NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9156
SPONSOR: Gottfried (MS) TITLE OF BILL:
An act to amend the social services law, in relation to extending the
Medicaid coverage period for pregnancy
PURPOSE OR GENERAL IDEA OF BILL:
To extend Medicaid coverage for certain pregnant women who access cover-
age at higher income levels from the current 60 day period after a preg-
nancy to a year to help reduce maternal mortality and morbidity
SUMMARY OF PROVISIONS:
Section 1 amends section 366 (1)(d) (3) and 366 (4) (b) of the social
services law to extend the period during which Medicaid recipients
eligible during pregnancy, continue to be eligible at the same income
levels for up to a year, instead of the current 60 days.
Section 2 is the effective date, and it directs the commissioner of
health to immediately take all steps necessary and use best efforts to
secure federal financial participation and makes the change effective
upon securing federal financial participation.
JUSTIFICATION:
New York State has high maternal mortality and morbidity rates with
clear racial disparities. In 2016 the state ranked 30th for maternal
mortality, and black women are three times more likely to die from preg-
nancy-related causes than white women. Recognizing the importance health
care coverage for women following a birth, the federal government
requires state Medicaid programs to provide 60 days of coverage follow-
ing a birth and provides federal matching dollars for it. However,
health care professionals agree that sixty days of health care following
a birth is woefully inadequate.
Best practices to reduce maternal mortality and morbidity include
providing health care coverage for a full year following a birth, which
is often referred to as the "fourth trimester." In addition to monitor-
ing a new mother's physical wellbeing, it is important to maintain
access to mental health and substance use disorder treatment services
during this time. Extending the special eligibility period to a full
year is a common sense way to save lives and improve mother and child
health outcomes.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined. Implementation depends on federal financial partic-
ipation, which will lower costs.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
9156
IN ASSEMBLY
January 23, 2020
___________
Introduced by M. of A. GOTTFRIED, McDONALD, THIELE, ABINANTI,
DE LA ROSA, EPSTEIN, SEAWRIGHT, SIMOTAS -- Multi-Sponsored by -- M. of
A. ENGLEBRIGHT -- read once and referred to the Committee on Health
AN ACT to amend the social services law, in relation to extending the
Medicaid coverage period for pregnancy
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph 3 of paragraph (d) of subdivision 1 of section
2 366 of the social services law, as added by section 1 of part D of chap-
3 ter 56 of the laws of 2013, is amended to read as follows:
4 (3) cooperates with the appropriate social services official or the
5 department in establishing paternity or in establishing, modifying, or
6 enforcing a support order with respect to his or her child; provided,
7 however, that nothing herein contained shall be construed to require a
8 payment under this title for care or services, the cost of which may be
9 met in whole or in part by a third party; notwithstanding the foregoing,
10 a social services official shall not require such cooperation if the
11 social services official or the department determines that such actions
12 would be detrimental to the best interest of the child, applicant, or
13 recipient, or with respect to pregnant women during pregnancy and during
14 the sixty-day period, or one year period if there is federal financial
15 participation, beginning on the last day of pregnancy, in accordance
16 with procedures and criteria established by regulations of the depart-
17 ment consistent with federal law; and
18 § 2. Subparagraph 1 of paragraph (b) of subdivision 4 of section 366
19 of the social services law, as added by section 2 of part D of chapter
20 56 of the laws of 2013, is amended to read as follows:
21 (1) A pregnant woman eligible for medical assistance under subpara-
22 graph two or four of paragraph (b) of subdivision one of this section on
23 any day of her pregnancy will continue to be eligible for such care and
24 services through the end of the month in which the sixtieth day follow-
25 ing the end of the pregnancy occurs, or for a period of one year follow-
26 ing the end of the pregnancy if there is federal financial
27 participation, without regard to any change in the income of the family
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14484-10-0
A. 9156 2
1 that includes the pregnant woman, even if such change otherwise would
2 have rendered her ineligible for medical assistance.
3 § 3. This act shall take effect immediately. The commissioner of
4 health shall immediately take all steps necessary and shall use best
5 efforts to secure federal financial participation under title XIX of the
6 social security act, for the purposes of this act, including the prompt
7 submission of appropriate amendments to the title XIX state plan.
