S 10698: Removes the household income as a factor for determining eligibility for healthcare for children.

  
  STATE OF NEW YORK ________________________________________________________________________ 10698  IN SENATE 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: 1 Section 1. Paragraphs (a), (b) and (c) of subdivision 6 of section 2 2510 of the public health law, as added by section 69 of part B of chap- 3 ter 58 of the laws of 2005, are amended to read as follows: 4 (a) the period of eligibility for a child who ceases to be eligible 5 because [he or she] they no longer [resides] reside in New York state or 6 [has access to or] obtained other health insurance coverage, as defined 7 by the commissioner in consultation with the superintendent pursuant to 8 paragraph (c) of subdivision two of section twenty-five hundred eleven 9 of this article, shall end the last day of the month in which the child 10 ceases to be an eligible child; and 11 (b) the period of eligibility for a child who becomes eligible for 12 medical assistance shall end the last day of the [third] sixth month 13 after the child becomes eligible for medical assistance[; and 14 (c) the period of eligibility for a child for whom an applicable 15 premium payment has not been paid shall end in accordance with time 16 frames and procedures determined by the commissioner]. 17 § 2. Subdivision 9 of section 2510 of the public health law is amended 18 by adding a new paragraph (f) to read as follows: 19 (f) for periods on or after January first, two thousand twenty-eight, 20 no payments are required for eligible children. 21 § 3. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 2 22 of section 2511 of the public health law, subparagraph (ii) as amended 23 by section 28 of part A of chapter 58 of the laws of 2007, and subpara- 24 graph (iii) as amended by section 30 of part D of chapter 56 of the laws 25 of 2013, are amended and a new subparagraph (iv) is added to read as 26 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16345-02-6 
 S. 10698 2 1 (ii) effective July first, two thousand, resides in a household having 2 a gross household income at or below two hundred fifty percent of the 3 non-farm federal poverty level (as defined and updated by the United 4 States department of health and human services); [and] 5 (iii) effective September first, two thousand eight, resides in a 6 household having a household income at or below four hundred percent of 7 the non-farm federal poverty level (as defined and updated by the United 8 States department of health and human services); and 9 (iv) effective January first, two thousand twenty-eight, household 10 income is removed as a factor for determining eligibility; 11 § 4. Paragraph (b) of subdivision 2 of section 2511 of the public 12 health law, as amended by chapter 639 of the laws of 1996, is amended to 13 read as follows: 14 (b) is not eligible for medical assistance, except that a child who 15 becomes eligible for medical assistance after becoming an eligible child 16 under this title, may be eligible for a subsidy payment pursuant to 17 subdivision three of this section as medical assistance for a period up 18 to [three] six months after becoming eligible for medical assistance; 19 and 20 § 5. Paragraph (f) of subdivision 2 of section 2511 of the public 21 health law is REPEALED and a new paragraph (f) is added to read as 22 follows: 23 (f) Notwithstanding any inconsistent provision of law to the contrary 24 and subject to the availability of federal financial participation under 25 title XIX of the federal social security act, a child under the age of 26 nineteen shall be presumed to be eligible for subsidy payments and 27 temporarily enrolled for coverage under this title, once during a 28 twelve-month period, beginning on the first day of the enrollment peri- 29 od. The temporary enrollment period shall continue until an eligibility 30 determination is made pursuant to title eleven of article five of the 31 social services law, or two months after the date temporary enrollment 32 begins; provided however, a temporary enrollment period may be extended 33 in the event an eligibility determination under title eleven of article 34 five of the social services law is not made within such two-month period 35 through no fault of the applicant for insurance for medical assistance. 36 The commissioner shall assure that children who are enrolled pursuant to 37 this paragraph receive the appropriate follow-up for a determination of 38 eligibility for benefits under title eleven of article five of the 39 social services law prior to the termination of the temporary enrollment 40 period. The commissioner shall ensure that children and their families 41 are informed of all available enrollment sites in accordance with subdi- 42 vision nine of this section. 43 § 6. Subdivision 4 of section 2511 of the public health law, as 44 amended by section 21 of part D of chapter 56 of the laws of 2013, is 45 amended to read as follows: 46 4. Households shall report to the approved organization or state 47 enrollment center, whichever is applicable, within thirty days, any 48 changes in New York state residency or health care coverage under insur- 49 ance that may make a child ineligible for subsidy payments pursuant to 50 this section. Any individual who, with the intent to obtain benefits, 51 willfully misstates [income or] residence to establish eligibility 52 pursuant to subdivision two of this section or willfully fails to notify 53 an approved organization or state enrollment center of a change in resi- 54 dence or health care coverage pursuant to this subdivision shall repay 55 such subsidy to the commissioner. Individuals seeking to enroll children 
 S. 10698 3 1 for coverage shall be informed that such willful misstatement or failure 2 to notify shall result in such liability. 3 § 7. The commissioner of health shall, expeditiously and as necessary, 4 submit the appropriate waivers, including, but not limited to, those 5 authorized under section 1115, title XIX, or title XXI of the federal 6 social security act, or successor provisions, and any other waivers and 7 state plan amendments necessary to secure federal financial partic- 8 ipation under this act. 9 § 8. This act shall take effect on the first of January next succeed- 10 ing the date on which it shall have become a law. Effective immediately, 11 the addition, amendment and/or repeal of any rule or regulation neces- 12 sary for the implementation of this act on its effective date are 13 authorized to be made and completed on or before such effective date.