NY State Senate Bill 2021-S8368A

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 11, 2022	print number 8368a
May 11, 2022	amend (t) and recommit to finance
Mar 15, 2022	reported and committed to finance
Feb 17, 2022	referred to health

Votes

- Mar 15, 2022 - Health Committee Vote
  S8368A
  
  Aye
  
  10
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: Mar 15, 2022
      
      aye (10)
      
      Biaggi
      
      Brouk
      
      Cleare
      
      Hoylman-Sigal
      
      Kaminsky
      
      May
      
      Rivera
      
      Ryan
      
      Salazar
      
      Thomas
      
      nay (5)
      
      Boyle
      
      Gallivan
      
      Oberacker
      
      Rath III
      
      Stec

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S8368 - Details

See Assembly Version of this Bill:: A9397
Current Committee:: Senate Finance
Law Section:: Correction Law
Laws Affected:: Amd §71, add §500-q, Cor L; amd §366-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S4906, A7216
2025-2026: S614, A269

2021-S8368 - Summary

Provides for enrollment of eligible incarcerated persons in the medical assistance for needy persons program; provides for enrollment of incarcerated individuals in other medical assistance programs, where eligible.

2021-S8368 - Sponsor Memo

                                 
BILL NUMBER: S8368

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the social services law and the correction law, in
relation to presumptive eligibility for medical assistance benefits of
individuals leaving incarceration

 
PURPOSE:

To authorize presumptive Medicaid eligibility for individuals leaving
state prisons and local correctional facilities

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Social Services Law section 364-i to authorize
presumptive eligibility for individuals leaving prisons and jails,
subject to federal financial participation.

Section 2: Amends Corrections Law section 71 to direct the Commissioner
of Corrections to take all steps necessary to enroll soon-to-be-released

incarcerated individuals in Medicaid.

Section 3: Creates a new Corrections Law section 500 directing adminis-
trators of local correctional facilities to take all steps necessary to
enroll soon-to-be-released incarcerated individuals in Medicaid.

Section 4: Amends Social Services Law section 366-a to direct local
social services or health officials to provide prison or jail adminis-
trators with necessary documentation for incarcerated individuals.

Section 5: Effective date

 
JUSTIFICATION:

Many incarcerated individuals are at high risk for illnesses related to
poverty, addiction, or mental illness, and frequently enter the State
correctional system without previously receiving adequate access to
care. Upon release, these New Yorkers must navigate New York's complex
social services eligibility systems while simultaneously seeking work
and housing. Lack of medical care can easily disrupt returning individ-
uals' attempts to reintegrate into society.

New York has made administrative efforts to facilitate Medicaid enroll-
ment for individuals returning from incarceration. This bill strengthens
that effort by authorizing presumptive Medicaid eligibility for these
individuals for up to 60 days post-release. It also directs State and
local correctional facilities to take all necessary steps prior to
release to enroll individuals in Medicaid, and directs local social
services or health districts to provide facilities with documentation of
enrollment. For individuals found ineligible for Medicaid, State and
local correctional facilities shall make diligent efforts to determine
whether such individuals are eligible for other health insurance
programs.

In implementing the law, the Commissioner of Health is directed to
consult stakeholders in developing processes for State and local facili-
ties to enroll people under their supervision, as well as materials to
aid local governments in understanding the process. The Commissioner is
also required to develop materials informing individuals leaving correc-
tional facilities about how to receive and maintain their coverage as
appropriate. The stakeholder group shall include the Commissioners of
Corrections and other State agencies as well as formerly incarcerated
individuals.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
180 days after it is signed into law.

