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Assembly Bill A7839

2015-2016 Legislative Session

Relates to the medical assistance presumptive eligibility program

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Archive: Last Bill Status - In Assembly Committee

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2015-A7839 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Social Services Law
Laws Affected:
Amd ยง364-i, Soc Serv L

2015-A7839 (ACTIVE) - Summary

Relates to the medical assistance presumptive eligibility program; establishes that individuals discharged or released from a correctional or local correctional facility are presumed eligible for assistance if they meet certain criteria.

2015-A7839 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7839

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2015
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Health

AN ACT to amend the social services law,  in  relation  to  the  medical
  assistance presumptive eligibility program

  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.  AN  INDIVIDUAL,  UPON APPLICATION FOR MEDICAL ASSISTANCE, SHALL BE
PRESUMED ELIGIBLE FOR SUCH ASSISTANCE FOR A PERIOD OF NINETY  DAYS  FROM
THE DATE OF DISCHARGE OR RELEASE FROM A CORRECTIONAL FACILITY AS DEFINED
IN  PARAGRAPH  (A)  OF SUBDIVISION FOUR OF SECTION TWO OF THE CORRECTION
LAW OR A LOCAL CORRECTIONAL FACILITY AS  DEFINED  IN  PARAGRAPH  (A)  OF
SUBDIVISION  SIXTEEN  OF SECTION TWO OF THE CORRECTION LAW, IF THE LOCAL
DEPARTMENT OF SOCIAL SERVICES DETERMINES THAT THE APPLICANT  MEETS  EACH
OF  THE  FOLLOWING  CRITERIA:  (A) THE APPLICANT OR HIS OR HER REPRESEN-
TATIVE STATES THAT THE APPLICANT DOES NOT HAVE  INSURANCE  COVERAGE  FOR
THE  REQUIRED MEDICAL CARE AND THAT SUCH CARE CANNOT BE AFFORDED; (B) IT
REASONABLY APPEARS THAT THE APPLICANT IS OTHERWISE ELIGIBLE  TO  RECEIVE
MEDICAL  ASSISTANCE;  (C) IT REASONABLY APPEARS THAT THE AMOUNT EXPENDED
BY THE STATE AND THE LOCAL SOCIAL SERVICES DISTRICT FOR MEDICAL  ASSIST-
ANCE  FOR  TREATMENT  OF  A MENTAL ILLNESS DURING THE PERIOD OF PRESUMED
ELIGIBILITY, WOULD BE LESS THAN THE  AMOUNT  THE  STATE  AND  THE  LOCAL
SOCIAL  SERVICES  DISTRICT  WOULD  EXPEND  FOR CONTINUED OR FUTURE ACUTE
HOSPITAL CARE FOR SUCH PERSON; AND (D) SUCH OTHER DETERMINATIVE CRITERIA
AS THE COMMISSIONER OF HEALTH SHALL PROVIDE BY RULE OR REGULATION. IF  A
PERSON  HAS  BEEN  DETERMINED  TO  BE PRESUMPTIVELY ELIGIBLE FOR MEDICAL
ASSISTANCE, PURSUANT TO THIS SUBDIVISION, AND IS SUBSEQUENTLY DETERMINED
TO BE INELIGIBLE FOR SUCH ASSISTANCE, THE  COMMISSIONER  OF  HEALTH,  ON
BEHALF  OF  THE  STATE AND THE LOCAL SOCIAL SERVICES DISTRICT SHALL HAVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11367-01-5

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