A04975 Summary:

BILL NO    A04975 

SAME AS    No same as 

SPONSOR    Ortiz (MS)

COSPNSR    Millman

MLTSPNSR   Brennan, Robinson, Titone

Amd SS364-i & 364-j, Soc Serv L

Relates to medicaid eligibility for youth leaving court ordered placement.
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A04975 Actions:

BILL NO    A04975 

02/13/2013 referred to social services
01/08/2014 referred to social services
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A04975 Memo:

BILL NUMBER:A4975

TITLE  OF BILL:  An act to amend the social services law, in relation to
medicaid eligibility for youth leaving court ordered placement

PURPOSE: To ensure that certain youth  being  discharged  from  juvenile
justice  facilities have access to Medicaid while they await their Medi-
caid eligibility determinations.

SUMMARY OF PROVISIONS: Section 1 of the bill amend section 364-i of  the
social  services  law  to  add a new subdivision 7 providing presumptive
Medicaid. eligibility to youth leaving  court  ordered  placement.in  an
office  of children and family services juvenile justice facility.  Such
presumptive eligibility shall continue until a medical assistance eligi-
bility determination is made or 60 days from release of the  youth  from
placement, whichever is sooner.

Section  2 of the bill amends section 364-j, subdivision 3 paragraph (c)
to include presumptive eligibility  youth  among  the  list  of  medical
assistance  recipients  who  are  not required to participate in managed
care but may voluntarily opt to.

Section 3 of the bill provides for  an  effective  date  90  days  after
enactment.

EXISTING  LAW:  Section 364-i of the social services law establishes the
medical assistance ?resumptive eligibility program for various groups of
individuals. Section 364-j of the social services  law  establishes  the
Medicaid manage care program.

JUSTIFICATION: Youth placed or committed to the state's juvenile justice
system suffer many hardships. Among them are high rates of mental health
diagnosis  with  over half of the children prescribed psychotropic medi-
ations. Releasing these youth without health care coverage puts them  at
unnecessary risk as they work to try and successful transition back into
the community.

New  York  State  has recognized the importance of providing health care
coverage  through  Medicaid  for  various  groups  of  people  including
presumptive  eligibility  for  those leaving hospitals and entering long
term care and for those in  need  of  treatment  for  various  forms  of
cancer.  We  also  allow  prisoners  to continue their pre-incarceration
Medicaid eligibility so they are not release  without  Medicaid  and  we
provide continued Medicaid coverage until 21 for foster children who are
the  responsibility  of  the  local social services district until their
18th birthday. Health care coverage is not only vitally important to the
individual's ultimate success in transitioning back into the  community,
it  is  cost  effective  for  the  state and local communities who would
otherwise pay the costs of-higher recidivism and unnecessary  hospitali-
zations.

Youth  who enter the juvenile justice system are not currently afforded.
the same protections for Medicaid coverage as these  other  populations,
yet they experience similar needs. For example, these youth often depend
on  the  continuation  of medications vital to their emotional stability
and  may  need  the  added support of the community mental health system
which they can access through Medicaid if  they  are  not  eligible  for
private  health  insurance  coverage. This bill gives youth, who were in
care as a result of a court order, presumptive Medicaid eligibility once
they are released from care for up to 60  days  while  determination  of
their  Medicaid  eligibility  is  made.  It is an important piece of the
safety net that is currently missing.

LEGISLATIVE HISTORY: S.6969/A.11020 - 2010 Referred to Social Services
2011/12 - A1553-A- Held in Social Services

FISCAL IMPLICATIONS: Potential savings as youth have  timely  access  to
medical  and mental health care important to their successful transition
back into the community.

