S T A T E O F N E W Y O R K
________________________________________________________________________
6439
2009-2010 Regular Sessions
I N A S S E M B L Y
March 4, 2009
___________
Introduced by M. of A. AUBRY, BENJAMIN, ORTIZ, GREENE, GOTTFRIED,
JEFFRIES, CARROZZA, SCHROEDER, MILLMAN, CLARK, LANCMAN, PERALTA,
TITONE, WRIGHT, ESPAILLAT, COLTON -- Multi-Sponsored by -- M. of A.
BRENNAN, COOK, DIAZ, GLICK, JACOBS, JOHN, KELLNER, MAISEL, McENENY,
PHEFFER, REILLY, ROBINSON, SCARBOROUGH, WEISENBERG, ZEBROWSKI -- read
once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to creating a pilot
project for filing medical assistance applications for inmates prior
to their release and providing for the repeal of such provisions upon
expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds that
inmates face significant health issues and suffer from relatively high
rates of infectious diseases, mental illness, chronic drug and alcohol
addictions, and other conditions such as diabetes, asthma and hyperten-
sion. Research has shown that individuals who are enrolled in Medicaid
upon release from incarceration, and therefore have access to medical
and mental health care and drug treatment, are less likely to be rear-
rested and to engage in unhealthy behaviors. Additionally, multiple
studies have shown that providing adequate medical assistance to persons
returning from incarceration produces considerable fiscal savings by
reducing costs associated with drug use and related crime and fighting
the spread of communicable diseases like HIV and hepatitis.
Therefore, the legislature finds that ensuring access to Medicaid
benefits for persons immediately upon their release from incarceration
is essential to ensure adequate medical care, drug treatment and mental
health services.
In 2007, New York law was changed to allow for the suspension rather
than termination of Medicaid eligibility upon incarceration. As a
result, inmates who are enrolled in Medicaid immediately before admis-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07935-01-9
A. 6439 2
sion to the correctional system have their Medicaid benefits suspended
rather than terminated and therefore have access to Medicaid coverage
upon release. It is estimated that twenty to thirty percent of inmates
have Medicaid coverage immediately before their admission to prison.
Nonetheless, many inmates who are not enrolled in Medicaid when they
enter prison will require Medicaid coverage upon release.
The legislature finds that the most efficient way to facilitate Medi-
caid coverage for eligible inmates upon release from prison is to
require trained correctional staff to file medical assistance applica-
tions on behalf of inmates before their release to ensure that Medicaid
benefits are available on the day of release. The department of correc-
tional services is in the process of establishing specialized "re-entry
units" to assist inmates with their transition to the community. The
department has indicated that inmates will be sent to such units at
least ninety days before their anticipated release and receive various
re-entry related services including mentoring training, substance abuse
treatment, job training and job placement counseling, family support,
and educational programming.
Therefore, the legislature finds that these "re-entry units" are the
ideal setting to institute a pilot project to ensure that inmates
released from such units have access to Medicaid coverage at the moment
of release from prison. The legislature further finds that such applica-
tions for medical assistance filed on behalf of inmates should be
submitted directly to and processed by the New York state department of
health in order to expedite the process and ensure coverage upon
release.
S 2. The correction law is amended by adding a new section 144 to read
as follows:
S 144. PILOT PROJECT FOR FILING MEDICAL ASSISTANCE APPLICATIONS FOR
INMATES PRIOR TO THEIR RELEASE. 1. THE COMMISSIONER SHALL DESIGNATE
STAFF AT EACH STATE CORRECTIONAL FACILITY, OR PART OF A STATE CORREC-
TIONAL FACILITY, OPERATING AS A RE-ENTRY UNIT, TO PREPARE AND SUBMIT
APPLICATIONS FOR MEDICAL ASSISTANCE ESTABLISHED UNDER TITLE ELEVEN OF
ARTICLE FIVE OF THE SOCIAL SERVICES LAW, ON BEHALF OF EACH INMATE WHO
WAS NOT RECEIVING SUCH MEDICAL ASSISTANCE IMMEDIATELY BEFORE BEING
ADMITTED TO THE CUSTODY OF THE DEPARTMENT. SUCH APPLICATIONS SHALL BE
SUBMITTED TO THE COMMISSIONER OF HEALTH PURSUANT TO SUBDIVISION TWENTY-
FOUR OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW AT LEAST
FORTY-FIVE DAYS BEFORE THE ANTICIPATED RELEASE, CONDITIONAL RELEASE OR
DISCHARGE OF SUCH INMATES.
2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, UPON RECEIPT OF
AN APPLICATION FOR MEDICAL ASSISTANCE FOR AN INMATE PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION, THE COMMISSIONER OF HEALTH SHALL DETERMINE THE
ELIGIBILITY OF SUCH INMATE FOR ENROLLMENT IN THE MEDICAL ASSISTANCE
PROGRAM ESTABLISHED UNDER TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL
SERVICES LAW OR THE FAMILY HEALTH PLUS PROGRAM ESTABLISHED UNDER TITLE
ELEVEN-D OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW. SUCH DETERMINATION
SHALL BE BASED ON WHETHER THE INMATE, EXCEPT FOR HIS OR HER STATUS AS AN
INMATE, WOULD BE ELIGIBLE TO RECEIVE MEDICAL ASSISTANCE. ENROLLMENT IN
THE MEDICAL ASSISTANCE PROGRAM SHALL BE EFFECTIVE ON THE DATE AN ELIGI-
BLE INMATE IS RELEASED, CONDITIONALLY RELEASED OR DISCHARGED FROM THE
DEPARTMENT AND THE MEDICAL ASSISTANCE IDENTIFICATION CARD SHALL BE
PROVIDED TO THE INMATE UPON HIS OR HER RELEASE, CONDITIONAL RELEASE OR
DISCHARGE FROM THE DEPARTMENT.
A. 6439 3
3. THE DIVISION OF PAROLE SHALL ASSIST THE DEPARTMENT IN ANY MANNER
NECESSARY TO ASSURE THAT THE PURPOSES AND OBJECTIVES OF THIS SECTION ARE
EFFECTIVELY ACCOMPLISHED.
4. FOR THE PURPOSES OF THIS SECTION, "RE-ENTRY UNIT" MEANS A PROGRAM
ESTABLISHED IN A CORRECTIONAL FACILITY, OR PART OF A CORRECTIONAL
FACILITY, OPERATED AS A JOINT EFFORT BY THE DEPARTMENT AND THE DIVISION
OF PAROLE FOR THE PURPOSE OF TRANSFERRING INMATES TO SUCH UNIT SHORTLY
BEFORE THEIR ANTICIPATED RELEASE FROM THE DEPARTMENT TO PROVIDE SUCH
INMATES WITH PROGRAMS, TREATMENT AND SERVICES TO ASSIST WITH THEIR TRAN-
SITION TO THE COMMUNITY UPON RELEASE, PROVIDED THAT THIS SECTION SHALL
NOT APPLY TO A RE-ENTRY UNIT ESTABLISHED AT THE ORLEANS CORRECTIONAL
FACILITY.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed April
1, 2012.