Requires the superintendent of each department of correctional services facility to ensure that an application for medical assistance is filed for each inmate not less than 90 days prior to the inmate's release from such facility.
STATE OF NEW YORK
________________________________________________________________________
1797--A
2011-2012 Regular Sessions
IN ASSEMBLY
January 12, 2011
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Correction -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the correction law and the social services law, in
relation to requiring the filing of an application for medical assist-
ance for each inmate confined in a state correctional facility
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new section 144
2 to read as follows:
3 § 144. Filing of medical assistance applications. The superintendent
4 of each correctional facility shall ensure that an application for
5 medical assistance, pursuant to title eleven of article five of the
6 social services law, is filed for each inmate eligible for such assist-
7 ance and confined in such facility, with the statewide enrollment center
8 established by contract with the department of health pursuant to subdi-
9 vision twenty-four of section two hundred six of the public health law
10 in sufficient time before the anticipated release, conditional release
11 or discharge of the eligible inmate to permit the enrollment center to
12 process the application prior to such inmate's release from custody.
13 § 2. Subdivision 2 of section 366-a of the social services law is
14 amended by adding a new paragraph (e) to read as follows:
15 (e) Upon receipt of an application filed for an inmate confined in a
16 state correctional facility pursuant to section one hundred forty-four
17 of the correction law, the centralized statewide enrollment center
18 established by contract with the department of health pursuant to subdi-
19 vision twenty-four of section two hundred six of the public health law
20 shall determine the eligibility of such inmate for enrollment in the
21 medical assistance program established under this title. Such determi-
22 nation shall be based on whether the inmate, except for his or her
23 status as an inmate, would be eligible to receive medical assistance.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04687-02-1
A. 1797--A 2
1 Notwithstanding any inconsistent provision of law, enrollment in the
2 medical assistance program shall be effective on the date an eligible
3 inmate is released, conditionally released or discharged from custody in
4 a department facility to the community. The commissioner and the commis-
5 sioner of the state department of corrections and community supervision
6 shall determine the process for issuing the medical assistance identifi-
7 cation card so that the applicant will receive appropriate documentation
8 of his or her eligibility for medical assistance either upon release or
9 as soon thereafter as practicable.
10 § 3. This act shall take effect on the thirtieth day after it shall
11 have become a law.
