senate Bill S956A

Relates to medicaid eligibility for youth leaving court ordered placement

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 10 / Feb / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 10 / Feb / 2014
    • PRINT NUMBER 956A

Summary

Relates to medicaid eligibility for youth leaving court ordered placement.

do you support this bill?

Bill Details

Versions:
S956
S956A
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Amd ยง364-i, Soc Serv L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3072A
2009-2010: S6969

Sponsor Memo

BILL NUMBER:S956A

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
Medicaid eligibility determinations.

SUMMARY OF PROVISIONS:

Section 1 of the bill amend section 364-i of the social services law
to add a new subdivision 8 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 eligibility
determination is made or 60 days from release of the youth from
placement, whichever is sooner.

Section 2 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 presumptive eligibility program for various groups of
individuals. Section 364-j of the social services law establishes the
Medicaid managed 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 mediations. 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 hospitalizations.

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: 2011-12; S.3072/A1553 - Died in Health 2010:
S.6969/A.11020 - Referred to Health

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 OCFS and DOH shall
promulgate any rules or regulations necessary for the implementation
of this act on such effective date.

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

                                 956--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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:

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02822-02-4

S. 956--A                           2

  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided however, that effective  immediately, the
office of children and family services  and  the  department  of  health
shall  promulgate any rules or regulations necessary for the implementa-
tion of this act on such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.