BILL NUMBER:S956

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:
2011-12; S.3072/A1553 - Died in Health
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.