BILL NUMBER: S614
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 enrollment and presumptive eligibility for medical assist-
ance benefits for incarcerated individuals and those leaving incarcera-
tion
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Section 364-i of the Social Services Law (SOS) by
adding new subdivision 9, as it relates to the medical assistance
presumptive eligibility program, to provide that beginning on the date
of their release from incarceration, as determined by the correctional
facility and on the basis of preliminary information, an individual is
eligible for coverage under Medicaid.
Under this section, presumptive eligibility would continue through the
day on which eligibility is determined or 60 days after an individual is
released from incarceration, if in which case an individual has not
filed an application.
This section would only be effective only if, and as long as, federal
funds are available. This legislation requires the Commissioner of
Health to take all of the steps necessary to secure federal financial
participation for purposes of this subdivision, including prompt
submission of appropriate amendments to the state plan under title XIX
of the federal Social Security Act and develop materials to educate
individuals leaving correctional facilities about the medical assistance
program, including required steps to be taken to ensure continued
enrollment in the program and how to begin receiving medical services
upon release from incarceration.
Section 2 amends section 71 of the Correction Law (COR) by adding new
subdivision 9, as it relates to persons received into custody of the
Department of Corrections and Community Supervision (DOCCS). This legis-
lation requires the Commissioner of DOCCS to take all of the steps
necessary to enroll individuals committed to the custody of DOCCS into
the medical assistance program unless the department determines that
such application is unnecessary due to one of the following: the indi-
vidual was enrolled at the time of their incarceration and is expected
to remain so at the time of release, the individual is ineligible for
enrollment, or the individual does not wish to be enrolled.
This section also requires the Commissioner of DOCCS to ensure the rein-
statement and active enrollment into the medical assistance program of
individuals who have maintained eligibility throughout their incarcera-
tion. Under this legislation, no medical assistance will be furnished
for any care, services, or supplies provided during the time in which an
individual is incarcerated except as authorized by state or federal law.
Furthermore, this legislation also requires that any documents related
to an individual's enrollment must be kept in the individual's record
until they are released from custody, at which time, the documents must
be provided to the individual upon release.
If an individual is found to be ineligible for enrollment into a medical
assistance program, the department is required to determine whether the
individual is eligible for any other medical insurance program and, if
so, must assist the individual in applying to the program for which they
are eligible if they wish to enroll in such program prior to release.
Section 3 amends COR by adding a new section 500-q as it relates to
Medicaid enrollment for local correctional facilities. This section
requires the superintendent of the local facility to take all of the
steps necessary to enroll individuals into the medical assistance
program unless they determine that such application is unnecessary due
to one of the following: the individual was enrolled at the time of
their incarceration and is expected to remain so at the time of release,
the individual is ineligible for enrollment, or the individual does not
wish to be enrolled.
This section also requires the Commissioner of DOCCS to ensure the rein-
statement and active enrollment into the medical assistance program of
individuals who have maintained eligibility throughout their incarcera-
tion. Under this section, no medical assistance will be furnished for
any care, services, or supplies provided during the time in which an
individual is incarcerated except as authorized by state or federal law.
Furthermore, this section also requires that any documents related to an
individual's enrollment must be kept in the individual's record until
they are. released from custody, at which time, the documents must be
provided to the individual upon release.
If a local correctional facility is unable to complete an application
for medical assistance prior to an individual's release from its custo-
dy, the facility is required to assist the individual in the completion
of any requirements necessary for a presumptive eligibility determi-
nation prior to such individual's release unless the individual decides
that they do not wish to enroll in the program. This section also
requires the superintendent to assist individuals in submitting any
preliminary information that may be necessary to meet presumptive eligi-
bility requirements.
If an individual is found to be ineligible for enrollment into a medical
assistance program, the superintendent is required to determine whether
the individual is eligible for any other medical insurance program and,
if so, must assist the individual in applying to the program for which
they are eligible if they wish to enroll in such program prior to
release.
Section 4 amends paragraph (b) of subdivision 3 of section 366-a of SOS
as it relates to applications for assistance, investigations, and recon-
sideration This section requires the appropriate social services offi-
cial or the Department of Health or its agent to provide a tamper-
resistant identification card of the applicant, when such applicant is
found eligible, to DOCCS or local correctional facility to keep with the
incarcerated individual's records until the individual is released.
Section 5 amends Paragraphs (e) and (f) of subdivision 9 of section
500-b of COR as it relates to housing of prisoners and other persons in
custody. The new subparagraph (f) would require additional information
to be included in the Chief Administrative Officer's quarterly housing
report, regarding the number of individuals in the custody of each
facility, and whether they are currently enrolled in medical assistance
or other medical insurance programs at the time of their incarceration,
and the number of individuals enrolled into such programs during their
incarceration as well as the mode in which they were enrolled, including
enrollment through social services districts or the New York State of
Health benefits exchange portal.
Section 6 amends section 45 of COR by adding a new subdivision 20 as it
relates to annual reporting. This section requires the Commissioner of
DOCCS to create 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 regarding enrollment in the medical assistance
for needy persons program or other medical insurance program of appli-
cants in the custody of local correctional facilities. This legislation
also requires the first report to be completed by December 31, 2025, and
annually thereafter.
Section 7 provides an effective date.
 
JUSTIFICATION:
Many incarcerated individuals are at high risk for illnesses related to
poverty, addiction, or mental illness, and frequently enter the State
correctional system without previously receiving adequate access to
care. Upon release, these New Yorkers must navigate New York's complex
social services eligibility systems while simultaneously seeking work
and housing. Lack of medical care can easily disrupt returning individ-
uals' attempts to reintegrate into society.
New York has made administrative efforts to facilitate Medicaid enroll-
ment for individuals, returning from incarceration. This bill strength-
ens that effort by directing state and local correctional facilities to
take all necessary steps prior to release to enroll individuals in Medi-
caid and directs local social services or health districts to provide
facilities with enrollment documentation. For individuals found ineligi-
ble for Medicaid, State, and local correctional facilities shall make
diligent efforts to determine whether such individuals are eligible for
other health insurance programs.
The bill also requires annual reporting by the Commissioner of
Corrections, in consultation with the Commissioner of Health, on facili-
ty data regarding the enrollment of incarcerated individuals in Medicaid
or other health insurance programs.
 
LEGISLATIVE HISTORY:
2021-2022: S8368-A/A9397-A Gottfried
2023-2024: S4906-B/A7216 Paulin
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
Effective 180 days after it becomes law.

Statutes affected:
S614: 364-i social services law, 71 correction law, 366-a social services law, 366-a(3) social services law, 45 correction law