BILL NUMBER: S4205

SPONSOR: PARKER
 
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 9 providing presumptive Medicaid eligibility to
youth leaving court ordered placement in an office of children and fami-
ly 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 assist-
ance 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 unneces-
sary 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:

2017-18: S 2697 REFERRED TO HEALTH
2015-16: S.2877/A.5923 - Referred to Health
2013-14: S.956A - Referred to Health
2011-12: S.3072/A1553 - Referred to 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.