NY State Senate Bill 2025-S999

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to health

co-Sponsors

2025-S999 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §§368-d & 368-e, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8639
2023-2024: S1875

2025-S999 (ACTIVE) - Summary

Requires the department of health to review claims for expenditures for early and periodic screening, diagnosis and treatment and other health services, care and supplies which are furnished to eligible children and pre-school children regardless of whether such children have handicapping conditions, are suspected of having handicapping conditions or have an individualized education plan; requires the department of health to apply for all necessary federal approvals regarding such expenditures.

2025-S999 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S999

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend the social services law, in relation to reimbursement
for early and periodic screening, diagnosis and treatment

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would expand school-based health coverage for under-
served students that do not have Individualized Education Plans (IEPs).

 
SUMMARY OF PROVISIONS:

Section 1 amends sections 368-d, which was amended by chapter 58 of the
laws of 2009, to eliminate handicapping conditions, suspected handicap-
ping conditions and/or the lack of an IEP as barriers to school-based
health services for children and that the state must apply for all,
available funds to implement this coverage.

Section 2 amends sections 368-e, which was amended by chapter 58 of the

laws of 2009, to eliminate handicapping conditions, suspected handicap-
ping conditions and/or the lack of an IEP as barriers to school-based
health services for pre-school-aged children and that the state must
apply for all available funds to implement this coverage.

Section 3 provides the effective date.

 
JUSTIFICATION:

The COVID-19 pandemic has underscored the critical role that schools
play in providing health and wellness services to students. All students
in New York State should have equitable access to physical, mental, and
behavioral health services for their wellness and success. Currently,
New York State is able to bill the Centers for Medicare & Medicaid
Services (CMS) for school-based health and mental health services for
Medicaid-enrolled students that have Individualized Education Plans
(IEPs). This policy, which was reversed in 2014 is known as the Free
Care Reversal Rule. This change now allows States to amend their Medi-
caid plans to expand billing of Medicaid for services provided to
students without IEPs. This change in Medicaid policy will address
devastated communities that have been stigmatized when potentially iden-
tifying and addressing issues with mental health or disabilities, which
negatively influences how families approach securing IEPs for their
children.

The legislation would mandate the Department of Health and the State
Education Department to submit a Medicaid state plan amendment to CMS,
which will ensure that the state's policy extends coverage of school
based mental, physical, and behavioral health services to all under-
served students in the state. Additionally, this bill would expand the
services covered and provided to students. Lastly, this legislation
would allow the state to leverage federal matching funds to cover the
expansion of coverage and the increase in the types of services and
qualifying providers.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S8639 Reported and committed to Finance.

2023-24: S1875 Reported and committed to Finance.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S999 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    999
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by Sens. BROUK, GONZALEZ, GOUNARDES, HOYLMAN-SIGAL, RIVERA --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Health
 
 AN ACT to amend the social services law, in  relation  to  reimbursement
   for early and periodic screening, diagnosis and treatment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1  and  3  of  section  368-d  of  the  social
 services  law,  as  amended by section 54 of part B of chapter 58 of the
 laws of 2009, are amended to read as follows:
   1. The department of health shall review claims for expenditures  made
 by   or   on   behalf  of  local  public  school  districts,  and  state
 operated/state supported  schools  which  operate  pursuant  to  article
 eighty-five,  eighty-seven  or  eighty-eight  of  the education law, for
 medical care, services and supplies which are furnished to children with
 handicapping conditions or such children suspected of  having  handicap-
 ping  conditions, as such children are defined in the education law. THE
 DEPARTMENT OF HEALTH SHALL ALSO REVIEW CLAIMS FOR EXPENDITURES FOR EARLY
 AND  PERIODIC  SCREENING,  DIAGNOSIS  AND  TREATMENT  AND  OTHER  HEALTH
 SERVICES,  CARE  AND  SUPPLIES  WHICH ARE FURNISHED TO ELIGIBLE CHILDREN
 REGARDLESS OF WHETHER THE CHILDREN  HAVE  HANDICAPPING  CONDITIONS,  ARE
 SUSPECTED  OF  HAVING  HANDICAPPING CONDITIONS OR HAVE AN INDIVIDUALIZED
 EDUCATION PLAN. If approved by the department, payment for such  medical
 care, services and supplies which would otherwise qualify for reimburse-
 ment  under  this  title and which are furnished in accordance with this
 title and the regulations of the department to such children,  shall  be
 made in accordance with the department's approved medical assistance fee
 schedules  by  payment  to  such local public school district, and state
 operated/state supported  schools  which  operate  pursuant  to  article
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01899-01-5