2021-S8368 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8368
 
                             I N  S E N A T E
 
                             February 17, 2022
                                ___________
 
 Introduced  by  Sens. RIVERA, SALAZAR -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the social services  law  and  the  correction  law,  in
   relation to presumptive eligibility for medical assistance benefits of
   individuals leaving incarceration
 
   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.  (A)  AN  INDIVIDUAL  WHO  IS  INCARCERATED  BY  THE  DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION, OR IN A LOCAL CORRECTIONAL FACIL-
 ITY AS DEFINED IN SECTION TWO OF THE CORRECTION LAW, SHALL  BE  PRESUMED
 ELIGIBLE  FOR  MEDICAL ASSISTANCE UNDER THIS TITLE BEGINNING ON THE DATE
 OF THEIR  RELEASE  FROM  THE  INCARCERATION,  WHERE  THE  DEPARTMENT  OF
 CORRECTIONS AND COMMUNITY SUPERVISION OR THE LOCAL CORRECTIONAL FACILITY
 DETERMINES, ON THE BASIS OF PRELIMINARY INFORMATION, THAT THE INDIVIDUAL
 IS  ELIGIBLE FOR COVERAGE UNDER PARAGRAPHS (B) OR (C) OF SUBDIVISION ONE
 OF SECTION THREE HUNDRED SIXTY-SIX OF THIS TITLE.
   (B) THE PRESUMPTIVE ELIGIBILITY SHALL CONTINUE THROUGH THE EARLIER OF:
 THE DAY ON WHICH ELIGIBILITY IS DETERMINED UNDER THIS TITLE; OR, IN  THE
 CASE  OF AN INDIVIDUAL FOR WHOM AN APPLICATION FOR ASSISTANCE UNDER THIS
 TITLE IS NOT FILED OR WHO DOES NOT FILE AN APPLICATION FOR SUCH  ASSIST-
 ANCE, SIXTY DAYS AFTER RELEASE OF SUCH INDIVIDUAL FROM INCARCERATION.
   (C)  THIS  SUBDIVISION  SHALL  BE  EFFECTIVE  ONLY IF, AND AS LONG AS,
 FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR  EXPENDITURES  INCURRED
 UNDER THIS SUBDIVISION.
   (D)  THE  COMMISSIONER  OF  HEALTH  SHALL TAKE ALL STEPS NECESSARY AND
 SHALL USE BEST EFFORTS TO SECURE  FEDERAL  FINANCIAL  PARTICIPATION  FOR
 PURPOSES  OF THIS SUBDIVISION, INCLUDING THE PROMPT SUBMISSION OF APPRO-
 PRIATE AMENDMENTS TO THE STATE PLAN  UNDER  TITLE  XIX  OF  THE  FEDERAL
 SOCIAL SECURITY ACT.
   (E) THE COMMISSIONER OF HEALTH SHALL, IN CONSULTATION WITH THE DEPART-
 MENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION, THE OFFICE OF TEMPORARY
 AND DISABILITY ASSISTANCE, THE OFFICE OF MENTAL HEALTH,  THE  OFFICE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14688-01-2
 S. 8368                             2
 
