BILL NO A04975
SAME AS SAME AS S00956
SPONSOR Ortiz (MS)
COSPNSR Gibson, Millman, Boyland
MLTSPNSR Brennan, Robinson, Titone
Amd SS364-i & 364-j, Soc Serv L
Relates to medicaid eligibility for youth leaving court ordered placement.
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
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
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-
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.
S T A T E O F N E W Y O R K
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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.