 S. 999                              2
 
 eighty-five,  eighty-seven  or  eighty-eight of the education law, which
 furnished the care, services or supplies either directly or by contract.
   3.  THE  DEPARTMENT  OF  HEALTH  SHALL APPLY FOR ALL NECESSARY FEDERAL
 APPROVALS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. The provisions of
 this section shall be of  no  force  and  effect  unless  all  necessary
 approvals under federal law and regulation have been obtained to receive
 federal  financial  participation  in  the costs of health care services
 provided pursuant to this section.
   § 2. Subdivision 1 and the closing paragraph of section 368-e  of  the
 social services law, as amended by section 55 of part B of chapter 58 of
 the laws of 2009, are amended to read as follows:
   1.  The department of health shall review claims for expenditures made
 by counties and the city of New York  for  medical  care,  services  and
 supplies  which  are  furnished  to preschool children with handicapping
 conditions or such preschool children suspected of  having  handicapping
 conditions,  as  such  children  are  defined  in the education law. THE
 DEPARTMENT OF HEALTH SHALL ALSO REVIEW CLAIMS FOR EXPENDITURES FOR EARLY
 AND  PERIODIC  SCREENING,  DIAGNOSIS  AND  TREATMENT  AND  OTHER  HEALTH
 SERVICES,  CARE  AND SUPPLIES WHICH ARE FURNISHED TO ELIGIBLE PRE-SCHOOL
 CHILDREN REGARDLESS OF WHETHER THE PRE-SCHOOL CHILDREN HAVE HANDICAPPING
 CONDITIONS, ARE SUSPECTED OF HAVING HANDICAPPING CONDITIONS OR  HAVE  AN
 INDIVIDUALIZED  EDUCATION  PLAN.  If approved by the department, payment
 for such medical care, services and supplies which would otherwise qual-
 ify for reimbursement under  this  title  and  which  are  furnished  in
 accordance with this title and the regulations of the department to such
 children,  shall  be  made  in accordance with the department's approved
 medical assistance fee schedules by payment to such county or city which
 furnished the care, services or supplies either directly or by contract.
 Notwithstanding any provisions of law, rule or regulation to the contra-
 ry, any clinic or diagnostic and treatment center licensed under article
 twenty-eight of the public health law, which as determined by the  state
 education  department, in conjunction with the department of health, has
 a less than arms length relationship with the  provider  approved  under
 section  forty-four  hundred  ten of the education law shall, subject to
 the approval of the department and based on standards developed  by  the
 department,  be  authorized  to  directly submit such claims for medical
 assistance, services or supplies so furnished for any  period  beginning
 on  or after July first, nineteen hundred ninety-seven.  The actual full
 cost of the individualized  education  program  (IEP)  related  services
 incurred  by  the clinic shall be reported on the New York State Consol-
 idated Fiscal Report in the education law section forty-four hundred ten
 program cost center in which the student is placed  and  the  associated
 medical assistance revenue shall be reported in the same manner.
   6.  THE  DEPARTMENT  OF  HEALTH  SHALL APPLY FOR ALL NECESSARY FEDERAL
 APPROVALS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. The provisions of
 this section shall be of  no  force  and  effect  unless  all  necessary
 approvals under federal law and regulation have been obtained to receive
 federal  financial  participation  in  the costs of health care services
 provided pursuant to this section.
   § 3. This act shall take effect immediately.

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Senate Bill S999

Sponsored By

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

2025-S999 (ACTIVE) - Details

2025-S999 (ACTIVE) - Summary

2025-S999 (ACTIVE) - Sponsor Memo

2025-S999 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S999

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Sponsored By

Samra G. Brouk

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

Kristen Gonzalez

Andrew Gounardes

Brad Hoylman-Sigal

Gustavo Rivera

2025-S999 (ACTIVE) - Details

2025-S999 (ACTIVE) - Summary

2025-S999 (ACTIVE) - Sponsor Memo

2025-S999 (ACTIVE) - Bill Text download pdf

Comments