 ADDICTION SERVICES AND SUPPORTS AND ANY OTHER ENTITY OR INDIVIDUALS THAT
 THE  COMMISSIONER  SHALL  DEEM  NECESSARY, WHICH SHALL INCLUDE REPRESEN-
 TATIVES FROM LOCAL GOVERNMENTS, FORMERLY INCARCERATED  INDIVIDUALS,  AND
 REPRESENTATIVES  OF PROGRAMS PROVIDING SERVICES TO CURRENTLY OR FORMERLY
 INCARCERATED INDIVIDUALS, DEVELOP PROCESSES FOR ENROLLING  ALL  INDIVID-
 UALS  INCARCERATED  IN  STATE AND LOCAL CORRECTIONAL FACILITIES INTO THE
 MEDICAL ASSISTANCE PROGRAM UNDER THIS SUBDIVISION OR  ANY  OTHER  HEALTH
 INSURANCE PROGRAM FOR WHICH THEY ARE ELIGIBLE, AND ENSURE THAT ALL INDI-
 VIDUALS  ARE  ABLE  TO  UTILIZE  THE MEDICAL ASSISTANCE PROGRAM OR OTHER
 INSURANCE PROGRAM TO BEGIN RECEIVING MEDICAL SERVICES  IMMEDIATELY  UPON
 THEIR  RELEASE FROM INCARCERATION. THE COMMISSIONER OF HEALTH SHALL ALSO
 DEVELOP PROCESSES FOR ASSISTING ALL  LOCAL  CORRECTIONAL  FACILITIES  IN
 MAKING  DETERMINATIONS OF PRESUMPTIVE ELIGIBILITY FOR MEDICAL ASSISTANCE
 UNDER THIS SUBDIVISION, INCLUDING ENGAGING LOCAL GOVERNMENTS  AS  NECES-
 SARY FOR THIS PURPOSE. THE COMMISSIONER SHALL ALSO DEVELOP MATERIALS AND
 INFORMATION FOR EDUCATING INDIVIDUALS HIRED BY LOCAL GOVERNMENTS REGARD-
 ING  ELIGIBILITY  AND  PROCESSES  FOR ENROLLING INCARCERATED INDIVIDUALS
 INTO THE MEDICAL ASSISTANCE OR OTHER INSURANCE PROGRAMS,  AND  MATERIALS
 TO EDUCATE INDIVIDUALS LEAVING CORRECTIONAL FACILITIES ABOUT THE MEDICAL
 ASSISTANCE  PROGRAM,  INCLUDING  WHAT  STEPS  NEED TO BE TAKEN TO ENSURE
 CONTINUED ENROLLMENT IN  THE  PROGRAM  FOR  THOSE  DEEMED  PRESUMPTIVELY
 ELIGIBLE,  AND HOW TO BEGIN RECEIVING MEDICAL SERVICES UPON RELEASE FROM
 INCARCERATION.
   § 2. Section 71 of the correction law  is  amended  by  adding  a  new
 subdivision 9 to read as follows:
   9.  (A) THE COMMISSIONER SHALL TAKE ALL STEPS NECESSARY TO ENROLL INTO
 THE MEDICAL ASSISTANCE FOR NEEDY PERSONS PROGRAM UNDER TITLE  ELEVEN  OF
 ARTICLE  FIVE OF THE SOCIAL SERVICES LAW ANY INDIVIDUAL COMMITTED TO THE
