Relates to medicaid eligibility for youth leaving court ordered placement.
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.
STATE OF NEW YORK ________________________________________________________________________ 3072--A 2011-2012 Regular Sessions IN SENATE 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.