STATE OF NEW YORK
        ________________________________________________________________________

                                          9256

                   IN ASSEMBLY

                                    February 9, 2022
                                       ___________

        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Health

        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:

     1    Section 1. Section 364-i of the social  services  law  is  amended  by
     2  adding a new subdivision 9 to read as follows:
     3    9. Youth leaving court ordered placement; presumptive eligibility. (a)
     4  Notwithstanding  any  other  provision of law to the contrary, youth who
     5  have been placed pursuant to subdivision two, two-a, three  or  four  of
     6  section  353.3  or  section  353.5  of  the  family  court act, shall be
     7  presumed eligible for medical assistance under this title  beginning  on
     8  the date of their release from such placement.
     9    (b) Such presumptive eligibility shall continue through the earlier of
    10  the day on which a determination is made with respect to the eligibility
    11  of  the youth for assistance pursuant to this title, or in the case of a
    12  youth for whom an application for assistance pursuant to this  title  is
    13  not  filed  on his or her behalf or who does not file an application for
    14  such assistance, sixty days from the release of such youth  from  place-
    15  ment  ordered  pursuant  to  subdivision  two,  two-a,  three or four of
    16  section 353.3 or section 353.5 of the family court act.
    17    (c) Care, services and supplies, as set forth in section three hundred
    18  sixty-five-a of this title, that are  furnished  to  a  youth  during  a
    19  presumptive  eligibility period under this subdivision by an entity that
    20  is eligible for payments under this title shall be deemed to be  medical
    21  assistance for purposes of payment and state reimbursement.
    22    §  2.  This  act shall take effect on the ninetieth day after it shall
    23  have become a law. Effective immediately the addition, amendment  and/or
    24  repeal  of  any  rule  or regulation necessary for the implementation of
    25  this act on its effective date are authorized to be made  on  or  before
    26  such date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00310-01-1