S 8427: Increases Medicaid reimbursement rates for certain behavioral health services provided to individuals under the age of twenty-one; directs that funds in the healthcare stability fund can be used for the funding of children's behavioral health outpatient rate increases.

  
  STATE OF NEW YORK ________________________________________________________________________ 8427 2025-2026 Regular Sessions  IN SENATE June 10, 2025 ___________ Introduced by Sen. BROUK -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the social services law and the state finance law, in relation to increasing Medicaid reimbursement rates for certain behav- ioral health services provided to individuals under the age of twen- ty-one The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The social services law is amended by adding a new section 2 364-k to read as follows: 3 § 364-k. Children's behavioral health outpatient rates. 1. Notwith- 4 standing any provision of law to the contrary, and subject to the 5 approval of a plan developed by the commissioner of health and the 6 director of the budget, beginning April first, two thousand twenty-six, 7 Medicaid payments made for outpatient behavioral health clinic services 8 for individuals under the age of twenty-one, provided under articles 9 thirty-one and article thirty-two of the mental hygiene law, shall be 10 increased by at least thirty-five percent. Such rate increase shall be 11 subject to federal financial participation. 12 2. Notwithstanding any provision of law to the contrary, and subject 13 to the approval of a plan developed by the commissioner of health and 14 the director of the budget, beginning April first, two thousand twenty- 15 six, Medicaid payments made for outpatient behavioral health clinic 16 services for individuals under the age of twenty-one, provided under 17 articles thirty-one and article thirty-two of the mental hygiene law, 18 shall include, where applicable, a care coordination fee of at least 19 seven dollars and fifty cents per member, per month. Such rate increase 20 shall be subject to federal financial participation. 21 3. Notwithstanding any provision of law to the contrary, and subject 22 to the approval of a plan developed by the commissioner of health and 23 the director of the budget, beginning April first, two thousand twenty- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13201-01-5 
 S. 8427 2 1 six, Medicaid payments made for outpatient behavioral health clinic 2 services for individuals under the age of twenty-one, provided under 3 articles thirty-one and article thirty-two of the mental hygiene law, 4 shall include a three and two tenths percent trend factor. Such rate 5 increase shall be subject to federal financial participation. 6 4. By October first, two thousand twenty-five, the commissioner shall 7 prepare and submit to the Centers for Medicare and Medicaid Services a 8 state plan amendment pursuant to sections one thousand nine hundred 9 fifteen-c and one thousand one hundred fifteen of the social security 10 act, 42 USC 1315, to implement a rate increase of at least forty-five 11 million dollars for home and community based services and child and 12 family and support services. 13 5. By October first, two thousand twenty-five, the commissioner shall 14 prepare and submit to the Centers for Medicare and Medicaid Services a 15 state plan amendment, pursuant to sections one thousand nine hundred 16 fifteen-c and one thousand one hundred fifteen of the social security 17 act, 42 USC 1315, to implement, where applicable, a care coordination 18 fee of at least seven dollars and fifty cents per member per month for 19 home and community based services and child and family treatment and 20 support services. 21 6. By October first, two thousand twenty-five, the commissioner shall 22 prepare and submit to the Centers for Medicare and Medicaid Services a 23 state plan amendment, pursuant to sections one thousand nine hundred 24 fifteen-c and one thousand one hundred fifteen of the social security 25 act, 42 USC 1315, to implement a three and two tenths percent trend 26 factor for home and community based services and child and family treat- 27 ment and support services. 28 § 2. Paragraph (b) of subdivision 3 of section 99-ss of the state 29 finance law, as amended by section 2 of part F of chapter 57 of the laws 30 of 2025, is amended to read as follows: 31 (b) funding the non-federal share of the medical assistance program, 32 including supplemental support for the delivery of health care services 33 to medical assistance program enrollees and quality incentive programs, 34 and children's behavioral health outpatient rate increases as set forth 35 under section three hundred sixty-four-k of the social services law; 36 § 3. This act shall take effect immediately.