Provides eligibility for the basic health program for individuals who have or have had a confirmed or suspected case of novel coronavirus, COVID-19, household income below two hundred percent of the federal poverty line as defined and annually revised by the United States department of health and human services for a household of the same size, and is ineligible for federal financial participation in the basic health program under 42 U.S.C. section 18051 on the basis of immigration status, but otherwise meets the eligibility requirements.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1585
SPONSOR: Gottfried TITLE OF BILL:
An act to amend the social services law, in relation to eligibility for
the basic health program; and providing for the repeal of such
provisions upon the expiration thereof
PURPOSE:
To permit certain people who have had COVID-19 or symptoms of COVID-19
who would not otherwise be eligible for the Basic Health Program, also
known as the Essential Plan, because of their immigration status to be
eligible.
SUMMARY OF PROVISIONS:
Section one of the bill adds subdivision 3-a to Section 369-gg of the
social services law to expand eligibility for the basic health program
(Essential Plan) to residents of New York State who earn below two
hundred percent of the federal poverty level, have or have had a
confirmed or suspected case of COVID-19, and are ineligible for feder-
ally funded health coverage on the basis of immigration status.
Section two of the bill is the effective date.
JUSTIFICATION:
This legislation would ameliorate racial and ethnic disparities in
COVID-19 cases and fatalities by ensuring that immigration status is not
a barrier to securing testing and treatment. It builds upon the Depart-
ment of Health's guidance in April allowing otherwise ineligible indi-
viduals to be eligible for Emergency Medicaid for COVID-19 related test-
ing, care, and treatment. This bill allows those making between 133% and
200% of poverty, above the Emergency Medicaid levels, to have access to
the Essential Plan. Controlling the spread of COVID-19, particularly in
communities of color which are disproportionately affected, means
getting people tested and treated. Having access to health insurance
makes this possible and helps stop the spread for everyone in New York
State.
The health disparities of COVID-19 are very real. The New York State
Department of Health COVID-19 tracker documents that the pandemic has a
profound disparate impact of people who are low-income or who are racial
and ethnic minorities. For example, the crude death rate per 100,000
population for white people is 23, while this same rate is double or
triple for African Americans, Latin and Asian New Yorkers (98, 55, and
53, respectively) (New York State Department of Health COVID-19 tracker,
as of May 10, 2020, available at:
WORKBOOK: NYS-COVID19-TRACKER
According to the Kaiser Family Foundation, lack of access to insurance
and high medical costs are major deterrents to seeking testing and
treatment.
WHAT ISSUES WILL UNINSURED PEOPLE FACE WITH TESTING AND
TREATMENT FOR COVID19? 1 KFF Federal law excludes many residents of New
York from health coverage and disaster relief because of their immi-
gration status. Prior to the COVID-19 emergency, immigrants formed the
largest group of uninsured in New York Immigrant communities are being
disproportionately affected by the pandemic in terms of health, mortal-
ity, and financial hardship (See "Despite Their Impact From COVID-10,
Undocumented New Yorkers Have Few Options For Financial Help", Gotham-
ist, April 24, 2020.) Expanding the Basic Health Plan would ameliorate
these racial and ethnic disparities in COVID-19 fatalities, by providing
coverage to low-income immigrant communities so that they have timely
access diagnosis and treatment of COVID-19.
New Yorkers are facing severe financial hardship because of the pandem-
ic, which is impacting their ability to maintain health coverage or pay
for health care. Financial hardships are also affecting some communities
more than others. By the end of March, 34 percent of households in New
York City had reported job loss as a result of the COVID-19 emergency.
(See "Job loss in NYC disproportionately impacts Hispanics and lower
income city residents", CUNY New York City COVID-19 Survey Week 2,
WEEK
2 - CUNY GRADUATE SCHOOL OF PUBLIC HEALTH & HEALTH POLICY However, 41%
of households whose members. identified as Hispanic reported job loss.
Expanding access to Essential Plan coverage in a very limited and
focused manner as this bill does will help achieved the state's objec-
tive of stopping the spread of this deadly disease.
LEGISLATIVE HISTORY:
2020: A.10474 - referred to Health Committee
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal investment to avoid larger losses to the state as the COVID-19
virus continues to spread
EFFECTIVE DATE:
Immediately and shall expire 60 days after the state declared emergency.
STATE OF NEW YORK
________________________________________________________________________
1585
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
___________
Introduced by M. of A. GOTTFRIED, DE LA ROSA, DINOWITZ, SEAWRIGHT,
SIMON, REYES, L. ROSENTHAL -- read once and referred to the Committee
on Health
AN ACT to amend the social services law, in relation to eligibility for
the basic health program; and providing for the repeal of such
provisions upon the expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 369-gg of the social services law is amended by
2 adding a new subdivision 3-a to read as follows:
3 3-a. Novel coronavirus, COVID-19 eligibility. A person shall also be
4 eligible to receive coverage for health care services under this title,
5 without regard to federal financial participation, if he or she is a
6 resident of the state, has or has had a confirmed or suspected case of
7 novel coronavirus, COVID-19, household income below two hundred percent
8 of the federal poverty line as defined and annually revised by the
9 United States department of health and human services for a household of
10 the same size, and is ineligible for federal financial participation in
11 the basic health program under 42 U.S.C. section 18051 on the basis of
12 immigration status, but otherwise meets the eligibility requirements in
13 paragraphs (b) and (c) of subdivision three of this section. An appli-
14 cant who fails to make an applicable premium payment shall lose eligi-
15 bility to receive coverage for health care services in accordance with
16 the time frames and procedures determined by the commissioner.
17 § 2. This act shall take effect immediately, and shall expire and be
18 deemed repealed 60 days following the conclusion of the state disaster
19 emergency declared pursuant to executive order 202, provided that the
20 commissioner of health shall notify the legislative bill drafting
21 commission upon the occurrence of the conclusion of such executive order
22 in order that the commission may maintain an accurate and timely effec-
23 tive data base of the official text of the laws of the state of New York
24 in furtherance of effectuating the provisions of section 44 of the
25 legislative law and section 70-b of the public officers law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00583-01-1
