S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10152
 
                           I N  A S S E M B L Y
 
                                May 4, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Fernandez)
   -- (at request of the Department of Health) -- read once and  referred
   to the Committee on Health
 
 AN  ACT to amend the social services law, in relation to eligibility for
   medical assistance
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subdivision 1-a of section 366 of the social services law,
 as amended by chapter 322 of the laws of 2021, is  amended  to  read  as
 follows:
   1-a.  Notwithstanding  any other provision of law, in the event that a
 person who is an incarcerated individual of a state or local correction-
 al facility, as defined in section two of  the  correction  law,  OR  AN
 ELIGIBLE  JUVENILE  INMATE  OF  A  PUBLIC  INSTITUTION,  AS  DEFINED  IN
 SUBSECTION (NN) OF SECTION NINETEEN HUNDRED TWO OF THE  SOCIAL  SECURITY
 ACT,  was  in receipt of medical assistance pursuant to this title imme-
 diately prior to being admitted to such facility OR PUBLIC  INSTITUTION,
 OR  FOR  JUVENILES DETERMINED ELIGIBLE FOR SUCH MEDICAL ASSISTANCE WHILE
 AN INMATE OF A PUBLIC INSTITUTION, such person shall remain eligible for
 medical assistance while an  incarcerated  individual,  except  that  no
 medical  assistance  shall  be  furnished pursuant to this title for any
 care, services, or supplies provided during such time as the  person  is
 an incarcerated individual; provided, however, that nothing herein shall
 be  deemed  as  preventing the provision of medical assistance for inpa-
 tient hospital services furnished to an  incarcerated  individual  at  a
 hospital outside of the premises of such correctional facility OR PUBLIC
 INSTITUTION,  or  pursuant  to  other  federal authority authorizing the
 provision of medical assistance to an incarcerated individual of a state
 or local correctional facility during the thirty days prior to  release,
 to  the extent that federal financial participation is available for the
 costs of such services. Upon release from such facility OR PUBLIC INSTI-
 TUTION, such person shall continue to be eligible for receipt of medical
 assistance furnished pursuant to this  title  until  such  time  as  the
 person  is  determined  to  no  longer  be  eligible for receipt of such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13805-01-2
 A. 10152                            2
 
 assistance. To the extent permitted by  federal  law,  the  time  during
 which such person is an incarcerated individual shall not be included in
 any calculation of when the person must recertify his or her eligibility
 for  medical  assistance  in accordance with this article. The state may
 seek federal authority to provide medical  assistance  for  transitional
 services  including  but  not limited to medical, prescription, and care
 coordination services for high needs incarcerated individuals  in  state
 and  local  correctional  facilities  during  the  thirty  days prior to
 release.
   § 2. This act shall take effect January 1, 2023.