S T A T E O F N E W Y O R K
________________________________________________________________________
2417
2021-2022 Regular Sessions
I N A S S E M B L Y
January 19, 2021
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Introduced by M. of A. BARRON, HYNDMAN, TAYLOR, COLTON, DE LA ROSA,
FRONTUS, WILLIAMS -- Multi-Sponsored by -- M. of A. ABINANTI, COOK,
DAVILA, GOTTFRIED, MONTESANO, O'DONNELL, PERRY, WALKER -- read once
and referred 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 9 to read as follows:
9. 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 TWO, TWO-A, THREE OR FOUR OF
SECTION 353.3 OR SECTION 353.5 OF THE FAMILY COURT ACT, SHALL BE
PRESUMED ELIGIBLE FOR MEDICAL ASSISTANCE 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 TWO, TWO-A, THREE OR FOUR OF
SECTION 353.3 OR SECTION 353.5 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.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made on or before
such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00310-01-1