S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8978
 
                             I N  S E N A T E
 
                                May 3, 2022
                                ___________
 
 Introduced by Sen. RIVERA -- (at request of the Department of Health) --
   read  twice  and  ordered printed, and when printed to be committed 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
 S. 8978                             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.