Bill Text: NY S04578 | 2019-2020 | General Assembly | Amended


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 1-0)

Status: (Introduced) 2019-05-10 - PRINT NUMBER 4578B [S04578 Detail]

Download: New_York-2019-S04578-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4578--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                     March 15, 2019
                                       ___________

        Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Health  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10805-06-9

        S. 4578--B                          2

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