S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8427
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 10, 2025
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the social services law and the state  finance  law,  in
   relation to increasing Medicaid reimbursement rates for certain behav-
   ioral  health  services provided to individuals under the age of twen-
   ty-one

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The social services law is amended by adding a new section
 364-k to read as follows:
   § 364-K. CHILDREN'S BEHAVIORAL HEALTH OUTPATIENT RATES. 1.    NOTWITH-
 STANDING  ANY  PROVISION  OF  LAW  TO  THE  CONTRARY, AND SUBJECT TO THE
 APPROVAL OF A PLAN DEVELOPED BY  THE  COMMISSIONER  OF  HEALTH  AND  THE
 DIRECTOR  OF THE BUDGET, BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-SIX,
 MEDICAID PAYMENTS MADE FOR OUTPATIENT BEHAVIORAL HEALTH CLINIC  SERVICES
 FOR  INDIVIDUALS  UNDER  THE  AGE OF TWENTY-ONE, PROVIDED UNDER ARTICLES
 THIRTY-ONE AND ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE  LAW,  SHALL  BE
 INCREASED  BY  AT LEAST THIRTY-FIVE PERCENT. SUCH RATE INCREASE SHALL BE
 SUBJECT TO FEDERAL FINANCIAL PARTICIPATION.
   2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  AND  SUBJECT
 TO  THE  APPROVAL  OF A PLAN DEVELOPED BY THE COMMISSIONER OF HEALTH AND
 THE DIRECTOR OF THE BUDGET, BEGINNING APRIL FIRST, TWO THOUSAND  TWENTY-
 SIX,  MEDICAID  PAYMENTS  MADE  FOR  OUTPATIENT BEHAVIORAL HEALTH CLINIC
 SERVICES FOR INDIVIDUALS UNDER THE AGE  OF  TWENTY-ONE,  PROVIDED  UNDER
 ARTICLES  THIRTY-ONE  AND  ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW,
 SHALL INCLUDE, WHERE APPLICABLE, A CARE COORDINATION  FEE  OF  AT  LEAST
 SEVEN  DOLLARS AND FIFTY CENTS PER MEMBER, PER MONTH. SUCH RATE INCREASE
 SHALL BE SUBJECT TO FEDERAL FINANCIAL PARTICIPATION.
   3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  AND  SUBJECT
 TO  THE  APPROVAL  OF A PLAN DEVELOPED BY THE COMMISSIONER OF HEALTH AND
 THE DIRECTOR OF THE BUDGET, BEGINNING APRIL FIRST, TWO THOUSAND  TWENTY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13201-01-5
              

 S. 8427                             2
 
 SIX,  MEDICAID  PAYMENTS  MADE  FOR  OUTPATIENT BEHAVIORAL HEALTH CLINIC
 SERVICES FOR INDIVIDUALS UNDER THE AGE  OF  TWENTY-ONE,  PROVIDED  UNDER
 ARTICLES  THIRTY-ONE  AND  ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW,
 SHALL  INCLUDE  A  THREE  AND TWO TENTHS PERCENT TREND FACTOR. SUCH RATE
 INCREASE SHALL BE SUBJECT TO FEDERAL FINANCIAL PARTICIPATION.
   4. BY OCTOBER FIRST, TWO THOUSAND TWENTY-FIVE, THE COMMISSIONER  SHALL
 PREPARE  AND  SUBMIT TO THE CENTERS FOR MEDICARE AND MEDICAID SERVICES A
 STATE PLAN AMENDMENT PURSUANT TO  SECTIONS  ONE  THOUSAND  NINE  HUNDRED
 FIFTEEN-C  AND  ONE  THOUSAND ONE HUNDRED FIFTEEN OF THE SOCIAL SECURITY
 ACT, 42 USC 1315, TO IMPLEMENT A RATE INCREASE OF  AT  LEAST  FORTY-FIVE
 MILLION  DOLLARS  FOR  HOME  AND  COMMUNITY BASED SERVICES AND CHILD AND
 FAMILY AND SUPPORT SERVICES.
   5. BY OCTOBER FIRST, TWO THOUSAND TWENTY-FIVE, THE COMMISSIONER  SHALL
 PREPARE  AND  SUBMIT TO THE CENTERS FOR MEDICARE AND MEDICAID SERVICES A
 STATE PLAN AMENDMENT, PURSUANT TO SECTIONS  ONE  THOUSAND  NINE  HUNDRED
 FIFTEEN-C  AND  ONE  THOUSAND ONE HUNDRED FIFTEEN OF THE SOCIAL SECURITY
 ACT, 42 USC 1315, TO IMPLEMENT, WHERE APPLICABLE,  A  CARE  COORDINATION
 FEE  OF  AT LEAST SEVEN DOLLARS AND FIFTY CENTS PER MEMBER PER MONTH FOR
 HOME AND COMMUNITY BASED SERVICES AND CHILD  AND  FAMILY  TREATMENT  AND
 SUPPORT SERVICES.
   6.  BY OCTOBER FIRST, TWO THOUSAND TWENTY-FIVE, THE COMMISSIONER SHALL
 PREPARE AND SUBMIT TO THE CENTERS FOR MEDICARE AND MEDICAID  SERVICES  A
 STATE  PLAN  AMENDMENT,  PURSUANT  TO SECTIONS ONE THOUSAND NINE HUNDRED
 FIFTEEN-C AND ONE THOUSAND ONE HUNDRED FIFTEEN OF  THE  SOCIAL  SECURITY
 ACT,  42  USC  1315,  TO  IMPLEMENT A THREE AND TWO TENTHS PERCENT TREND
 FACTOR FOR HOME AND COMMUNITY BASED SERVICES AND CHILD AND FAMILY TREAT-
 MENT AND SUPPORT SERVICES.
   § 2. Paragraph (b) of subdivision 3 of  section  99-ss  of  the  state
 finance law, as amended by section 2 of part F of chapter 57 of the laws
 of 2025, is amended to read as follows:
   (b)  funding  the non-federal share of the medical assistance program,
 including supplemental support for the delivery of health care  services
 to  medical assistance program enrollees and quality incentive programs,
 AND CHILDREN'S BEHAVIORAL HEALTH OUTPATIENT RATE INCREASES AS SET  FORTH
 UNDER SECTION THREE HUNDRED SIXTY-FOUR-K OF THE SOCIAL SERVICES LAW;
   § 3. This act shall take effect immediately.