S T A T E O F N E W Y O R K
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1553--A
2011-2012 Regular Sessions
I N A S S E M B L Y
January 10, 2011
___________
Introduced by M. of A. ORTIZ, GIBSON, MILLMAN, BOYLAND -- Multi-Spon-
sored by -- M. of A. BRENNAN, McENENY, ROBINSON, TITONE -- read once
and referred to the Committee on Social Services -- recommitted to the
Committee on Social Services in accordance with Assembly Rule 3, sec.
2 -- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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:
Section 1. Section 364-i of the social services law is amended by
adding a new subdivision 7 to read as follows:
7. YOUTH LEAVING COURT ORDERED PLACEMENT; PRESUMPTIVE ELIGIBILITY. (A)
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, YOUTH WHO
HAVE BEEN PLACED PURSUANT TO SUBDIVISION THREE OR FOUR OF SECTION 353.3
OF THE FAMILY COURT ACT, SHALL BE PRESUMED ELIGIBLE FOR MEDICAL ASSIST-
ANCE UNDER THIS TITLE BEGINNING ON THE DATE OF THEIR RELEASE FROM SUCH
PLACEMENT.
(B) SUCH PRESUMPTIVE ELIGIBILITY SHALL CONTINUE THROUGH THE EARLIER OF
THE DAY ON WHICH A DETERMINATION IS MADE WITH RESPECT TO THE ELIGIBILITY
OF THE YOUTH FOR ASSISTANCE PURSUANT TO THIS TITLE, OR IN THE CASE OF A
YOUTH FOR WHOM AN APPLICATION FOR ASSISTANCE PURSUANT TO THIS TITLE IS
NOT FILED ON HIS OR HER BEHALF OR WHO DOES NOT FILE AN APPLICATION FOR
SUCH ASSISTANCE, SIXTY DAYS FROM THE RELEASE OF SUCH YOUTH FROM PLACE-
MENT ORDERED PURSUANT TO SUBDIVISION THREE OR FOUR OF SECTION 353.3 OF
THE FAMILY COURT ACT.
(C) CARE, SERVICES AND SUPPLIES, AS SET FORTH IN SECTION THREE HUNDRED
SIXTY-FIVE-A OF THIS TITLE, THAT ARE FURNISHED TO A YOUTH DURING A
PRESUMPTIVE ELIGIBILITY PERIOD UNDER THIS SUBDIVISION BY AN ENTITY THAT
IS ELIGIBLE FOR PAYMENTS UNDER THIS TITLE SHALL BE DEEMED TO BE MEDICAL
ASSISTANCE FOR PURPOSES OF PAYMENT AND STATE REIMBURSEMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04008-03-1
A. 1553--A 2
S 2. Paragraph (c) of subdivision 3 of section 364-j of the social
services law is amended by adding a new subparagraph (x) to read as
follows:
(X) A YOUTH WHO HAS LEFT PLACEMENT ORDERED PURSUANT TO SUBDIVISION
THREE OR FOUR OF SECTION 353.3 OF THE FAMILY COURT ACT WITHIN THE LAST
SIXTY DAYS WHO:
A. IS CONSIDERED TO BE PRESUMPTIVELY ELIGIBLE FOR ASSISTANCE UNDER
THIS TITLE PURSUANT TO SUBDIVISION SEVEN OF SECTION THREE HUNDRED
SIXTY-FOUR-I OF THIS TITLE, AND
B. WOULD NOT BE DEEMED INELIGIBLE TO PARTICIPATE IN A MANAGED CARE
PROGRAM PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law; provided however, that effective immediately, the
office of children and family services and the department of health
shall promulgate any rules or regulations necessary for the implementa-
tion of this act on such effective date; and provided further that the
amendments to section 364-j of the social services law made by section
two of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.