Megan French-Marcelin

After years of advocacy, Legal Action Center (LAC), along with other advocates across New York State, celebrates passage of the Transitional Reentry Health Act (S614B/A269A). This landmark legislation sponsored by Senator Gustavo Rivera and Assemblymember Amy Paulin will help ensure New Yorkers returning home from incarceration have access to health coverage and care during the critical reentry period when they need it most.

People returning to the community from incarceration experience disproportionately high rates of chronic illnesses and behavioral health conditions, including HIV, hepatitis, diabetes, hypertension, serious mental illness, and substance use disorders. LAC has long warned that in the first two weeks after release, formerly incarcerated individuals are 13 times more likely to die and 130 times more likely to die from overdose compared to the general population, making immediate connections to coverage and care absolutely critical. By requiring prisons and jails to provide Medicaid enrollment assistance to people prior to their release, the Transitional Reentry Health Act will ensure individuals leaving incarceration can access the medications, treatment, and supportive services they need to become and stay well in the community.

With the impending implementation of federal Medicaid work reporting requirements, the bill takes on new urgency by providing a critically important pathway for people leaving incarceration to take advantage of the 90-day post-release exemption. The Transitional Reentry Health Act will lessen the burden of the new rules on these individuals, enabling them to come home, stabilize their health, and work with reentry providers and other community organizations to find pathways to work or other longer-lasting exemptions from the requirements.

"The passage of the Transitional Reentry Health Act is about ensuring that New Yorkers leaving incarceration are not set up to fail the moment they return home. Access to health care is foundational to successful reentry, yet far too many people leave jails and prisons without the coverage they need to access medications, behavioral health treatment, substance use care, and other critical services," says Senator Gustavo Rivera, the bill’s sponsor. "This bill recognizes that public health and public safety go hand in hand. When people have access to health care, they are better positioned to secure housing, reconnect with family, pursue employment, and build stable lives."

"Far too many New Yorkers leave incarceration without access to the health care they need. This bill establishes a commonsense process to connect eligible individuals with Medicaid coverage before they return to their communities," says Assemblywoman Amy Paulin, the bill’s sponsor. "Ensuring continuity of care will improve health outcomes, reduce costly emergency interventions, and help individuals build stable and productive lives upon release."

"This legislation recognizes a simple truth: access to health care should not begin weeks or months after someone returns home from incarceration," says Megan French-Marcelin, Senior Director of New York State Policy at the Legal Action Center (LAC). "The Transitional Reentry Health Act is a lifesaving investment in health, successful reentry, and public safety. By ensuring people can connect to care from day one, New York is taking an important step toward reducing fatal overdose, improving health outcomes, and helping people build stable lives in the community. Moreover, improving access to health care also supports employment, housing stability, family reunification, and community wellbeing at large. We are deeply grateful to Senator Rivera, Assemblymember Paulin, legislative leaders, and the coalition of advocates who worked tirelessly to secure passage of this monumental bill. We look forward to working alongside Governor Hochul to ensure this bill becomes law."

"AFSCME Council 82 represents a wide array of public safety titles across New York State, and we strongly support programs that help incarcerated people safely transition back to their home communities. We thank the legislature for passing the Transitional Reentry Health Act, which will provide vital support and bridge gaps in coverage for a vulnerable population," says Ron Walsh, President, AFSCME Council 82.

“Every day, we work with people returning home from incarceration who are trying to rebuild their lives while managing serious physical health conditions, mental health needs, and substance use disorders. Access to health care is not a luxury during reentry – it is a necessity. Without it, people face unnecessary barriers to stability, recovery, employment, and long-term success," says Randi Rothschild, Chief Program Officer of The Fortune Society. "That is why passage of the Transitional Reentry Health Act comes at such a critical moment. As federal Medicaid work requirements threaten to create new obstacles to coverage for millions of people nationwide, New York must do everything possible to ensure that people leaving incarceration do not lose access to the care they need during one of the most vulnerable periods of their lives. This legislation creates a vital bridge to health coverage, helping individuals access medications, treatment, and supportive services from the moment they return to their communities. In recognizing that reality, the Transitional Reentry Health Act strengthens the foundation for safer communities and better outcomes for all New Yorkers. We applaud Senator Rivera, Assemblymember Paulin, and look forward to Governor Hochul signing it into law."

"Breaks in health care coverage following discharge from incarceration are preventing people from getting substance use disorder and mental health support at one of the most vulnerable times in their lives. This law closes that gap, giving them the best chance at reconnecting with loved ones and building a stable life in their communities," says Jihoon Kim, LMSW, CRPA-P, President and CEO, InUnity Alliance.

LAC urges the Governor to swiftly sign the bill into law so every New Yorker leaving incarceration can access the care and support they need, and every community statewide can benefit from the ripple effects of this transformative legislation.