BILL NUMBER:S2877

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 9 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 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 managed 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:

2013-14: S.956A - Referred to Health
2011-12: S.3072/A1553 - Referred to Health
2010: S.6969/A.11020 - 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 OCFS and DOH  shall  promulgate  any
rules  or  regulations necessary for the implementation of this act on
such effective date.