 CUSTODY OF THE DEPARTMENT,  UNDER  SUBDIVISION  NINE  OF  SECTION  THREE
 HUNDRED  SIXTY-FOUR-I  OF THE SOCIAL SERVICES LAW, UNLESS THE DEPARTMENT
 DETERMINES THAT SUCH APPLICATION IS UNNECESSARY BECAUSE  THE  INDIVIDUAL
 WAS  ENROLLED  IN  THE  MEDICAL  ASSISTANCE PROGRAM AT THE TIME OF THEIR
 INCARCERATION AND IS EXPECTED TO REMAIN SO AT THE  TIME  OF  RELEASE  OR
 BECAUSE  THE  INDIVIDUAL IS INELIGIBLE FOR ENROLLMENT IN SUCH PROGRAM OR
 DOES NOT WISH TO BE ENROLLED. PROVIDED, HOWEVER, THAT  NO  SUCH  MEDICAL
 ASSISTANCE  SHALL  BE  FURNISHED  FOR  ANY  CARE,  SERVICES, OR SUPPLIES
 PROVIDED DURING SUCH TIME  AS  THE  PERSON  IS  INCARCERATED  EXCEPT  AS
 AUTHORIZED UNDER SUBDIVISION ONE-A OF SECTION THREE HUNDRED SIXTY-SIX OF
 THE  SOCIAL  SERVICES  LAW.  FOR INDIVIDUALS SUCCESSFULLY ENROLLED UNDER
 THIS SUBDIVISION, ANY DOCUMENTS RELATING TO ENROLLMENT SHALL BE KEPT  IN
 THE INDIVIDUAL'S RECORDS UNTIL THE INDIVIDUAL'S RELEASE FROM CUSTODY, AT
 WHICH TIME SUCH DOCUMENTS SHALL BE PROVIDED TO THE INDIVIDUAL.
   (B) WHERE AN INDIVIDUAL IS FOUND INELIGIBLE FOR THE MEDICAL ASSISTANCE
 PROGRAM, THE DEPARTMENT SHALL MAKE DILIGENT EFFORTS TO DETERMINE WHETHER
 THE  INDIVIDUAL IS ELIGIBLE FOR ANY OTHER MEDICAL INSURANCE PROGRAM AND,
 IF SO, ASSIST THE INDIVIDUAL IN APPLYING TO THE PROGRAM FOR  WHICH  THEY
 ARE ELIGIBLE IF THEY WISH TO ENROLL IN SUCH PROGRAM.
   §  3.  The  correction law is amended by adding a new section 500-q to
 read as follows:
   § 500-Q. MEDICAID ENROLLMENT. 1. WHERE PRACTICABLE, FOR ANY INDIVIDUAL
 INCARCERATED IN A LOCAL CORRECTIONAL  FACILITY,  THE  SUPERINTENDENT  OF
 SUCH  FACILITY  SHALL  TAKE  ALL STEPS NECESSARY FOR ENROLLMENT INTO THE
 MEDICAL ASSISTANCE FOR NEEDY PERSONS PROGRAM UNDER TITLE ELEVEN OF ARTI-
 CLE FIVE OF THE SOCIAL SERVICES LAW, UNDER SUBDIVISION NINE  OF  SECTION
 THREE HUNDRED SIXTY-FOUR-I OF THE SOCIAL SERVICES LAW, UNLESS THE SUPER-
 INTENDENT  DETERMINES  THAT  SUCH APPLICATION IS UNNECESSARY BECAUSE THE
 S. 8368                             3
 
