senate Bill S3072A

2011-2012 Legislative Session

Relates to medicaid eligibility for youth leaving court ordered placement

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2012 print number 3072a
amend and recommit to health
Jan 04, 2012 referred to health
Feb 08, 2011 referred to health

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3072 - Bill Details

See Assembly Version of this Bill:
A1553A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §§364-i & 364-j, Soc Serv L
Versions Introduced in 2009-2010 Legislative Session:
S6969, A11020

S3072 - Bill Texts

view summary

Relates to medicaid eligibility for youth leaving court ordered placement.

view sponsor memo
BILL NUMBER:S3072

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 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 eligibility
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 presumptive 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
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:
S.6969/A.11020 - 2010 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 OFCS and DOH shall
promulgate any rules or regulations necessary for the implementation
of this act on such effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3072

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced    by   Sens.   HUNTLEY,   DIAZ,   MONTGOMERY,   OPPENHEIMER,
  STEWART-COUSINS -- 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:

  Section 1. Section 364-i of the social  services  law  is  amended  by
adding a new subdivision 7 to read as follows:
  7. 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.
  S  2.  Paragraph  (c)  of subdivision 3 of section 364-j of the social
services law is amended by adding a new subparagraph  (vi)  to  read  as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04008-01-1

S. 3072                             2

  (VI)  A  YOUTH  WHO HAS LEFT PLACEMENT ORDERED PURSUANT TO SUBDIVISION
THREE OR FOUR OF SECTION 353.3 OF THE FAMILY COURT ACT WITHIN  THE  LAST
SIXTY DAYS WHO:
  A.  IS  CONSIDERED  TO  BE PRESUMPTIVELY ELIGIBLE FOR ASSISTANCE UNDER
THIS TITLE PURSUANT  TO  SUBDIVISION  SEVEN  OF  SECTION  THREE  HUNDRED
SIXTY-FOUR-I OF THIS TITLE, AND
  B.  WOULD  NOT  BE  DEEMED INELIGIBLE TO PARTICIPATE IN A MANAGED CARE
PROGRAM PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION.
  S 3. 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; and provided further  that  the
amendments  to  section 364-j of the social services law made by section
two of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.

Co-Sponsors

S3072A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1553A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §§364-i & 364-j, Soc Serv L
Versions Introduced in 2009-2010 Legislative Session:
S6969, A11020

S3072A (ACTIVE) - Bill Texts

view summary

Relates to medicaid eligibility for youth leaving court ordered placement.

view sponsor memo
BILL NUMBER:S3072A

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 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 eligibility
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 presumptive 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
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:
S.6969/A.11020 - 2010 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 OFCS and DOH shall
promulgate any rules or regulations necessary for the implementation
of this act on such effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3072--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced    by   Sens.   HUNTLEY,   DIAZ,   MONTGOMERY,   OPPENHEIMER,
  STEWART-COUSINS -- read twice and ordered printed, and when printed to
  be committed to the Committee on Health -- recommitted to the  Commit-
  tee  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 7 to read as follows:
  7. 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.
                                                           LBD04008-02-1

S. 3072--A                          2

  S  2.  Paragraph  (c)  of subdivision 3 of section 364-j of the social
services law is amended by adding a new  subparagraph  (x)  to  read  as
follows:
  (X)  A  YOUTH  WHO  HAS LEFT PLACEMENT ORDERED PURSUANT TO SUBDIVISION
THREE OR FOUR OF SECTION 353.3 OF THE FAMILY COURT ACT WITHIN  THE  LAST
SIXTY DAYS WHO:
  A.  IS  CONSIDERED  TO  BE PRESUMPTIVELY ELIGIBLE FOR ASSISTANCE UNDER
THIS TITLE PURSUANT  TO  SUBDIVISION  SEVEN  OF  SECTION  THREE  HUNDRED
SIXTY-FOUR-I OF THIS TITLE, AND
  B.  WOULD  NOT  BE  DEEMED INELIGIBLE TO PARTICIPATE IN A MANAGED CARE
PROGRAM PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION.
  S 3. 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; and provided further  that  the
amendments  to  section 364-j of the social services law made by section
two of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.

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