S T A T E O F N E W Y O R K
________________________________________________________________________
1797--A
2011-2012 Regular Sessions
I N A S S E M B L Y
January 12, 2011
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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.