EFFECTIVE DATE: 90th day after enactment provided  OFCS  and  DOH  shall
promulgate  any rules or regulations necessary for the implementation of
this act on such effective date.
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A04975 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4975

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 13, 2013
                                      ___________

       Introduced  by  M.  of A. ORTIZ, GIBSON, MILLMAN, BOYLAND -- Multi-Spon-
         sored by -- M. of A.   BRENNAN, ROBINSON,  TITONE  --  read  once  and
         referred to the Committee on Social Services

       AN  ACT to amend the social services law, in relation to medicaid eligi-
         bility for youth leaving court ordered placement

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Section  364-i  of  the social services law is amended by
    2  adding a new subdivision 7 to read as follows:
    3    7. YOUTH LEAVING COURT ORDERED PLACEMENT; PRESUMPTIVE ELIGIBILITY. (A)
    4  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  YOUTH  WHO
    5  HAVE  BEEN PLACED PURSUANT TO SUBDIVISION THREE OR FOUR OF SECTION 353.3
    6  OF THE FAMILY COURT ACT, SHALL BE PRESUMED ELIGIBLE FOR MEDICAL  ASSIST-
    7  ANCE  UNDER  THIS TITLE BEGINNING ON THE DATE OF THEIR RELEASE FROM SUCH
    8  PLACEMENT.
    9    (B) SUCH PRESUMPTIVE ELIGIBILITY SHALL CONTINUE THROUGH THE EARLIER OF
   10  THE DAY ON WHICH A DETERMINATION IS MADE WITH RESPECT TO THE ELIGIBILITY
   11  OF THE YOUTH FOR ASSISTANCE PURSUANT TO THIS TITLE, OR IN THE CASE OF  A
   12  YOUTH  FOR  WHOM AN APPLICATION FOR ASSISTANCE PURSUANT TO THIS TITLE IS
   13  NOT FILED ON HIS OR HER BEHALF OR WHO DOES NOT FILE AN  APPLICATION  FOR
   14  SUCH  ASSISTANCE,  SIXTY DAYS FROM THE RELEASE OF SUCH YOUTH FROM PLACE-
   15  MENT ORDERED PURSUANT TO SUBDIVISION THREE OR FOUR OF SECTION  353.3  OF
   16  THE FAMILY COURT ACT.
   17    (C) CARE, SERVICES AND SUPPLIES, AS SET FORTH IN SECTION THREE HUNDRED
   18  SIXTY-FIVE-A  OF  THIS  TITLE,  THAT  ARE  FURNISHED TO A YOUTH DURING A
   19  PRESUMPTIVE ELIGIBILITY PERIOD UNDER THIS SUBDIVISION BY AN ENTITY  THAT
   20  IS  ELIGIBLE FOR PAYMENTS UNDER THIS TITLE SHALL BE DEEMED TO BE MEDICAL
   21  ASSISTANCE FOR PURPOSES OF PAYMENT AND STATE REIMBURSEMENT.
   22    S 2. Paragraph (c) of subdivision 3 of section  364-j  of  the  social
   23  services  law  is  amended  by  adding a new subparagraph (x) to read as
   24  follows:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02822-01-3
       A. 4975                             2

    1    (X) A YOUTH WHO HAS LEFT PLACEMENT  ORDERED  PURSUANT  TO  SUBDIVISION
    2  THREE  OR  FOUR OF SECTION 353.3 OF THE FAMILY COURT ACT WITHIN THE LAST
    3  SIXTY DAYS WHO:
    4    A.  IS  CONSIDERED  TO  BE PRESUMPTIVELY ELIGIBLE FOR ASSISTANCE UNDER
    5  THIS TITLE PURSUANT  TO  SUBDIVISION  SEVEN  OF  SECTION  THREE  HUNDRED
    6  SIXTY-FOUR-I OF THIS TITLE, AND
    7    B.  WOULD  NOT  BE  DEEMED INELIGIBLE TO PARTICIPATE IN A MANAGED CARE
    8  PROGRAM PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION.
    9    S 3. This act shall take effect on the ninetieth day  after  it  shall
   10  have  become  a  law; provided however, that effective  immediately, the
   11  office of children and family services  and  the  department  of  health
   12  shall  promulgate any rules or regulations necessary for the implementa-
   13  tion of this act on such effective date; and provided further  that  the
   14  amendments  to  section 364-j of the social services law made by section
   15  two of this act shall not affect the repeal of such section and shall be
   16  deemed repealed therewith.
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