S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6668
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 4, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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 PARAGRAPH (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02422-04-3
              

 S. 6668                             2
 
   (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
 SUCH  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 OF HEALTH SHALL ALSO DEVELOP
 MATERIALS AND INFORMATION  FOR  EDUCATING  INDIVIDUALS  HIRED  BY  LOCAL
 GOVERNMENTS  REGARDING ELIGIBILITY AND PROCESSES FOR ENROLLING INCARCER-
 ATED  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. 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.
   § 3. 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  SUBDIVISION  NINE  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.
   § 4. 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  two  of  this  act
 shall not affect the repeal of such section and shall be deemed repealed
 therewith.    Effective  immediately,  the  commissioner  of health, the
 S. 6668                             3

 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.