STATE OF NEW YORK
________________________________________________________________________
5748
2023-2024 Regular Sessions
IN SENATE
March 15, 2023
___________
Introduced by Sens. PARKER, JACKSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Health
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 9 to read as follows:
3 9. 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 two, two-a, three or four of
6 section 353.3 or section 353.5 of the family court act, shall be
7 presumed eligible for medical assistance under this title beginning on
8 the date of their release from such 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 two, two-a, three or four of
16 section 353.3 or section 353.5 of 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 § 2. This act shall take effect on the ninetieth day after it shall
23 have become a law. Effective immediately the addition, amendment and/or
24 repeal of any rule or regulation necessary for the implementation of
25 this act on its effective date are authorized to be made on or before
26 such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07441-01-3