 INDIVIDUAL WAS ENROLLED IN THE MEDICAL ASSISTANCE PROGRAM AT THE TIME OF
 THEIR INCARCERATION AND IS EXPECTED TO REMAIN SO AT THE TIME OF RELEASE,
 OR BECAUSE THE INDIVIDUAL IS INELIGIBLE FOR ENROLLMENT IN  SUCH  PROGRAM
 OR DOES NOT WISH TO BE ENROLLED. PROVIDED, HOWEVER, THAT NO SUCH MEDICAL
 ASSISTANCE  SHALL  BE  FURNISHED  FOR  ANY  CARE,  SERVICES, OR SUPPLIES
 PROVIDED DURING SUCH TIME  AS  THE  PERSON  IS  INCARCERATED  EXCEPT  AS
 AUTHORIZED UNDER SUBDIVISION ONE-A OF SECTION THREE HUNDRED SIXTY-SIX OF
 THE  SOCIAL  SERVICES  LAW.  FOR INDIVIDUALS SUCCESSFULLY ENROLLED UNDER
 THIS SUBDIVISION, ANY DOCUMENTS RELATING TO ENROLLMENT SHALL BE KEPT  IN
 THE INDIVIDUAL'S RECORDS UNTIL THE INDIVIDUAL'S RELEASE FROM CUSTODY, AT
 WHICH TIME SUCH DOCUMENTS SHALL BE PROVIDED TO THE INDIVIDUAL.
   2.  WHEN A LOCAL CORRECTIONAL FACILITY IS UNABLE TO COMPLETE AN APPLI-
 CATION FOR MEDICAL ASSISTANCE PRIOR TO AN INDIVIDUAL'S RELEASE FROM  ITS
 CUSTODY,  THE  FACILITY SHALL ASSIST THE INDIVIDUAL IN THE COMPLETION OF
 ANY REQUIREMENTS NECESSARY FOR A PRESUMPTIVE  ELIGIBILITY  DETERMINATION
 PRIOR  TO  SUCH  INDIVIDUAL'S RELEASE UNLESS THE INDIVIDUAL DECIDES THAT
 THEY DO NOT WISH TO ENROLL IN  THE  PROGRAM.  THE  SUPERINTENDENT  SHALL
 ASSIST  INDIVIDUALS  TO  SUBMIT  ANY PRELIMINARY INFORMATION THAT MAY BE
 NECESSARY TO MEET PRESUMPTIVE ELIGIBILITY REQUIREMENTS UNDER SUBDIVISION
 NINE OF SECTION THREE HUNDRED SIXTY-FOUR-I OF THE SOCIAL SERVICES LAW.
   3. WHERE AN INDIVIDUAL IS FOUND INELIGIBLE FOR THE MEDICAL  ASSISTANCE
 PROGRAM,  THE  SUPERINTENDENT  SHALL  MAKE DILIGENT EFFORTS TO DETERMINE
 WHETHER THE INDIVIDUAL IS  ELIGIBLE  FOR  ANY  OTHER  MEDICAL  INSURANCE
 PROGRAM AND, IF SO, ASSIST THE INDIVIDUAL IN APPLYING TO THE PROGRAM FOR
 WHICH THEY ARE ELIGIBLE IF THEY WISH TO ENROLL IN SUCH PROGRAM.
   §  4.  Paragraph  (b)  of subdivision 3 of section 366-a of the social
 services law, as amended by chapter 41 of the laws of 1992,  is  amended
 to read as follows:
   (b)  notify  the  applicant in writing of the decision, and where such
 applicant is found eligible, provide a tamper  resistant  identification
 card  containing  a  photo  image  of  the applicant for use in securing
 medical assistance under this title provided, however, that an identifi-
 cation card need not contain a photo image of a  person  other  than  an
 adult member of an eligible household or a single-person eligible house-
 hold.  The department is not required to provide, but shall seek practi-
 cal methods for providing, a card with such picture  to  a  person  when
 such  person  is homebound or is a resident of a residential health care
 facility, or an in-patient  psychiatric  facility,  or  is  expected  to
 remain  hospitalized  for  an  extended period.   WHERE THE APPLICANT IS
 INCARCERATED BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION
 OR  IN  A  LOCAL  CORRECTIONAL FACILITY AS DEFINED IN SECTION TWO OF THE
 CORRECTION LAW, THE APPROPRIATE SOCIAL SERVICES OFFICIAL OR THE  DEPART-
 MENT  OF  HEALTH  OR ITS AGENT SHALL PROVIDE SUCH IDENTIFICATION CARD TO
 THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR LOCAL CORREC-
 TIONAL FACILITY FOR KEEPING WITH THE INCARCERATED  INDIVIDUAL'S  RECORDS
 UNTIL  SUCH  INDIVIDUAL  IS  RELEASED.  The  commissioner shall have the
 authority to define categories of recipients who  are  not  required  to
 have  a  photo  identification  card  where  such card would be limited,
 unnecessary or impracticable.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the  commissioner  of
 health,  the  commissioner of corrections and community supervision, and
 the superintendents of local correctional facilities  shall  make  regu-
 lations  and  take  other  actions reasonably necessary to implement the
 provisions of this act on its effective date.

