S T A T E   O F   N E W   Y O R K
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                                 1797--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Correction -- 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 requiring the filing of an application for medical assist-
  ance for each inmate confined in a state correctional facility

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The correction law is amended by adding a new  section  144
to read as follows:
  S  144.  FILING OF MEDICAL ASSISTANCE APPLICATIONS. THE SUPERINTENDENT
OF EACH CORRECTIONAL FACILITY  SHALL  ENSURE  THAT  AN  APPLICATION  FOR
MEDICAL  ASSISTANCE,  PURSUANT  TO  TITLE  ELEVEN OF ARTICLE FIVE OF THE
SOCIAL SERVICES LAW, IS FILED FOR EACH INMATE ELIGIBLE FOR SUCH  ASSIST-
ANCE AND CONFINED IN SUCH FACILITY, WITH THE STATEWIDE ENROLLMENT CENTER
ESTABLISHED BY CONTRACT WITH THE DEPARTMENT OF HEALTH PURSUANT TO SUBDI-
VISION  TWENTY-FOUR  OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW
IN SUFFICIENT TIME BEFORE THE ANTICIPATED RELEASE,  CONDITIONAL  RELEASE
OR  DISCHARGE  OF THE ELIGIBLE INMATE TO PERMIT THE ENROLLMENT CENTER TO
PROCESS THE APPLICATION PRIOR TO SUCH INMATE'S RELEASE FROM CUSTODY.
  S 2. Subdivision 2 of section 366-a of  the  social  services  law  is
amended by adding a new paragraph (e) to read as follows:
  (E)  UPON  RECEIPT OF AN APPLICATION FILED FOR AN INMATE CONFINED IN A
STATE CORRECTIONAL FACILITY PURSUANT TO SECTION ONE  HUNDRED  FORTY-FOUR
OF  THE  CORRECTION  LAW,  THE  CENTRALIZED  STATEWIDE ENROLLMENT CENTER
ESTABLISHED BY CONTRACT WITH THE DEPARTMENT OF HEALTH PURSUANT TO SUBDI-
VISION TWENTY-FOUR OF SECTION TWO HUNDRED SIX OF THE PUBLIC  HEALTH  LAW
SHALL  DETERMINE  THE  ELIGIBILITY  OF SUCH INMATE FOR ENROLLMENT IN THE
MEDICAL ASSISTANCE PROGRAM ESTABLISHED UNDER THIS TITLE.  SUCH  DETERMI-
NATION  SHALL  BE  BASED  ON  WHETHER  THE INMATE, EXCEPT FOR HIS OR HER
STATUS AS AN INMATE, WOULD BE ELIGIBLE TO  RECEIVE  MEDICAL  ASSISTANCE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04687-02-1
              

A. 1797--A                          2

NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF LAW, ENROLLMENT IN THE
MEDICAL ASSISTANCE PROGRAM SHALL BE EFFECTIVE ON THE  DATE  AN  ELIGIBLE
INMATE IS RELEASED, CONDITIONALLY RELEASED OR DISCHARGED FROM CUSTODY IN
A DEPARTMENT FACILITY TO THE COMMUNITY. THE COMMISSIONER AND THE COMMIS-
SIONER  OF THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
SHALL DETERMINE THE PROCESS FOR ISSUING THE MEDICAL ASSISTANCE IDENTIFI-
CATION CARD SO THAT THE APPLICANT WILL RECEIVE APPROPRIATE DOCUMENTATION
OF HIS OR HER ELIGIBILITY FOR MEDICAL ASSISTANCE EITHER UPON RELEASE  OR
AS SOON THEREAFTER AS PRACTICABLE.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.