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.
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.
STATE OF NEW YORK
________________________________________________________________________
1008
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Health
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 364-i of the social services law is amended by
2 adding a new subdivision 9 to read as follows:
3 9. (a) An individual who is incarcerated by the department of
4 corrections and community supervision, or in a local correctional facil-
5 ity as defined in section two of the correction law, shall be presumed
6 eligible for medical assistance under this title beginning on the date
7 of their release from the incarceration, where the department of
8 corrections and community supervision or the local correctional facility
9 determines, on the basis of preliminary information, that the individual
10 is eligible for coverage under paragraphs (b) or (c) of subdivision one
11 of section three hundred sixty-six of this title.
12 (b) The presumptive eligibility shall continue through the earlier of:
13 the day on which eligibility is determined under this title; or, in the
14 case of an individual for whom an application for assistance under this
15 title is not filed or who does not file an application for such assist-
16 ance, sixty days after release of such individual from incarceration.
17 (c) This subdivision shall be effective only if, and as long as,
18 federal financial participation is available for expenditures incurred
19 under this subdivision.
20 (d) The commissioner of health shall take all steps necessary and
21 shall use best efforts to secure federal financial participation for
22 purposes of this subdivision, including the prompt submission of appro-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00018-03-5
A. 1008 2
1 priate amendments to the state plan under title XIX of the federal
2 social security act.
3 (e) The commissioner shall also develop materials to educate individ-
4 uals leaving correctional facilities about the medical assistance
5 program, including what steps need to be taken to ensure continued
6 enrollment in the program for those deemed presumptively eligible, and
7 how to begin receiving medical services upon release from incarceration.
8 § 2. Section 71 of the correction law is amended by adding a new
9 subdivision 9 to read as follows:
10 9. (a) The commissioner shall take all steps necessary to enroll into
11 the medical assistance for needy persons program under title eleven of
12 article five of the social services law any individual committed to the
13 custody of the department, under subdivision nine of section three
14 hundred sixty-four-i of the social services law, unless the department
15 determines that such application is unnecessary because the individual
16 was enrolled in the medical assistance program at the time of their
17 incarceration and is expected to remain so at the time of release or
18 because the individual is ineligible for enrollment in such program or
19 does not wish to be enrolled. The commissioner shall ensure rein-
20 statement and active enrollment into the medical assistance program for
21 individuals who have maintained eligibility pursuant to subdivision
22 one-a of section three hundred sixty-six of the social services law.
23 Provided, however, that no such medical assistance shall be furnished
24 for any care, services, or supplies provided during such time as the
25 person is incarcerated except as authorized under subdivision one-a of
26 section three hundred sixty-six of the social services law or as author-
27 ized under any other applicable state or federal law or regulation
28 permitting the provision of such medical assistance. For individuals
29 successfully enrolled under this subdivision, any documents relating to
30 enrollment shall be kept in the individual's records until the individ-
31 ual's release from custody, at which time such documents shall be
32 provided to the individual where practicable.
33 (b) Where an individual is found ineligible for the medical assistance
34 program, the department shall make diligent efforts to determine whether
35 the individual is eligible for any other medical insurance program and,
36 if so, assist the individual in applying to the program for which they
37 are eligible if they wish to enroll in such program prior to release.
38 § 3. The correction law is amended by adding a new section 500-q to
39 read as follows:
40 § 500-q. Medicaid enrollment. 1. Where practicable, for any individual
41 incarcerated in a local correctional facility, the superintendent of
42 such facility shall take all steps necessary for enrollment into the
43 medical assistance for needy persons program under title eleven of arti-
44 cle five of the social services law, under subdivision nine of section
45 three hundred sixty-four-i of the social services law, unless the super-
46 intendent determines that such application is unnecessary because the
47 individual was enrolled in the medical assistance program at the time of
48 their incarceration and is expected to remain so at the time of release,
49 or because the individual is ineligible for enrollment in such program
50 or does not wish to be enrolled. The superintendent shall ensure rein-
51 statement and active enrollment into the medical assistance program for
52 individuals who have maintained eligibility pursuant to subdivision
53 one-a of section three hundred sixty-six of the social services law.
