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S00614 Summary:

S00614 Actions:

S00614 Committee Votes:

S00614 Floor Votes:

S00614 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         614--B
            Cal. No. 590
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  Sens. RIVERA, BRISPORT, CLEARE, COMRIE, FAHY, FERNANDEZ,
          GIANARIS, GONZALEZ, HARCKHAM, HINCHEY, JACKSON, MYRIE, RAMOS, SALAZAR,
          SANDERS -- read twice and ordered printed,  and  when  printed  to  be
          committed  to  the Committee on Health -- recommitted to the Committee
          on Health in accordance with  Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  reported  favorably  from  said committee and
          committed to the Committee on Finance -- reported favorably from  said
          committee,  ordered  to  first  and  second report, ordered to a third
          reading, amended and ordered reprinted, retaining  its  place  in  the
          order of third reading
 
        AN  ACT  to  amend  the  correction  law and the social services law, in
          relation to the enrollment of incarcerated individuals in the  medical
          assistance for needy persons program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 71 of the correction law is amended by adding a new
     2  subdivision 9 to read as follows:
     3    9. (a) The commissioner shall take all steps necessary to enroll  into
     4  the  medical  assistance for needy persons program under title eleven of
     5  article five of the social services law any eligible individual  commit-
     6  ted  to  the custody of the department, unless the department determines
     7  that such application is unnecessary because the individual was enrolled
     8  in the medical assistance program at the time of their incarceration and
     9  is expected to remain so at the time of release or because the  individ-
    10  ual  is ineligible for enrollment in such program or does not wish to be
    11  enrolled. Provided, however, that no such medical  assistance  shall  be
    12  furnished  for any care, services, or supplies provided during such time
    13  as the person is incarcerated except  as  authorized  under  subdivision
    14  one-a of section three hundred sixty-six of the social services law. For
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00018-08-6
        S. 614--B                           2
 
     1  individuals  successfully enrolled under this subdivision, any documents
     2  relating to enrollment shall be kept in the individual's  records  until
     3  the  individual's  release  from  custody,  at which time such documents
     4  shall be provided to the individual.
     5    (b) Where an individual is found ineligible for the medical assistance
     6  program, the department shall make diligent efforts to determine whether
     7  the  individual is eligible for any other medical insurance program and,
     8  if so, assist the individual in applying to the program for  which  they
     9  are eligible if they wish to enroll in such program.
    10    §  2.  The  correction law is amended by adding a new section 500-r to
    11  read as follows:
    12    § 500-r. Medicaid enrollment. 1. Where practicable, for  any  eligible
    13  individual  incarcerated  in  a  local correctional facility, the super-
    14  intendent of such facility shall take all steps necessary for enrollment
    15  into the medical assistance for needy persons program under title eleven
    16  of article five of the social services law,  unless  the  superintendent
    17  determines  that  such application is unnecessary because the individual
    18  was enrolled in the medical assistance program  at  the  time  of  their
    19  incarceration  and  is  expected to remain so at the time of release, or
    20  because the individual is ineligible for enrollment in such  program  or
    21  does  not  wish  to be enrolled. Provided, however, that no such medical
    22  assistance shall be  furnished  for  any  care,  services,  or  supplies
    23  provided  during  such  time  as  the  person  is incarcerated except as
    24  authorized under subdivision one-a of section three hundred sixty-six of
    25  the social services law. For  individuals  successfully  enrolled  under
    26  this  subdivision, any documents relating to enrollment shall be kept in
    27  the individual's records until the individual's release from custody, at
    28  which time such documents shall be provided to the individual.
    29    2. Where an individual is found ineligible for the medical  assistance
    30  program,  the  superintendent  shall  make diligent efforts to determine
    31  whether the individual is  eligible  for  any  other  medical  insurance
    32  program and, if so, assist the individual in applying to the program for
    33  which they are eligible if they wish to enroll in such program.
    34    §  3.  Paragraph  (b)  of subdivision 3 of section 366-a of the social
    35  services law, as amended by chapter 41 of the laws of 1992,  is  amended
    36  to read as follows:
    37    (b)  notify  the  applicant in writing of the decision, and where such
    38  applicant is found eligible, provide a tamper  resistant  identification
    39  card  containing  a  photo  image  of  the applicant for use in securing
    40  medical assistance under this title provided, however, that an identifi-
    41  cation card need not contain a photo image of a  person  other  than  an
    42  adult member of an eligible household or a single-person eligible house-
    43  hold.  The department is not required to provide, but shall seek practi-
    44  cal methods for providing, a card with such picture  to  a  person  when
    45  such  person  is homebound or is a resident of a residential health care
    46  facility, or an in-patient  psychiatric  facility,  or  is  expected  to
    47  remain  hospitalized  for  an  extended period.   Where the applicant is
    48  incarcerated by the department of corrections and community  supervision
    49  or  in  a  local  correctional facility as defined in section two of the
    50  correction law, the appropriate social services official or the  depart-
    51  ment  of  health  or its agent shall provide such identification card to
    52  the department of corrections and community supervision or local correc-
    53  tional facility for keeping with the incarcerated  individual's  records
    54  until  such  individual  is  released.  The  commissioner shall have the
    55  authority to define categories of recipients who  are  not  required  to
        S. 614--B                           3
 
     1  have  a  photo  identification  card  where  such card would be limited,
     2  unnecessary or impracticable.
     3    §  4.  Section  71  of  the  correction law is amended by adding a new
     4  subdivision 10 to read as follows:
     5    10. (a) The commissioner, in consultation  with  the  commissioner  of
     6  health,  shall  study  and  report annually on enrollment in the medical
     7  assistance for needy persons program of applicants in the custody of the
     8  department or local correctional facilities. The  report  shall  include
     9  how many individuals in the custody of each facility were:
    10    (i) enrolled in medical assistance or other medical insurance programs
    11  at the time of their incarceration;
    12    (ii) enrolled into such programs during their incarceration, including
    13  whether  they were enrolled through social services districts or the New
    14  York State Health Benefits Exchange portal;
    15    (iii) released with proof of enrollment in such programs; and
    16    (iv) released without proof of enrollment in such programs.
    17    (b) The first report under this subdivision  shall  be  completed  and
    18  submitted  to  the  governor, the temporary president of the senate, and
    19  the speaker of the assembly no later than one year after  the  effective
    20  date of this subdivision.
    21    § 5. This act shall take effect on the one hundred eightieth day after
    22  it  shall  have become a law. Effective immediately, the commissioner of
    23  health, the commissioner of corrections and community  supervision,  and
    24  the  superintendents  of  local correctional facilities shall make regu-
    25  lations and take other actions reasonably  necessary  to  implement  the
    26  provisions of this act on its effective date.