BILL NUMBER:  S6969

 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 :
New Bill.

 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.