Provides automatic Medicaid eligibility to independent foster care adolescents who are under 21 and in foster care on their 18th birthday

12 Co-sponsors

• Eric Adams
• Ruben Diaz
• Thomas K. Duane
• Ruth Hassell-Thompson
• Liz Krueger
• George Onorato
• John L. Sampson
• Diane J. Savino
• Eric T. Schneiderman
• José M. Serrano
• Toby Ann Stavisky
• Antoine M. Thompson

Title of bill

An act to amend the social services law, in relation to medicaid eligibility for independent foster care adolescents

Purpose

Provides automatic Medicaid eligibility to independent foster care adolescents who are under 21 and were in foster care on their 18th birthday.

Summary of provisions

This bill amends Subparagraph 3 of paragraph (a) of subdivision 1 of Section 366 of the Social Services Law, as amended by chapter 309 of the laws of 1996, by adding a new clause (E). Also amends Subdivision 1 of Section 368-a by adding a new paragraph (2).

Existing law

Children leaving foster care are only eligible for Medicaid if they meet the income criteria (below $592 a month income for a single individual).

Justification

Children who are aging out of foster care are at an extreme disadvantage compared to children who are simply moving away from home. These foster care children have no family to cover them on their insurance, no one to send them a care package if they are in need of food or toiletries, and no place to go if they are struggling to keep a roof Over their head. The income limits for public assistance and most other services are out of reach if an individual has a full time minimum wage job, which is the starting point for many young people. These children are already at a disadvantage entering the adult world, and the foster care system is inconsistent with preparing these children for life on their own. It is for these reasons, as well as the fact that many of these children have physical and mental health needs that must be monitored after they leave the system, that the Federal Government passed legislation allowing the States to provide this coverage to children. Children leaving foster care for independent living are only Covered by Medicaid for th8 six month trial discharge period because they are technically still in foster care. By giving automatic eligibility for these children, there will be a seamless system created that will allow these children to maintain the treatment and care they are receiving at the time of their discharge. This has already been implemented in 4 States (Arizona, California, New Jersey and Wyoming).

LEGISLATIVE HISTORY :; 2007/08: S.3155 - Died in Committee 2005/06: S.1305 - Died in Committee 2003/04: S.3240 - Died in Committee 2001/02: S.5197 - Died in Committee

Fiscal implications

State share would be approximately $4.2 million in the first year, $8.4 million in the second year, and $12.6 million in the third year and beyond (based on numbers contained in the Office of Children and Family Services Monitoring and Analysis Profiles). The cost of the program will be shared between the State and Federal governments; no local share. However, the real cost may be significantly lower because a number of these children may already be Medicaid eligible and receiving Medicaid. The possibility also exists that these amounts may significantly decrease because the Adoption and Safe Families Act has increased the numbers of adoptions and subsequently decrease in the number of foster children remaining in the system until they age out.

Effective date

This Act shall take effect on the first of the federal fiscal quarter next succeeding the date on which it shall have become a law.