Bill Text: NY S06668 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides presumptive eligibility for medical assistance benefits for individuals released from correctional facilities for at least sixty days following release.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-01-03 - REFERRED TO HEALTH [S06668 Detail]
Download: New_York-2023-S06668-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6668 2023-2024 Regular Sessions IN SENATE May 4, 2023 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the social services law and the correction law, in relation to presumptive eligibility for medical assistance benefits of individuals leaving incarceration The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 364-i of the social services law is amended by 2 adding a new subdivision 9 to read as follows: 3 9. (a) An individual who is incarcerated by the department of 4 corrections and community supervision, or in a local correctional facil- 5 ity as defined in section two of the correction law, shall be presumed 6 eligible for medical assistance under this title beginning on the date 7 of their release from incarceration, where the department of corrections 8 and community supervision or the local correctional facility determines, 9 on the basis of preliminary information, that the individual is eligible 10 for coverage under paragraph (b) or (c) of subdivision one of section 11 three hundred sixty-six of this title. 12 (b) The presumptive eligibility shall continue through the earlier of: 13 the day on which eligibility is determined under this title; or, in the 14 case of an individual for whom an application for assistance under this 15 title is not filed or who does not file an application for such assist- 16 ance, sixty days after release of such individual from incarceration. 17 (c) This subdivision shall be effective only if, and as long as, 18 federal financial participation is available for expenditures incurred 19 under this subdivision. 20 (d) The commissioner of health shall take all steps necessary and 21 shall use best efforts to secure federal financial participation for 22 purposes of this subdivision, including the prompt submission of appro- 23 priate amendments to the state plan under title XIX of the federal 24 social security act. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02422-04-3S. 6668 2 1 (e) The commissioner of health shall, in consultation with the depart- 2 ment of corrections and community supervision, the office of temporary 3 and disability assistance, the office of mental health, the office of 4 addiction services and supports and any other entity or individuals that 5 such commissioner shall deem necessary, which shall include represen- 6 tatives from local governments, formerly incarcerated individuals, and 7 representatives of programs providing services to currently or formerly 8 incarcerated individuals, develop processes for enrolling all individ- 9 uals incarcerated in state and local correctional facilities into the 10 medical assistance program under this subdivision or any other health 11 insurance program for which they are eligible, and ensure that all indi- 12 viduals are able to utilize the medical assistance program or other 13 insurance program to begin receiving medical services immediately upon 14 their release from incarceration. The commissioner of health shall also 15 develop processes for assisting all local correctional facilities in 16 making determinations of presumptive eligibility for medical assistance 17 under this subdivision, including engaging local governments as neces- 18 sary for this purpose. The commissioner of health shall also develop 19 materials and information for educating individuals hired by local 20 governments regarding eligibility and processes for enrolling incarcer- 21 ated individuals into the medical assistance or other insurance 22 programs, and materials to educate individuals leaving correctional 23 facilities about the medical assistance program, including what steps 24 need to be taken to ensure continued enrollment in the program for those 25 deemed presumptively eligible, and how to begin receiving medical 26 services upon release from incarceration. 27 § 2. Paragraphs (e) and (f) of subdivision 9 of section 500-b of the 28 correction law, as amended by chapter 574 of the laws of 1985, are 29 amended to read as follows: 30 (e) court orders which have been issued and which relate to staffing, 31 jail capacity or security requirements; [and] 32 (f) the number of any individuals in the custody of each facility (1) 33 enrolled in medical assistance or other medical insurance programs at 34 the time of their incarceration; (2) enrolled into such programs during 35 their incarceration, including whether they were enrolled through social 36 services districts or the New York State Health Benefits Exchange 37 portal; (3) released with proof of enrollment in such programs; and (4) 38 released without proof of enrollment in such programs; and 39 (g) any other information requested by the commission and available to 40 the chief administrative officer with respect to this section. 41 § 3. Section 45 of the correction law is amended by adding a new 42 subdivision 20 to read as follows: 43 20. Make an annual report, in consultation with the commissioner of 44 health, to the governor, the temporary president of the senate, and the 45 speaker of the assembly containing information obtained from local 46 correctional facilities under paragraph (f) of subdivision nine of 47 section five hundred-b of this chapter regarding enrollment in the 48 medical assistance for needy persons program or other medical insurance 49 program of applicants in the custody of local correctional facilities. 50 The first report under this subdivision shall be completed by December 51 thirty-first, two thousand twenty-four, and annually thereafter. 52 § 4. This act shall take effect on the one hundred eightieth day after 53 it shall have become a law; provided, however, that the amendments to 54 section 500-b of the correction law made by section two of this act 55 shall not affect the repeal of such section and shall be deemed repealed 56 therewith. Effective immediately, the commissioner of health, theS. 6668 3 1 commissioner of corrections and community supervision, and the super- 2 intendents of local correctional facilities shall make regulations and 3 take other actions reasonably necessary to implement the provisions of 4 this act on its effective date.
