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A07216 Summary:

BILL NOA07216
 
SAME ASSAME AS S04906-A
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd 366-a, Soc Serv L; amd 71, add 500-q, Cor L
 
Provides for enrollment of eligible incarcerated persons in the medical assistance for needy persons program; provides for enrollment of incarcerated individuals in other medical assistance programs, where eligible.
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A07216 Actions:

BILL NOA07216
 
05/15/2023referred to health
01/03/2024referred to health
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A07216 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7216
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the correction law and the social services law, in relation to the enrollment of incarcerated individuals in the medical assistance for needy persons program   PURPOSE: To direct State and local correctional facilities to take steps neces- sary to enroll incarcerated individuals in Medicaid or other health insurance programs   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends Corrections Law section 71 to direct the Commissioner of Corrections to take all steps necessary to enroll soon-to-be-released incarcerated individuals in Medicaid. Section 2: Creates a new Corrections Law section 500 directing adminis- trators of local correctional facilities to take all steps necessary to enroll soon-to-be-released incarcerated individuals in Medicaid. Section 3: Amends Social Services Law section 366-a to direct local social services or health officials to provide prison or jail adminis- trators with necessary documentation for incarcerated individuals. Section 4: Amends Corrections Law section 10 to require annual reporting by the Commissioner on enrollment of incarcerated persons in Medicaid or other health insurance programs. Section 5: 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 eligibility systems while simultaneously seeking work and housing. Lack of medical care can easily disrupt returning individuals attempts to successfully reintegrate into society. New York has made administrative efforts, to facilitate Medicaid enroll- ment for individuals returning from incarceration. This bill strengthens this efforts 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 documentation of enrollment. For individuals found inel- igible 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.   PRIOR LEGISLATIVE HISTORY: 2022: A9397 Passed Assembly; Senate Health reported to Finance   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: 180 days
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A07216 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7216
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 15, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Health
 
        AN  ACT  to  amend  the  correction  law and the social services law, in
          relation to the enrollment of incarcerated individuals in the  medical
          assistance for needy persons program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 71 of the correction law is amended by adding a new
     2  subdivision 9 to read as follows:
     3    9. (a) The commissioner shall take all steps necessary to enroll  into
     4  the  medical  assistance for needy persons program under title eleven of
     5  article five of the social services law any eligible individual  commit-
     6  ted  to  the custody of the department, unless the department determines
     7  that such application is unnecessary because the individual was enrolled
     8  in the medical assistance program at the time of their incarceration and
     9  is expected to remain so at the time of release or because the  individ-
    10  ual  is ineligible for enrollment in such program or does not wish to be
    11  enrolled. Provided, however, that no such medical  assistance  shall  be
    12  furnished  for any care, services, or supplies provided during such time
    13  as the person is incarcerated except  as  authorized  under  subdivision
    14  one-a of section three hundred sixty-six of the social services law. For
    15  individuals  successfully enrolled under this subdivision, any documents
    16  relating to enrollment shall be kept in the individual's  records  until
    17  the  individual's  release  from  custody,  at which time such documents
    18  shall be provided to the individual.
    19    (b) Where an individual is found ineligible for the medical assistance
    20  program, the department shall make diligent efforts to determine whether
    21  the individual is eligible for any other medical insurance program  and,
    22  if  so,  assist the individual in applying to the program for which they
    23  are eligible if they wish to enroll in such program.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02422-01-3

