Bill Text: NY A01968 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes individuals to participate in the NY State of Health marketplace without providing information regarding citizenship or lawful residency or requesting or receiving a state or federal subsidy.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2022-01-05 - referred to health [A01968 Detail]

Download: New_York-2021-A01968-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1968

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2021
                                       ___________

        Introduced by M. of A. CRUZ, AUBRY, ROZIC, SIMON, COLTON, DICKENS, HEVE-
          SI,   REYES,   FALL,  EPSTEIN,  CARROLL,  RAMOS,  COOK,  D. ROSENTHAL,
          J. RIVERA, GLICK, FERNANDEZ -- read once and referred to the Committee
          on Health

        AN ACT to amend the public health law, in relation to authorizing  indi-
          viduals  to participate in the NY State of Health, the official health
          plan marketplace without providing information  regarding  citizenship
          or  lawful residency in the United States or requesting or receiving a
          state or federal subsidy

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 10 of section 268-a of the public health law,
     2  as added by section 2 of part T of chapter 57 of the laws  of  2019,  is
     3  amended to read as follows:
     4    10.  "Qualified  individual"  means,  with respect to qualified health
     5  plans, an individual, including a minor, who:
     6    (a) is eligible to enroll in a qualified health plan offered to  indi-
     7  viduals through the Marketplace;
     8    (b) resides in this state; and
     9    (c)  at the time of enrollment, is not incarcerated, other than incar-
    10  ceration pending the disposition of charges[; and
    11    (d) is, and is reasonably expected to be, for the  entire  period  for
    12  which  enrollment  is sought, a citizen or national of the United States
    13  or an alien lawfully present in the United States].
    14    § 2. Paragraph (a) of subdivision 1 of section  268-c  of  the  public
    15  health law, as added by section 2 of part T of chapter 57 of the laws of
    16  2019, is amended to read as follows:
    17    (a) Perform eligibility determinations for federal and state insurance
    18  affordability  programs  including medical assistance in accordance with
    19  section three hundred sixty-six of the social services law, child health
    20  plus in accordance with section twenty-five hundred eleven of this chap-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06158-01-1
        A. 1968                             2

     1  ter, the basic health program in accordance with section  three  hundred
     2  sixty-nine-gg  of the social services law, premium tax credits and cost-
     3  sharing reductions and qualified health plans in accordance with  appli-
     4  cable  law  and  other  health  insurance  programs as determined by the
     5  commissioner. Such eligibility determinations shall allow any  qualified
     6  individual  to participate in a qualified health plan who pays all asso-
     7  ciated costs without requesting or receiving a state or federal subsidy;
     8    § 3. Section 268-g of the public health law is amended by  adding  two
     9  new subdivisions 4 and 5 to read as follows:
    10    4. The commissioner is authorized and directed to seek a federal waiv-
    11  er  allowing  qualified  individuals  who  pay  all  associated costs of
    12  participating in a qualified health plan  without  a  state  or  federal
    13  subsidy.
    14    5.  (a)  The commissioner shall utilize the following formula to avoid
    15  the use of any federal funds for qualified individuals who pay all asso-
    16  ciated costs of participating in a qualified health plan without a state
    17  or federal subsidy:
    18    (i) The average total amount expended per member shall  be  determined
    19  by  dividing  the  federal administrative funding amount provided to the
    20  state for the marketplace as a health  benefit  exchange  by  the  total
    21  number of enrollees in the marketplace;
    22    (ii)  The average total amount expended per member determined pursuant
    23  to subparagraph (i) of this paragraph shall be multiplied by the  number
    24  of  qualified  individuals who pay all associated costs of participating
    25  in a qualified health plan without a state or federal subsidy to  deter-
    26  mine the total reimbursement amount;
    27    (iii) The state shall reimburse the federal government annually by the
    28  total  reimbursement  amount determined pursuant to subparagraph (ii) of
    29  this paragraph.
    30    (b) The total reimbursement amount determined pursuant to subparagraph
    31  (ii) of paragraph (a) of this  subdivision  shall  be  provided  to  the
    32  marketplace  by  an  annual allocation to the indigent care funds in the
    33  annual state budget.
    34    § 4. Section 206 of the public health law is amended by adding  a  new
    35  subdivision 31 to read as follows:
    36    31. The commissioner shall promulgate rules and regulations to protect
    37  and  maintain  the  confidentiality  of  participants in the NY State of
    38  Health, The official health plan Marketplace who do not provide a social
    39  security number or proof of legal status in the United States.
    40    § 5. This act shall take effect immediately.