in which the child reaches the  age  of
 six.
   (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 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 OR UNTIL AGE SIX, WHICHEVER IS
 LATER.
   (5) A child eligible under subparagraph  three  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 nineteen years of age, and who, but for attaining such
 age, would remain eligible for medical assistance under this  paragraph,
 shall  continue  to  remain eligible until the end of the stay for which
 in-patient services are being furnished.
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   (6) A woman who was pregnant while in receipt  of  medical  assistance
 who  subsequently  loses  [her] eligibility for medical assistance shall
 have [her] eligibility for medical assistance continued for a period  of
 twenty-four  months  from the end of the month in which the sixtieth day
 following  the  end  of [her] THE pregnancy occurs, but only for Federal
 Title X services which are eligible for  reimbursement  by  the  federal
 government  at  a  rate  of ninety percent; provided, however, that such
 ninety percent limitation shall not apply to those  services  identified
 by the commissioner as services, including treatment for sexually trans-
 mitted  diseases,  generally performed as part of or as a follow-up to a
 service eligible for such ninety  percent  reimbursement;  and  provided
 further,  however,  that  nothing  in  this paragraph shall be deemed to
 affect payment for such Title X services if  federal  financial  partic-
 ipation is not available for such care, services and supplies.
   §  4.    Subdivision  2  of  section  2511 of the public health law is
 amended by adding a new paragraph (k) to read as follows:
   (K) A CHILD UNDER THE AGE OF SIX WHO IS AT ANY TIME DETERMINED  TO  BE
 ELIGIBLE FOR COVERAGE UNDER THIS TITLE, SHALL, SUBJECT TO FEDERAL FINAN-
 CIAL  PARTICIPATION,  REMAIN  CONTINUOUSLY ELIGIBLE FOR COVERAGE THROUGH
 THE LAST DAY OF THE MONTH IN WHICH THE CHILD REACHES THE AGE OF SIX. THE
 DEPARTMENT SHALL NOTIFY THE PARENT OR GUARDIAN OF ANY  CHILD  UNDER  THE
 AGE  OF  SIX WHO   IS  DETERMINED  TO  BE  ELIGIBLE  FOR  BENEFITS UNDER
 THIS TITLE OF  THE RIGHTS OF SUCH CHILD TO EXTENDED BENEFITS UNDER  THIS
 PARAGRAPH.
   § 5. The commissioner of health shall, to the extent necessary, submit
 the appropriate waivers, including, but not limited to, those authorized
 pursuant to section eleven hundred fifteen of the federal social securi-
 ty  act,  or  successor  provisions,  and any other waivers necessary to
 achieve the purposes of this act necessary to secure federal funding.
   § 6. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.