co-Sponsors

2021-S8368A (ACTIVE) - Details

See Assembly Version of this Bill:: A9397
Current Committee:: Senate Finance
Law Section:: Correction Law
Laws Affected:: Amd §71, add §500-q, Cor L; amd §366-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S4906, A7216
2025-2026: S614, A269

2021-S8368A (ACTIVE) - Summary

2021-S8368A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8368A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the correction law and the social services law, in
relation to the enrollment of incarcerated individuals in the medical
assistance for needy persons program

 
PURPOSE:

To direct State and local correctional facilities to take steps neces-
sary to enroll incarcerated individuals in Medicaid or other health
insurance programs

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Corrections Law section 71 to direct the Commissioner
of Corrections to take all steps necessary to enroll soon-to-be-released
incarcerated individuals in Medicaid.

Section 2: Creates a new Corrections Law section 500 directing adminis-

trators of local correctional facilities to take all steps necessary to
enroll soon-to-be-released incarcerated individuals in Medicaid.

Section 3: Amends Social Services Law section 366-a to direct local
social services or health officials to provide prison or jail adminis-
trators with necessary documentation for incarcerated individuals.

Section 4: Amends Corrections Law section 10 to require annual reporting
by the Commissioner on enrollment of incarcerated persons in Medicaid or
other health insurance programs.

Section 5: Effective date.

 
JUSTIFICATION:

Many incarcerated individuals are at high risk for illnesses related to
poverty, addiction, or mental illness, and frequently enter the State
correctional system without previously receiving adequate access to
care. Upon release, these New Yorkers must navigate New York's complex
social services eligibility systems while simultaneously seeking work
and housing. Lack of medical care can easily disrupt returning individ-
uals' attempts to reintegrate into society.

New York has made administrative efforts to facilitate Medicaid enroll-
ment for individuals returning from incarceration. This bill strengthens
that effort by directing State and local correctional facilities to take
all necessary steps prior to release to enroll individuals in Medicaid,
and directs local social services or health districts to provide facili-
ties with documentation of enrollment. For individuals found ineligible
for Medicaid, State and local correctional facilities shall make dili-
gent efforts to determine whether such individuals are eligible for
other health insurance programs.

The bill also requires annual reporting by the Commissioner of
Corrections, in consultation with the Commissioner of Health, on facili-
ty data regarding the enrollment of incarcerated individuals in Medicaid
or other health insurance programs.
 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
180 days

2021-S8368A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8368--A
 
                             I N  S E N A T E
 
                             February 17, 2022
                                ___________
 
 Introduced  by  Sens.  RIVERA,  SALAZAR, CLEARE, MYRIE -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health  -- reported favorably from said committee and committed to the
   Committee on Finance -- 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 the enrollment of incarcerated individuals in the  medical
   assistance for needy persons program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 71 of the correction law is amended by adding a new
 subdivision 9 to read as follows:
   9. (A) THE COMMISSIONER SHALL TAKE ALL STEPS NECESSARY TO ENROLL  INTO
 THE  MEDICAL  ASSISTANCE FOR NEEDY PERSONS PROGRAM UNDER TITLE ELEVEN OF
 ARTICLE FIVE OF THE SOCIAL SERVICES LAW ANY ELIGIBLE INDIVIDUAL  COMMIT-
 TED  TO  THE CUSTODY OF THE DEPARTMENT, UNLESS THE DEPARTMENT DETERMINES
 THAT SUCH APPLICATION IS UNNECESSARY BECAUSE THE INDIVIDUAL WAS ENROLLED
 IN THE MEDICAL ASSISTANCE PROGRAM AT THE TIME OF THEIR INCARCERATION AND
 IS EXPECTED TO REMAIN SO AT THE TIME OF RELEASE OR BECAUSE THE  INDIVID-
 UAL  IS INELIGIBLE FOR ENROLLMENT IN SUCH PROGRAM OR DOES NOT WISH TO BE
 ENROLLED. PROVIDED, HOWEVER, THAT NO SUCH MEDICAL  ASSISTANCE  SHALL  BE
 FURNISHED  FOR ANY CARE, SERVICES, OR SUPPLIES PROVIDED DURING SUCH TIME
 AS THE PERSON IS INCARCERATED EXCEPT  AS  AUTHORIZED  UNDER  SUBDIVISION
 ONE-A OF SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW. FOR
 INDIVIDUALS  SUCCESSFULLY ENROLLED UNDER THIS SUBDIVISION, ANY DOCUMENTS
 RELATING TO ENROLLMENT SHALL BE KEPT IN THE INDIVIDUAL'S  RECORDS  UNTIL
 THE  INDIVIDUAL'S  RELEASE  FROM  CUSTODY,  AT WHICH TIME SUCH DOCUMENTS
 SHALL BE PROVIDED TO THE INDIVIDUAL.
   (B) WHERE AN INDIVIDUAL IS FOUND INELIGIBLE FOR THE MEDICAL ASSISTANCE
 PROGRAM, THE DEPARTMENT SHALL MAKE DILIGENT EFFORTS TO DETERMINE WHETHER
 THE INDIVIDUAL IS ELIGIBLE FOR ANY OTHER MEDICAL INSURANCE PROGRAM  AND,
 IF  SO,  ASSIST THE INDIVIDUAL IN APPLYING TO THE PROGRAM FOR WHICH THEY
 ARE ELIGIBLE IF THEY WISH TO ENROLL IN SUCH PROGRAM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14688-03-2

