S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4906
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2023
                                ___________
 
 Introduced  by  Sens.  RIVERA,  CLEARE, MYRIE, 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 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02422-02-3
 S. 4906                             2
              

 
 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
 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 ELIGIBLE INDIVIDUAL COMMIT-
 TED 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  ELIGIBLE
 INDIVIDUAL  INCARCERATED  IN  A  LOCAL CORRECTIONAL FACILITY, THE SUPER-
 S. 4906                             3

 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, UNDER  SUBDIVISION  NINE  OF
 SECTION  THREE  HUNDRED  SIXTY-FOUR-I 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. 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.  Section  71  of  the  correction law is amended by adding a new
 subdivision 10 to read as follows:
 S. 4906                             4
 
   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.  THE REPORT SHALL INCLUDE HOW MANY INDIVIDUALS IN THE CUSTO-
 DY OF EACH FACILITY WERE:
   (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  BY
 DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, AND ANNUALLY THEREAFT-
 ER.  REPORTS SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT
 OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY.
   § 6. Paragraphs (e) and (f) of subdivision 9 of section 500-b  of  the
 correction  law,  as  amended  by  chapter  574 of the laws of 1985, are
 amended to read as follows:
   (e) court orders which have been issued and which relate to  staffing,
 jail capacity or security requirements; [and]
   (f)  THE NUMBER OF ANY INDIVIDUALS IN THE CUSTODY OF EACH FACILITY (1)
 ENROLLED IN MEDICAL ASSISTANCE OR OTHER MEDICAL  INSURANCE  PROGRAMS  AT
 THE  TIME OF THEIR INCARCERATION; (2) 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;  (3) RELEASED WITH PROOF OF ENROLLMENT IN SUCH PROGRAMS; AND (4)
 RELEASED WITHOUT PROOF OF ENROLLMENT IN SUCH PROGRAMS; AND
   (G) any other information requested by the commission and available to
 the chief administrative officer with respect to this section.
   § 7. Section 45 of the correction law  is  amended  by  adding  a  new
 subdivision 20 to read as follows:
   20.  MAKE  AN  ANNUAL REPORT, IN CONSULTATION WITH THE COMMISSIONER OF
 HEALTH, TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND  THE
 SPEAKER  OF  THE  ASSEMBLY    CONTAINING INFORMATION OBTAINED FROM LOCAL
 CORRECTIONAL FACILITIES UNDER PARAGRAPH (F) OF SECTION FIVE HUNDRED-B OF
 THIS CHAPTER REGARDING ENROLLMENT IN THE MEDICAL  ASSISTANCE  FOR  NEEDY
 PERSONS  PROGRAM OR OTHER MEDICAL INSURANCE PROGRAM OF APPLICANTS IN THE
 CUSTODY OF LOCAL CORRECTIONAL FACILITIES. THE FIRST  REPORT  UNDER  THIS
 SUBDIVISION  SHALL  BE  COMPLETED BY DECEMBER THIRTY-FIRST, TWO THOUSAND
 TWENTY-FOUR, AND ANNUALLY THEREAFTER.
   § 8. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that  the  amendments  to
 section  500-b  of  the  correction  law made by section six of this act
 shall not affect the repeal of such section and shall be deemed repealed
 therewith.   Effective immediately,  the  commissioner  of  health,  the
 commissioner  of  corrections  and community supervision, and the super-
 intendents of local correctional facilities shall make  regulations  and
 take  other  actions reasonably necessary to implement the provisions of
 this act on its effective date.