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

                                  4975

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

Introduced  by  M.  of A. ORTIZ, GIBSON, MILLMAN, BOYLAND -- Multi-Spon-
  sored by -- M. of A.   BRENNAN, 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 (x) to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02822-01-3
              

A. 4975                             2

  (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.