Senate Bill S1271

                                 BILL NUMBER:  S1271

 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.