BILL NUMBER: S999
SPONSOR: BROUK
 
TITLE OF BILL:
An act to amend the social services law, in relation to reimbursement
for early and periodic screening, diagnosis and treatment
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would expand school-based health coverage for under-
served students that do not have Individualized Education Plans (IEPs).
 
SUMMARY OF PROVISIONS:
Section 1 amends sections 368-d, which was amended by chapter 58 of the
laws of 2009, to eliminate handicapping conditions, suspected handicap-
ping conditions and/or the lack of an IEP as barriers to school-based
health services for children and that the state must apply for all,
available funds to implement this coverage.
Section 2 amends sections 368-e, which was amended by chapter 58 of the
laws of 2009, to eliminate handicapping conditions, suspected handicap-
ping conditions and/or the lack of an IEP as barriers to school-based
health services for pre-school-aged children and that the state must
apply for all available funds to implement this coverage.
Section 3 provides the effective date.
 
JUSTIFICATION:
The COVID-19 pandemic has underscored the critical role that schools
play in providing health and wellness services to students. All students
in New York State should have equitable access to physical, mental, and
behavioral health services for their wellness and success. Currently,
New York State is able to bill the Centers for Medicare & Medicaid
Services (CMS) for school-based health and mental health services for
Medicaid-enrolled students that have Individualized Education Plans
(IEPs). This policy, which was reversed in 2014 is known as the Free
Care Reversal Rule. This change now allows States to amend their Medi-
caid plans to expand billing of Medicaid for services provided to
students without IEPs. This change in Medicaid policy will address
devastated communities that have been stigmatized when potentially iden-
tifying and addressing issues with mental health or disabilities, which
negatively influences how families approach securing IEPs for their
children.
The legislation would mandate the Department of Health and the State
Education Department to submit a Medicaid state plan amendment to CMS,
which will ensure that the state's policy extends coverage of school
based mental, physical, and behavioral health services to all under-
served students in the state. Additionally, this bill would expand the
services covered and provided to students. Lastly, this legislation
would allow the state to leverage federal matching funds to cover the
expansion of coverage and the increase in the types of services and
qualifying providers.
 
PRIOR LEGISLATIVE HISTORY:
2021-22: S8639 Reported and committed to Finance.
2023-24: S1875 Reported and committed to Finance.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.