        A. 7216                             2
 
     1    § 2. The correction law is amended by adding a new  section  500-q  to
     2  read as follows:
     3    §  500-q.  Medicaid enrollment. 1. Where practicable, for any eligible
     4  individual incarcerated in a local  correctional  facility,  the  super-
     5  intendent of such facility shall take all steps necessary for enrollment
     6  into the medical assistance for needy persons program under title eleven
     7  of  article  five  of the social services law, unless the superintendent
     8  determines that such application is unnecessary because  the  individual
     9  was  enrolled  in  the  medical  assistance program at the time of their
    10  incarceration and is expected to remain so at the time  of  release,  or
    11  because  the  individual is ineligible for enrollment in such program or
    12  does not wish to be enrolled. Provided, however, that  no  such  medical
    13  assistance  shall  be  furnished  for  any  care,  services, or supplies
    14  provided during such time  as  the  person  is  incarcerated  except  as
    15  authorized under subdivision one-a of section three hundred sixty-six of
    16  the  social  services  law.  For individuals successfully enrolled under
    17  this subdivision, any documents relating to enrollment shall be kept  in
    18  the individual's records until the individual's release from custody, at
    19  which time such documents shall be provided to the individual.
    20    2.  Where an individual is found ineligible for the medical assistance
    21  program, the superintendent shall make  diligent  efforts  to  determine
    22  whether  the  individual  is  eligible  for  any other medical insurance
    23  program and, if so, assist the individual in applying to the program for
    24  which they are eligible if they wish to enroll in such program.
    25    § 3. Paragraph (b) of subdivision 3 of section  366-a  of  the  social
    26  services  law,  as amended by chapter 41 of the laws of 1992, is amended
    27  to read as follows:
    28    (b) notify the applicant in writing of the decision,  and  where  such
    29  applicant  is  found eligible, provide a tamper resistant identification
    30  card containing a photo image of  the  applicant  for  use  in  securing
    31  medical assistance under this title provided, however, that an identifi-
    32  cation  card  need  not  contain a photo image of a person other than an
    33  adult member of an eligible household or a single-person eligible house-
    34  hold. The department is not required to provide, but shall seek  practi-
    35  cal  methods  for  providing,  a card with such picture to a person when
    36  such person is homebound or is a resident of a residential  health  care
    37  facility,  or  an  in-patient  psychiatric  facility,  or is expected to
    38  remain hospitalized for an extended period.    Where  the  applicant  is
    39  incarcerated  by the department of corrections and community supervision
    40  or in a local correctional facility as defined in  section  two  of  the
    41  correction  law, the appropriate social services official or the depart-
    42  ment of health or its agent shall provide such  identification  card  to
    43  the department of corrections and community supervision or local correc-
    44  tional  facility  for keeping with the incarcerated individual's records
    45  until such individual is  released.  The  commissioner  shall  have  the
    46  authority  to  define  categories  of recipients who are not required to
    47  have a photo identification card  where  such  card  would  be  limited,
    48  unnecessary or impracticable.
    49    §  4.  Section  71  of  the  correction law is amended by adding a new
    50  subdivision 10 read as follows:
    51    10. (a) The commissioner, in consultation  with  the  commissioner  of
    52  health,  shall  study  and  report annually on enrollment in the medical
    53  assistance for needy persons program of applicants in the custody of the
    54  department or local correctional facilities. The  report  shall  include
    55  how many individuals in the custody of each facility were:

        A. 7216                             3
 
     1    (i) enrolled in medical assistance or other medical insurance programs
     2  at the time of their incarceration;
     3    (ii) enrolled into such programs during their incarceration, including
     4  whether  they were enrolled through social services districts or the New
     5  York State Health Benefits Exchange portal;
     6    (iii) released with proof of enrollment in such programs; and
     7    (iv) released without proof of enrollment in such programs.
     8    (b) The first report under this subdivision  shall  be  completed  and
     9  submitted  to  the  governor, the temporary president of the senate, and
    10  the speaker of the assembly no later than one year after  the  effective
    11  date of this subdivision.
    12    § 5. This act shall take effect on the one hundred eightieth day after
    13  it  shall  have become a law. Effective immediately, the commissioner of
    14  health, the commissioner of corrections and community  supervision,  and
    15  the  superintendents  of  local correctional facilities shall make regu-
    16  lations and take other actions reasonably  necessary  to  implement  the
    17  provisions of this act on its effective date.
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