|SAME AS||No Same As|
|Amd §366, Soc Serv L|
|Provides that the state shall seek federal authority to provide Medicaid coverage for transition services for high need inmates during the thirty days prior to release.|
|02/18/2016||referred to health|
|03/01/2016||reported referred to ways and means|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9320 SPONSOR: O'Donnell
TITLE OF BILL: An act to amend the social services law, in relation to medical assistance for certain inmates at local or state correctional facilities   PURPOSE OR GENERAL IDEA OF BILL: To obtain a federal waiver to enroll high-need, Medicaid-eligible inmates thirty days prior to their release from a state or local correc- tional facility.   SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill provides that the state shall seek federal authority to provide Medicaid coverage for high need inmates thirty days prior to their release from incarceration. Section two of the bill is the effective date.   JUSTIFICATION: In his SFY 2016-17 Executive Budget, Governor Cuomo has proposed a robust set of criminal justice reforms, including funding to ensure the seamless provision of healthcare services to individuals upon reentry to the community from incarceration. However, such reforms are incomplete insofar as incarcerated individuals who are Medicaid eligible cannot receive Medicaid-covered services prior to release under current state and federal law. As a result, individuals are not able to get the medi- cations and services that best enable them to transition to the communi- ty and avoid relapse and recidivism. A simple change in the social services law and a waiver or other author- ization from the Federal Centers for Medicare and Medicaid Services would allow Medicaid coverage of such services, and reduce unnecessary healthcare costs for such individuals, as well as the likelihood that they will commit additional crimes. This bill will offer limited coverage pre-release. It extends coverage to individuals thirty days immediately prior to release for incarcera- tion for services required as part of the plan to transition at-risk individuals back into the community. This bill supports high-need individuals by impacting individuals with (a) a history of addiction; or (b) mental illness; or (c) who would otherwise be eligible to participate in a health home program due to one or more chronic illnesses. This bill will accrue savings to the state by avoiding relapse and hospitalization of justice-involved individuals and by obtaining federal Medicaid matching funds for care provided immediately prior to release. Furthermore, the vast majority of those who are incarcerated would be eligible for the increased federal Medicaid match, which will eventually rise to 90% of the total cost as a result of the Affordable Care Act. Accordingly, the upfront cost to the State would be very small. This proposal would directly support New York State's ongoing effort to provide high quality, comprehensive care to New Yorkers who need it the most. Incarcerated individuals with serious mental health or substance use disorders will be,connected with treatment, medication support and intensive care coordination, including targeted case management, prior to release, instituting a continuum of care and thereby improving outcomes. It is well documented that individuals receiving outpatient care for their chronic health conditions require fewer emergency room visits and hospitalizations.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: No cost to state. Allows state to accrue savings from avoided hospitali- zation of justice involved individuals and from federal Medicaid match- ing funds for care provided prior to release.   EFFECTIVE DATE: This act shall take effect six months after it shall have become law.
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STATE OF NEW YORK ________________________________________________________________________ 9320 IN ASSEMBLY February 18, 2016 ___________ Introduced by M. of A. O'DONNELL -- read once and referred to the Committee on Health AN ACT to amend the social services law, in relation to medical assist- ance for certain inmates at local or state correctional facilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1-a of section 366 of the social services law, 2 as added by chapter 355 of the laws of 2007, is amended to read as 3 follows: 4 1-a. Notwithstanding any other provision of law, in the event that a 5 person who is an inmate of a state or local correctional facility, as 6 defined in section two of the correction law, was in receipt of medical 7 assistance pursuant to this title immediately prior to being admitted to 8 such facility, such person shall remain eligible for medical assistance 9 while an inmate, except that no medical assistance shall be furnished 10 pursuant to this title for any care, services, or supplies provided 11 during such time as the person is an inmate; provided, however, that 12 nothing herein shall be deemed as preventing the provision of medical 13 assistance for inpatient hospital services furnished to an inmate at a 14 hospital outside of the premises of such correctional facility or pursu- 15 ant to other federal authority authorizing the provision of medical 16 assistance to an inmate of a state or local correctional facility during 17 the thirty days prior to release, to the extent that federal financial 18 participation is available for the costs of such services. Upon release 19 from such facility, such person shall continue to be eligible for 20 receipt of medical assistance furnished pursuant to this title until 21 such time as the person is determined to no longer be eligible for 22 receipt of such assistance. To the extent permitted by federal law, the 23 time during which such person is an inmate shall not be included in any 24 calculation of when the person must recertify his or her eligibility for 25 medical assistance in accordance with this article. The state shall seek 26 federal authority to provide medical assistance for transitional 27 services including but not limited to medical, prescription, and care EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14078-02-6A. 9320 2 1 coordination services for high needs inmates in state and local correc- 2 tional facilities during the thirty days prior to release. 3 § 2. This act shall take effect on the one hundred eightieth day after 4 it shall have become a law.