NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9320
TITLE OF BILL: An act to amend the social services law, in relation
to medical assistance for certain inmates at local or state correctional
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-
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.
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.
This act shall take effect six months after it shall have become law.
STATE OF NEW YORK
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
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.
A. 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.