Relates to medicaid eligibility for youth leaving court ordered placement

1 Co-sponsor

• Ruth Hassell-Thompson

BILL NUMBER:S2877

Title of bill

An act to amend the social services law, in relation to medicaid eligibility 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 of the bill amend section 364-i of the social services law to add a new subdivision 9 providing presumptive Medicaid eligibility to youth leaving court ordered placement in an office of children and family services juvenile justice facility. Such presumptive eligibility shall continue until a medical assistance eligibility determination is made or 60 days from release of the youth from placement, whichever is sooner.

Section 2 of the bill provides for an effective date 90 days after enactment.

Existing law

Section 364-i of the social services law establishes the medical assistance presumptive eligibility program for various groups of individuals. Section 364-j of the social services law establishes the Medicaid managed care program.

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 unnecessary 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 eligibility for 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

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

90th day after enactment provided OCFS and DOH shall promulgate any rules or regulations necessary for the implementation of this act on such effective date.