S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1008
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00018-03-5
              

 A. 1008                             2
 
 PRIATE  AMENDMENTS  TO  THE  STATE  PLAN  UNDER TITLE XIX OF THE FEDERAL
 SOCIAL SECURITY ACT.
   (E)  THE COMMISSIONER SHALL ALSO DEVELOP MATERIALS TO EDUCATE INDIVID-
 UALS  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.   THE COMMISSIONER SHALL ENSURE REIN-
 STATEMENT AND ACTIVE ENROLLMENT INTO THE MEDICAL ASSISTANCE PROGRAM  FOR
 INDIVIDUALS    WHO  HAVE  MAINTAINED ELIGIBILITY PURSUANT TO SUBDIVISION
 ONE-A OF SECTION THREE HUNDRED SIXTY-SIX OF  THE  SOCIAL  SERVICES  LAW.
 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 OR AS AUTHOR-
 IZED UNDER ANY OTHER APPLICABLE  STATE  OR  FEDERAL  LAW  OR  REGULATION
 PERMITTING  THE  PROVISION  OF SUCH MEDICAL ASSISTANCE.  FOR INDIVIDUALS
 SUCCESSFULLY ENROLLED UNDER THIS SUBDIVISION, ANY DOCUMENTS RELATING  TO
 ENROLLMENT  SHALL BE KEPT IN THE INDIVIDUAL'S RECORDS UNTIL THE INDIVID-
 UAL'S RELEASE FROM CUSTODY,  AT  WHICH  TIME  SUCH  DOCUMENTS  SHALL  BE
 PROVIDED TO THE INDIVIDUAL WHERE PRACTICABLE.
   (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 PRIOR TO RELEASE.
   §  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
 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.  THE SUPERINTENDENT SHALL ENSURE REIN-
 STATEMENT AND ACTIVE ENROLLMENT INTO THE MEDICAL ASSISTANCE PROGRAM  FOR
 INDIVIDUALS  WHO  HAVE  MAINTAINED  ELIGIBILITY  PURSUANT TO SUBDIVISION
 ONE-A OF SECTION THREE HUNDRED SIXTY-SIX OF  THE  SOCIAL  SERVICES  LAW.
 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
 A. 1008                             3

 SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW OR AS AUTHOR-
 IZED UNDER ANY OTHER APPLICABLE  STATE  OR  FEDERAL  LAW  OR  REGULATION
 PERMITTING  THE  PROVISION  OF SUCH MEDICAL ASSISTANCE.  FOR INDIVIDUALS
 SUCCESSFULLY  ENROLLED UNDER THIS SUBDIVISION, ANY DOCUMENTS RELATING TO
 ENROLLMENT SHALL BE KEPT IN THE INDIVIDUAL'S RECORDS UNTIL THE  INDIVID-
 UAL'S  RELEASE  FROM  CUSTODY,  AT  WHICH  TIME  SUCH DOCUMENTS SHALL BE
 PROVIDED TO THE INDIVIDUAL WHERE PRACTICABLE.
   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 PRIOR  TO
 RELEASE.
   §  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. 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
 A. 1008                             4
 
 SERVICES DISTRICTS OR THE NEW YORK STATE  OF  HEALTH  BENEFITS  EXCHANGE
 PORTAL; AND
   (G) any other information requested by the commission and available to
 the chief administrative officer with respect to this section.
   §  6.  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 WILL BE COMPLETED BY DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, AND ANNUALLY THEREAFTER.
   § 7. 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 five 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.