S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11020

                          I N  A S S E M B L Y

                              May 10, 2010
                               ___________

Introduced  by  M.  of A. ORTIZ, GIBSON, MILLMAN, BOYLAND -- Multi-Spon-
  sored by -- M. of A.  JOHN, McENENY, ROBINSON, TITONE -- read once and
  referred to the Committee on Social Services

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.
  S  2.  Paragraph  (c)  of subdivision 3 of section 364-j of the social
services law is amended by adding a new subparagraph  (vi)  to  read  as
follows:
  (VI)  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD16078-02-0

A. 11020                            2

  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.