54 Provided, however, that no such medical assistance shall be furnished
55 for any care, services, or supplies provided during such time as the
56 person is incarcerated except as authorized under subdivision one-a of
A. 1008 3
1 section three hundred sixty-six of the social services law or as author-
2 ized under any other applicable state or federal law or regulation
3 permitting the provision of such medical assistance. For individuals
4 successfully enrolled under this subdivision, any documents relating to
5 enrollment shall be kept in the individual's records until the individ-
6 ual's release from custody, at which time such documents shall be
7 provided to the individual where practicable.
8 2. When a local correctional facility is unable to complete an appli-
9 cation for medical assistance prior to an individual's release from its
10 custody, the facility shall assist the individual in the completion of
11 any requirements necessary for a presumptive eligibility determination
12 prior to such individual's release unless the individual decides that
13 they do not wish to enroll in the program. The superintendent shall
14 assist individuals to submit any preliminary information that may be
15 necessary to meet presumptive eligibility requirements under subdivision
16 nine of section three hundred sixty-four-i of the social services law.
17 3. Where an individual is found ineligible for the medical assistance
18 program, the superintendent shall make diligent efforts to determine
19 whether the individual is eligible for any other medical insurance
20 program and, if so, assist the individual in applying to the program for
21 which they are eligible if they wish to enroll in such program prior to
22 release.
23 § 4. Paragraph (b) of subdivision 3 of section 366-a of the social
24 services law, as amended by chapter 41 of the laws of 1992, is amended
25 to read as follows:
26 (b) notify the applicant in writing of the decision, and where such
27 applicant is found eligible, provide a tamper resistant identification
28 card containing a photo image of the applicant for use in securing
29 medical assistance under this title provided, however, that an identifi-
30 cation card need not contain a photo image of a person other than an
31 adult member of an eligible household or a single-person eligible house-
32 hold. The department is not required to provide, but shall seek practi-
33 cal methods for providing, a card with such picture to a person when
34 such person is homebound or is a resident of a residential health care
35 facility, or an in-patient psychiatric facility, or is expected to
36 remain hospitalized for an extended period. Where the applicant is
37 incarcerated by the department of corrections and community supervision
38 or in a local correctional facility as defined in section two of the
39 correction law, the appropriate social services official or the depart-
40 ment of health or its agent shall provide such identification card to
41 the department of corrections and community supervision or local correc-
42 tional facility for keeping with the incarcerated individual's records
43 until such individual is released. The commissioner shall have the
44 authority to define categories of recipients who are not required to
45 have a photo identification card where such card would be limited,
46 unnecessary or impracticable.
47 § 5. Paragraphs (e) and (f) of subdivision 9 of section 500-b of the
48 correction law, as amended by chapter 574 of the laws of 1985, are
49 amended to read as follows:
50 (e) court orders which have been issued and which relate to staffing,
51 jail capacity or security requirements; [and]
52 (f) the number of any individuals in the custody of each facility (1)
53 enrolled in medical assistance or other medical insurance programs at
54 the time of their incarceration; (2) enrolled into such programs during
55 their incarceration, including whether they were enrolled through social
A. 1008 4
1 services districts or the New York State of Health benefits exchange
2 portal; and
3 (g) any other information requested by the commission and available to
4 the chief administrative officer with respect to this section.
5 § 6. Section 45 of the correction law is amended by adding a new
6 subdivision 20 to read as follows:
7 20. Make an annual report, in consultation with the commissioner of
8 health, to the governor, the temporary president of the senate and the
9 speaker of the assembly containing information obtained from local
10 correctional facilities under paragraph (f) of subdivision nine of
11 section five hundred-b of this chapter regarding enrollment in the
12 medical assistance for needy persons program or other medical insurance
13 program of applicants in the custody of local correctional facilities.
14 The first report under this subdivision will be completed by December
15 thirty-first, two thousand twenty-six, and annually thereafter.
16 § 7. This act shall take effect on the one hundred eightieth day after
17 it shall have become a law; provided, however, that the amendments to
18 section 500-b of the correction law made by section five of this act
19 shall not affect the repeal of such section and shall be deemed repealed
20 therewith. Effective immediately, the commissioner of health, the
21 commissioner of corrections and community supervision, and the super-
22 intendents of local correctional facilities shall make regulations and
23 take other actions reasonably necessary to implement the provisions of
24 this act on its effective date.
