S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7216
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 15, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 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.
                                                            LBD02422-01-3
 A. 7216                             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:
 A. 7216                             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.