 S. 8368--A                          2
 
   § 2. The correction law is amended by adding a new  section  500-q  to
 read as follows:
   §  500-Q.  MEDICAID ENROLLMENT. 1. WHERE PRACTICABLE, FOR ANY ELIGIBLE
 INDIVIDUAL INCARCERATED IN A LOCAL  CORRECTIONAL  FACILITY,  THE  SUPER-
 INTENDENT OF SUCH FACILITY SHALL TAKE ALL STEPS NECESSARY FOR ENROLLMENT
 INTO THE MEDICAL ASSISTANCE FOR NEEDY PERSONS PROGRAM UNDER TITLE ELEVEN
 OF  ARTICLE  FIVE  OF THE SOCIAL SERVICES LAW, UNLESS THE SUPERINTENDENT
 DETERMINES THAT SUCH APPLICATION IS UNNECESSARY BECAUSE  THE  INDIVIDUAL
 WAS  ENROLLED  IN  THE  MEDICAL  ASSISTANCE PROGRAM AT THE TIME OF THEIR
 INCARCERATION AND IS EXPECTED TO REMAIN SO AT THE TIME  OF  RELEASE,  OR
 BECAUSE  THE  INDIVIDUAL IS INELIGIBLE FOR ENROLLMENT IN SUCH PROGRAM OR
 DOES NOT WISH TO BE ENROLLED. PROVIDED, HOWEVER, THAT  NO  SUCH  MEDICAL
 ASSISTANCE  SHALL  BE  FURNISHED  FOR  ANY  CARE,  SERVICES, OR SUPPLIES
 PROVIDED DURING SUCH TIME  AS  THE  PERSON  IS  INCARCERATED  EXCEPT  AS
 AUTHORIZED UNDER SUBDIVISION ONE-A OF SECTION THREE HUNDRED SIXTY-SIX OF
 THE  SOCIAL  SERVICES  LAW.  FOR INDIVIDUALS SUCCESSFULLY ENROLLED UNDER
 THIS SUBDIVISION, ANY DOCUMENTS RELATING TO ENROLLMENT SHALL BE KEPT  IN
 THE INDIVIDUAL'S RECORDS UNTIL THE INDIVIDUAL'S RELEASE FROM CUSTODY, AT
 WHICH TIME SUCH DOCUMENTS SHALL BE PROVIDED TO THE INDIVIDUAL.
   2.  WHERE AN INDIVIDUAL IS FOUND INELIGIBLE FOR THE MEDICAL ASSISTANCE
 PROGRAM, THE SUPERINTENDENT SHALL MAKE  DILIGENT  EFFORTS  TO  DETERMINE
 WHETHER  THE  INDIVIDUAL  IS  ELIGIBLE  FOR  ANY OTHER MEDICAL INSURANCE
 PROGRAM AND, IF SO, ASSIST THE INDIVIDUAL IN APPLYING TO THE PROGRAM FOR
 WHICH THEY ARE ELIGIBLE IF THEY WISH TO ENROLL IN SUCH PROGRAM.
   § 3. Paragraph (b) of subdivision 3 of section  366-a  of  the  social
 services  law,  as amended by chapter 41 of the laws of 1992, is amended
 to read as follows:
   (b) notify the applicant in writing of the decision,  and  where  such
 applicant  is  found eligible, provide a tamper resistant identification
 card containing a photo image of  the  applicant  for  use  in  securing
 medical assistance under this title provided, however, that an identifi-
 cation  card  need  not  contain a photo image of a person other than an
 adult member of an eligible household or a single-person eligible house-
 hold. The department is not required to provide, but shall seek  practi-
 cal  methods  for  providing,  a card with such picture to a person when
 such person is homebound or is a resident of a residential  health  care
 facility,  or  an  in-patient  psychiatric  facility,  or is expected to
 remain hospitalized for an extended period.    WHERE  THE  APPLICANT  IS
 INCARCERATED  BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
 OR IN A LOCAL CORRECTIONAL FACILITY AS DEFINED IN  SECTION  TWO  OF  THE
 CORRECTION  LAW, THE APPROPRIATE SOCIAL SERVICES OFFICIAL OR THE DEPART-
 MENT OF HEALTH OR ITS AGENT SHALL PROVIDE SUCH  IDENTIFICATION  CARD  TO
 THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR LOCAL CORREC-
 TIONAL  FACILITY  FOR KEEPING WITH THE INCARCERATED INDIVIDUAL'S RECORDS
 UNTIL SUCH INDIVIDUAL IS  RELEASED.  The  commissioner  shall  have  the
 authority  to  define  categories  of recipients who are not required to
 have a photo identification card  where  such  card  would  be  limited,
 unnecessary or impracticable.
   §  4.  Section  71  of  the  correction law is amended by adding a new
 subdivision 10 read as follows:
   10. (A) THE COMMISSIONER, IN CONSULTATION  WITH  THE  COMMISSIONER  OF
 HEALTH,  SHALL  STUDY  AND  REPORT ANNUALLY ON ENROLLMENT IN THE MEDICAL
 ASSISTANCE FOR NEEDY PERSONS PROGRAM OF APPLICANTS IN THE CUSTODY OF THE
 DEPARTMENT OR LOCAL CORRECTIONAL FACILITIES. THE  REPORT  SHALL  INCLUDE
 HOW MANY INDIVIDUALS IN THE CUSTODY OF EACH FACILITY WERE:
 S. 8368--A                          3

