Senate Bill S8368A

2021-2022 Legislative Session

Relates to enrollment in medical assistance programs for incarcerated individuals

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2021-S8368 - Details

See Assembly Version of this Bill:
A9397
Current Committee:
Senate Finance
Law Section:
Correction Law
Laws Affected:
Amd §71, add §500-q, Cor L; amd §366-a, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:
S4906, A7216

2021-S8368 - Summary

Provides for enrollment of eligible incarcerated persons in the medical assistance for needy persons program; provides for enrollment of incarcerated individuals in other medical assistance programs, where eligible.

2021-S8368 - Sponsor Memo

2021-S8368 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8368
 
                             I N  S E N A T E
 
                             February 17, 2022
                                ___________
 
 Introduced  by  Sens. RIVERA, SALAZAR -- 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:
 
   Section 1. Section 364-i of the social  services  law  is  amended  by
 adding a new subdivision 9 to read as follows:
   9.  (A)  AN  INDIVIDUAL  WHO  IS  INCARCERATED  BY  THE  DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION, OR IN A LOCAL CORRECTIONAL FACIL-
 ITY AS DEFINED IN SECTION TWO OF THE CORRECTION LAW, SHALL  BE  PRESUMED
 ELIGIBLE  FOR  MEDICAL ASSISTANCE UNDER THIS TITLE BEGINNING ON THE DATE
 OF THEIR  RELEASE  FROM  THE  INCARCERATION,  WHERE  THE  DEPARTMENT  OF
 CORRECTIONS AND COMMUNITY SUPERVISION OR THE LOCAL CORRECTIONAL FACILITY
 DETERMINES, ON THE BASIS OF PRELIMINARY INFORMATION, THAT THE INDIVIDUAL
 IS  ELIGIBLE FOR COVERAGE UNDER PARAGRAPHS (B) OR (C) OF SUBDIVISION ONE
 OF SECTION THREE HUNDRED SIXTY-SIX OF THIS TITLE.
   (B) THE PRESUMPTIVE ELIGIBILITY SHALL CONTINUE THROUGH THE EARLIER OF:
 THE DAY ON WHICH ELIGIBILITY IS DETERMINED UNDER THIS TITLE; OR, IN  THE
 CASE  OF AN INDIVIDUAL FOR WHOM AN APPLICATION FOR ASSISTANCE UNDER THIS
 TITLE IS NOT FILED OR WHO DOES NOT FILE AN APPLICATION FOR SUCH  ASSIST-
 ANCE, SIXTY DAYS AFTER RELEASE OF SUCH INDIVIDUAL FROM INCARCERATION.
   (C)  THIS  SUBDIVISION  SHALL  BE  EFFECTIVE  ONLY IF, AND AS LONG AS,
 FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR  EXPENDITURES  INCURRED
 UNDER THIS SUBDIVISION.
   (D)  THE  COMMISSIONER  OF  HEALTH  SHALL TAKE ALL STEPS NECESSARY AND
 SHALL USE BEST EFFORTS TO SECURE  FEDERAL  FINANCIAL  PARTICIPATION  FOR
 PURPOSES  OF THIS SUBDIVISION, INCLUDING THE PROMPT SUBMISSION OF APPRO-
 PRIATE AMENDMENTS TO THE STATE PLAN  UNDER  TITLE  XIX  OF  THE  FEDERAL
 SOCIAL SECURITY ACT.
   (E) THE COMMISSIONER OF HEALTH SHALL, IN CONSULTATION WITH THE DEPART-
 MENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION, THE OFFICE OF TEMPORARY
 AND DISABILITY ASSISTANCE, THE OFFICE OF MENTAL HEALTH,  THE  OFFICE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S8368A (ACTIVE) - Details

See Assembly Version of this Bill:
A9397
Current Committee:
Senate Finance
Law Section:
Correction Law
Laws Affected:
Amd §71, add §500-q, Cor L; amd §366-a, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:
S4906, A7216

2021-S8368A (ACTIVE) - Summary

Provides for enrollment of eligible incarcerated persons in the medical assistance for needy persons program; provides for enrollment of incarcerated individuals in other medical assistance programs, where eligible.

2021-S8368A (ACTIVE) - Sponsor Memo

2021-S8368A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8368--A
 
                             I N  S E N A T E
 
                             February 17, 2022
                                ___________
 
 Introduced  by  Sens.  RIVERA,  SALAZAR, CLEARE, MYRIE -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health  -- reported favorably from said committee and committed to the
   Committee on Finance -- committee discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the  correction  law and the social services law, in
   relation to the enrollment of incarcerated individuals in the  medical
   assistance for needy persons program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 71 of the correction law is amended by adding a new
 subdivision 9 to read as follows:
   9. (A) THE COMMISSIONER SHALL TAKE ALL STEPS NECESSARY TO ENROLL  INTO
 THE  MEDICAL  ASSISTANCE FOR NEEDY PERSONS PROGRAM UNDER TITLE ELEVEN OF
 ARTICLE FIVE OF THE SOCIAL SERVICES LAW ANY ELIGIBLE INDIVIDUAL  COMMIT-
 TED  TO  THE CUSTODY OF THE DEPARTMENT, UNLESS THE DEPARTMENT DETERMINES
 THAT SUCH APPLICATION IS UNNECESSARY BECAUSE THE INDIVIDUAL WAS ENROLLED
 IN THE MEDICAL ASSISTANCE PROGRAM AT THE TIME OF THEIR INCARCERATION AND
 IS EXPECTED TO REMAIN SO AT THE TIME OF RELEASE OR BECAUSE THE  INDIVID-
 UAL  IS INELIGIBLE FOR ENROLLMENT IN SUCH PROGRAM OR DOES NOT WISH TO BE
 ENROLLED. PROVIDED, HOWEVER, THAT NO SUCH MEDICAL  ASSISTANCE  SHALL  BE
 FURNISHED  FOR ANY CARE, SERVICES, OR SUPPLIES PROVIDED DURING SUCH TIME
 AS THE PERSON IS INCARCERATED EXCEPT  AS  AUTHORIZED  UNDER  SUBDIVISION
 ONE-A OF SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW. FOR
 INDIVIDUALS  SUCCESSFULLY ENROLLED UNDER THIS SUBDIVISION, ANY DOCUMENTS
 RELATING TO ENROLLMENT SHALL BE KEPT IN THE INDIVIDUAL'S  RECORDS  UNTIL
 THE  INDIVIDUAL'S  RELEASE  FROM  CUSTODY,  AT WHICH TIME SUCH DOCUMENTS
 SHALL BE PROVIDED TO THE INDIVIDUAL.
   (B) WHERE AN INDIVIDUAL IS FOUND INELIGIBLE FOR THE MEDICAL ASSISTANCE
 PROGRAM, THE DEPARTMENT SHALL MAKE DILIGENT EFFORTS TO DETERMINE WHETHER
 THE INDIVIDUAL IS ELIGIBLE FOR ANY OTHER MEDICAL INSURANCE PROGRAM  AND,
 IF  SO,  ASSIST THE INDIVIDUAL IN APPLYING TO THE PROGRAM FOR WHICH THEY
 ARE ELIGIBLE IF THEY WISH TO ENROLL IN SUCH PROGRAM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14688-03-2
              

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