BILL NUMBER: S5748

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the social services law, in relation to medicaid eligi-
bility 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: Section 364-i of the social services law is amended by adding
a new subdivision 9.

Section 2: This act shall take effect on the ninetieth day after it
shall have become a law. Effective immediately the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
              

of this act on its effective date are authorized to be made on or before
such date.

 
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 unneces-
sary 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 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:

2021-22: S4766A - Referred to Health

2019-20: S 4205 REFERRED TO HEALTH

2017-18: S 2697 REFERRED TO HEALTH

2015-16: S.2877/A.5923 - Referred to Health

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:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made on or before
such date.