S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9397
 
                           I N  A S S E M B L Y
 
                             February 24, 2022
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred 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
 A. 9397                             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
 A. 9397                             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.