NY State Senate Bill 2025-S5562

Senate Bill S5562

2025-2026 Legislative Session

Provides for presumptive eligibility for medical assistance benefits of individuals leaving incarceration

download bill text pdf

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 25, 2025	referred to health

2025-S5562 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §364-i, Soc Serv L; amd §§500-b & 45, Cor L
Versions Introduced in 2023-2024 Legislative Session:: S6668

2025-S5562 (ACTIVE) - Summary

Provides presumptive eligibility for medical assistance benefits for individuals released from correctional facilities for at least sixty days following release.

2025-S5562 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5562

SPONSOR: RIVERA
 
TITLE OF BILL:

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

 
PURPOSE:

Provides for presumptive eligibility for medical assistance benefits of
individuals leaving incarceration.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 364-i of the Social Services Law, as it relates
to medical assistance presumptive eligibility program, to allow incar-
cerated individuals to be eligible for medical assistance.  The bill
would require the Commissioner of Health (COH) and other health offi-
cials to develop a process to enroll all incarcerated individuals into
Medicaid and seek federal financial participation in order to implement

this section. The COH would also be required to develop a process to
assist local facilities and create informational materials regarding
eligibility and enrollment processes.

Section 2 amends paragraphs (e) and (f) of subdivision 9 of section
500-b of the Correction Law, as it relates to housing of prisoners and
other persons in custody, to require the chief administrative officer to
include information in their quarterly report regarding the number of
individuals in custody of each facility that are enrolled in medical
insurance programs during their incarceration and are released with
proof of enrollment.

Section 3 adds subdivision 20 to section 45 of the Correction Law, as it
relates to functions, powers and duties of the State Commission of
Correction, to require the Commissioner of the Department of Corrections
and Community Supervision (DOCCS) to make an annual report, in consulta-
tion with the COH, the governor, the temporary president of the senate,
and the speaker of the assembly, regarding incarcerated individuals
enrolled in medical assistance for needy persons program and other
insurance programs. This information would be collected from local
correctional facilities.

Section 4 provides an effective date.

 
JUSTIFICATION:

Individuals who are incarcerated are highly susceptible to chronic
medical problems including diabetes, high blood pressure, and HIV.
Substance use disorders and mental health disorders are also very
common. Even short-term incarceration can cause enough exposure to
health risks due to violence, forced detoxification, and medication
interruption. Mental health and self-harm can also be worsened, espe-
cially during instances of solitary confinement.

Upon release from incarceration, individuals are often faced with multi-
ple barriers as they reintegrate back into society. This includes lack
of housing, lack of employment, and a possible gap in healthcare cover-
age that can make it difficult to continue medications or access care.
Many who are released with a chronic condition are often forced to
choose between their health care and prioritizing secured housing, food,
and meeting the requirements of their parole. Ensuring eligibility and
enrollment in medical assistance programs prior to being released can
help close the gap of delayed healthcare coverage and relieve one burden
that is often faced.

 
LEGISLATIVE HISTORY:

2022: S8368/A9397 Gottfried

2023-2024: S6668/No same-as

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the 180th day after becoming law.

2025-S5562 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5562
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2025
                                ___________
 
 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.
                                                            LBD00018-04-5

 S. 5562                             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-SIX, 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. 5562                             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.

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