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A01008 Summary:

BILL NOA01008
 
SAME ASSAME AS S00614
 
SPONSORPaulin
 
COSPNSRHevesi, Gonzalez-Rojas, Burdick, Gray, Romero, Steck, McDonald, Kelles, Cruz, Weprin, Rosenthal, Meeks, Gallagher, Jackson, Epstein, Forrest, Tapia, Bichotte Hermelyn, Simon, Taylor
 
MLTSPNSR
 
Amd §§364-i & 366-a, Soc Serv L; add §500-q, amd §§71, 500-b & 45, Cor L
 
Provides presumptive eligibility for medical assistance benefits for persons released from correctional facilities for at least sixty days following release; provides for enrollment of such individuals upon release upon application, if eligible.
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A01008 Actions:

BILL NOA01008
 
01/08/2025referred to health
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A01008 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1008
 
SPONSOR: Paulin
  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 5, 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 reconsideration This section requires the appropriate social services official 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 Commis- sioner 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 applicants 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 Medi- caid or other health insurance programs.   LEGISLATIVE. HISTORY: 2023-2024: A7216, reported to ways and means / Same as S.4906b, reported to finance. 2021-2022: A9397-A Gottfried, passed assembly / Same as S.8368a, referred to health.   FISCAL IMPLICATIONS: To be determined   EFFECTIVE DATE: Effective 180 days after it becomes law.
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