NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7180
SPONSOR: Bichotte Hermelyn
 
TITLE OF BILL:
An act to amend the social services law, in relation to medical assist-
ance eligibility of infants up to the age of three years
 
PURPOSE:
To extend continuous Medicaid coverage of infants from up to one year to
up to three years.
 
SUMMARY OF PROVISIONS:
Section 1 amends Social Services Law section 366 (1) (b) (2) to increase
the age of infants eligible for Medicaid with a family income of up to
the MAGI-equivalent of 200% of the federal poverty line from up to 1
year old to up to 3 years old. It also makes a conforming amendment in
subparagraph (3).
§ 2 amends Social Services Law section.366 (4) (b) (2) and (4) to
increase the age of infants eligible to remain on Medicaid because of
their mother's eligibility during pregnancy at up to 200% of the MAGI-e-
quivalent of the federal poverty line from 1 year old to 3 years old.
§ 3 is the effective date: 180 days after it becomes law.
 
JUSTIFICATION:
Continuity of health care coverage during infancy is incredibly impor-
tant, and this bill will ensure that babies eligible for Medicaid cover-
age at birth continue to receive coverage until they are three years'
old. Current law cuts many babies' coverage off at 1 year old.
The first 1,000 days are critical to healthy brain development, physical
development and social development of infants and toddlers. Having
stable health coverage will help ensure that all babies have comprehen-
sive and dependable pediatric care. It will support parents as they
establish trusted relationships with their child's pediatrician. The
current annual re-enrollment requirement results in churning (dropping
off of Medicaid for a period of time before re-enrolling) and ultimately
a loss of coverage. Churning creates unstable care and interrupts posi-
tive relationships between parents, children, and pediatricians. In
general, infant and toddler health care is low cost and highly effec-
tive. Since New York Medicaid already covers the first year of the
infant's health care, the cost of adding years two and three will be
minimal, and doing so will reduce the administrative and financial
burdens of losing and re-enrolling in coverage. This expansion will
improve the health of thousands of babies across the state over their
entire lifespans.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the commissioner of
health shall make regulations and take actions reasonably necessary to
implement this act on that date, including taking all steps necessary
and using best efforts to secure federal financial participation for
eligible beneficiaries under title XIX of the social security act, for
the purposes of this act, including the prompt submission of appropriate
amendments to the medical assistance state plan.
STATE OF NEW YORK
________________________________________________________________________
7180
2023-2024 Regular Sessions
IN ASSEMBLY
May 12, 2023
___________
Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
the Committee on Health
AN ACT to amend the social services law, in relation to medical assist-
ance eligibility of infants up to the age of three years
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs 2 and 3 of paragraph (b) of subdivision 1 of
2 section 366 of the social services law, as added by section 1 of part D
3 of chapter 56 of the laws of 2013, are amended to read as follows:
4 (2) A pregnant woman or an infant younger than [one year] three years
5 of age is eligible for standard coverage if his or her MAGI household
6 income does not exceed the MAGI-equivalent of two hundred percent of the
7 federal poverty line for the applicable family size, which shall be
8 calculated in accordance with guidance issued by the secretary of the
9 United States department of health and human services, or an infant
10 younger than [one year] three years of age who meets the presumptive
11 eligibility requirements of subdivision four of section three hundred
12 sixty-four-i of this title.
13 (3) A child who is at least [one year] three years of age but younger
14 than nineteen years of age is eligible for standard coverage if his or
15 her MAGI household income does not exceed the MAGI-equivalent of one
16 hundred thirty-three percent of the federal poverty line for the appli-
17 cable family size, which shall be calculated in accordance with guidance
18 issued by the Secretary of the United States department of health and
19 human services, or a child who is at least [one year] three years of age
20 but younger than nineteen years of age who meets the presumptive eligi-
21 bility requirements of subdivision four of section three hundred sixty-
22 four-i of this title.
23 § 2. Subparagraphs 2 and 4 of paragraph (b) of subdivision 4 of
24 section 366 of the social services law, as added by section 2 of part D
25 of chapter 56 of the laws of 2013, are amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02234-01-3
A. 7180 2
1 (2) A child born to a woman eligible for and receiving medical assist-
2 ance on the date of the child's birth shall be deemed to have applied
3 for medical assistance and to have been found eligible for such assist-
4 ance on the date of such birth and to remain eligible for such assist-
5 ance for a period of [one year] three years, so long as the child is a
6 member of the woman's household and the woman remains eligible for such
7 assistance or would remain eligible for such assistance if she were
8 pregnant.
9 (4) An infant eligible under subparagraph two or four of paragraph (b)
10 of subdivision one of this section who is receiving medically necessary
11 in-patient services for which medical assistance is provided on the date
12 the child attains [one year] three years of age, and who, but for
13 attaining such age, would remain eligible for medical assistance under
14 such subparagraph, shall continue to remain eligible until the end of
15 the stay for which in-patient services are being furnished.
16 § 3. This act shall take effect on the one hundred eightieth day after
17 it shall have become a law. Effective immediately, the commissioner of
18 health shall make regulations and take actions reasonably necessary to
19 implement this act on that date, including taking all steps necessary
20 and using best efforts to secure federal financial participation
21 for eligible beneficiaries under title XIX of the social security act,
22 for the purposes of this act, including the prompt submission of
23 appropriate amendments to the medical assistance state plan.