Bill Text: NY S03072 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to medicaid eligibility for youth leaving court ordered placement.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2012-01-05 - PRINT NUMBER 3072A [S03072 Detail]

Download: New_York-2011-S03072-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3072
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 8, 2011
                                      ___________
       Introduced    by   Sens.   HUNTLEY,   DIAZ,   MONTGOMERY,   OPPENHEIMER,
         STEWART-COUSINS -- 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 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 7 to read as follows:
    3    7. 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 THREE OR FOUR OF SECTION  353.3
    6  OF  THE FAMILY COURT ACT, SHALL BE PRESUMED ELIGIBLE FOR MEDICAL ASSIST-
    7  ANCE UNDER THIS TITLE BEGINNING ON THE DATE OF THEIR RELEASE  FROM  SUCH
    8  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 THREE OR FOUR OF SECTION 353.3 OF
   16  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    S  2.  Paragraph  (c)  of subdivision 3 of section 364-j of the social
   23  services law is amended by adding a new subparagraph  (vi)  to  read  as
   24  follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04008-01-1
       S. 3072                             2
    1    (VI)  A  YOUTH  WHO HAS LEFT PLACEMENT ORDERED PURSUANT TO SUBDIVISION
    2  THREE OR FOUR OF SECTION 353.3 OF THE FAMILY COURT ACT WITHIN  THE  LAST
    3  SIXTY DAYS WHO:
    4    A.  IS  CONSIDERED  TO  BE PRESUMPTIVELY ELIGIBLE FOR ASSISTANCE UNDER
    5  THIS TITLE PURSUANT  TO  SUBDIVISION  SEVEN  OF  SECTION  THREE  HUNDRED
    6  SIXTY-FOUR-I OF THIS TITLE, AND
    7    B.  WOULD  NOT  BE  DEEMED INELIGIBLE TO PARTICIPATE IN A MANAGED CARE
    8  PROGRAM PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION.
    9    S 3. This act shall take effect on the ninetieth day  after  it  shall
   10  have  become  a  law; provided however, that effective  immediately, the
   11  office of children and family services  and  the  department  of  health
   12  shall  promulgate any rules or regulations necessary for the implementa-
   13  tion of this act on such effective date; and provided further  that  the
   14  amendments  to  section 364-j of the social services law made by section
   15  two of this act shall not affect the repeal of such section and shall be
   16  deemed repealed therewith.