   (I) ENROLLED IN MEDICAL ASSISTANCE OR OTHER MEDICAL INSURANCE PROGRAMS
 AT THE TIME OF THEIR INCARCERATION;
   (II) ENROLLED INTO SUCH PROGRAMS DURING THEIR INCARCERATION, INCLUDING
 WHETHER  THEY WERE ENROLLED THROUGH SOCIAL SERVICES DISTRICTS OR THE NEW
 YORK STATE HEALTH BENEFITS EXCHANGE PORTAL;
   (III) RELEASED WITH PROOF OF ENROLLMENT IN SUCH PROGRAMS; AND
   (IV) RELEASED WITHOUT PROOF OF ENROLLMENT IN SUCH PROGRAMS.
   (B) THE FIRST REPORT UNDER THIS SUBDIVISION  SHALL  BE  COMPLETED  AND
 SUBMITTED  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
 THE SPEAKER OF THE ASSEMBLY NO LATER THAN ONE YEAR AFTER  THE  EFFECTIVE
 DATE OF THIS SUBDIVISION.
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law. Effective immediately, the commissioner of
 health, the commissioner of corrections and community  supervision,  and
 the  superintendents  of  local correctional facilities shall make regu-
 lations and take other actions reasonably  necessary  to  implement  the
 provisions of this act on its effective date.

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Senate Bill S8368A

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Archive: Last Bill Status - In Senate Committee Finance Committee

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Mar 15, 2022 - Health Committee Vote

Health Committee Vote: Mar 15, 2022

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

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co-Sponsors

2021-S8368 - Details

2021-S8368 - Summary

2021-S8368 - Sponsor Memo

2021-S8368 - Bill Text download pdf

co-Sponsors

2021-S8368A (ACTIVE) - Details

2021-S8368A (ACTIVE) - Summary

2021-S8368A (ACTIVE) - Sponsor Memo

2021-S8368A (ACTIVE) - Bill Text download pdf

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