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.

Statutes affected:
S5562: 364-i social services law, 45 correction law