Bill Text: NY A06439 | 2009-2010 | General Assembly | Introduced
Bill Title: Creates a pilot project for filing medical assistance applications for inmates in specialized "reentry" units prior to release; provides that inmates determined to be eligible for medical assistance would be enrolled in Medicaid upon release from custody.
Spectrum: Partisan Bill (Democrat 32-0)
Status: (Introduced - Dead) 2010-01-06 - referred to correction [A06439 Detail]
Download: New_York-2009-A06439-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6439
2009-2010 Regular Sessions
I N A S S E M B L Y
March 4, 2009
___________
Introduced by M. of A. AUBRY, BENJAMIN, ORTIZ, GREENE, GOTTFRIED,
JEFFRIES, CARROZZA, SCHROEDER, MILLMAN, CLARK, LANCMAN, PERALTA,
TITONE, WRIGHT, ESPAILLAT, COLTON -- Multi-Sponsored by -- M. of A.
BRENNAN, COOK, DIAZ, GLICK, JACOBS, JOHN, KELLNER, MAISEL, McENENY,
PHEFFER, REILLY, ROBINSON, SCARBOROUGH, WEISENBERG, ZEBROWSKI -- read
once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to creating a pilot
project for filing medical assistance applications for inmates prior
to their release and providing for the repeal of such provisions upon
expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. The legislature hereby finds that
2 inmates face significant health issues and suffer from relatively high
3 rates of infectious diseases, mental illness, chronic drug and alcohol
4 addictions, and other conditions such as diabetes, asthma and hyperten-
5 sion. Research has shown that individuals who are enrolled in Medicaid
6 upon release from incarceration, and therefore have access to medical
7 and mental health care and drug treatment, are less likely to be rear-
8 rested and to engage in unhealthy behaviors. Additionally, multiple
9 studies have shown that providing adequate medical assistance to persons
10 returning from incarceration produces considerable fiscal savings by
11 reducing costs associated with drug use and related crime and fighting
12 the spread of communicable diseases like HIV and hepatitis.
13 Therefore, the legislature finds that ensuring access to Medicaid
14 benefits for persons immediately upon their release from incarceration
15 is essential to ensure adequate medical care, drug treatment and mental
16 health services.
17 In 2007, New York law was changed to allow for the suspension rather
18 than termination of Medicaid eligibility upon incarceration. As a
19 result, inmates who are enrolled in Medicaid immediately before admis-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07935-01-9
A. 6439 2
1 sion to the correctional system have their Medicaid benefits suspended
2 rather than terminated and therefore have access to Medicaid coverage
3 upon release. It is estimated that twenty to thirty percent of inmates
4 have Medicaid coverage immediately before their admission to prison.
5 Nonetheless, many inmates who are not enrolled in Medicaid when they
6 enter prison will require Medicaid coverage upon release.
7 The legislature finds that the most efficient way to facilitate Medi-
8 caid coverage for eligible inmates upon release from prison is to
9 require trained correctional staff to file medical assistance applica-
10 tions on behalf of inmates before their release to ensure that Medicaid
11 benefits are available on the day of release. The department of correc-
12 tional services is in the process of establishing specialized "re-entry
13 units" to assist inmates with their transition to the community. The
14 department has indicated that inmates will be sent to such units at
15 least ninety days before their anticipated release and receive various
16 re-entry related services including mentoring training, substance abuse
17 treatment, job training and job placement counseling, family support,
18 and educational programming.
19 Therefore, the legislature finds that these "re-entry units" are the
20 ideal setting to institute a pilot project to ensure that inmates
21 released from such units have access to Medicaid coverage at the moment
22 of release from prison. The legislature further finds that such applica-
23 tions for medical assistance filed on behalf of inmates should be
24 submitted directly to and processed by the New York state department of
25 health in order to expedite the process and ensure coverage upon
26 release.
27 S 2. The correction law is amended by adding a new section 144 to read
28 as follows:
29 S 144. PILOT PROJECT FOR FILING MEDICAL ASSISTANCE APPLICATIONS FOR
30 INMATES PRIOR TO THEIR RELEASE. 1. THE COMMISSIONER SHALL DESIGNATE
31 STAFF AT EACH STATE CORRECTIONAL FACILITY, OR PART OF A STATE CORREC-
32 TIONAL FACILITY, OPERATING AS A RE-ENTRY UNIT, TO PREPARE AND SUBMIT
33 APPLICATIONS FOR MEDICAL ASSISTANCE ESTABLISHED UNDER TITLE ELEVEN OF
34 ARTICLE FIVE OF THE SOCIAL SERVICES LAW, ON BEHALF OF EACH INMATE WHO
35 WAS NOT RECEIVING SUCH MEDICAL ASSISTANCE IMMEDIATELY BEFORE BEING
36 ADMITTED TO THE CUSTODY OF THE DEPARTMENT. SUCH APPLICATIONS SHALL BE
37 SUBMITTED TO THE COMMISSIONER OF HEALTH PURSUANT TO SUBDIVISION TWENTY-
38 FOUR OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW AT LEAST
39 FORTY-FIVE DAYS BEFORE THE ANTICIPATED RELEASE, CONDITIONAL RELEASE OR
40 DISCHARGE OF SUCH INMATES.
41 2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, UPON RECEIPT OF
42 AN APPLICATION FOR MEDICAL ASSISTANCE FOR AN INMATE PURSUANT TO SUBDIVI-
43 SION ONE OF THIS SECTION, THE COMMISSIONER OF HEALTH SHALL DETERMINE THE
44 ELIGIBILITY OF SUCH INMATE FOR ENROLLMENT IN THE MEDICAL ASSISTANCE
45 PROGRAM ESTABLISHED UNDER TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL
46 SERVICES LAW OR THE FAMILY HEALTH PLUS PROGRAM ESTABLISHED UNDER TITLE
47 ELEVEN-D OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW. SUCH DETERMINATION
48 SHALL BE BASED ON WHETHER THE INMATE, EXCEPT FOR HIS OR HER STATUS AS AN
49 INMATE, WOULD BE ELIGIBLE TO RECEIVE MEDICAL ASSISTANCE. ENROLLMENT IN
50 THE MEDICAL ASSISTANCE PROGRAM SHALL BE EFFECTIVE ON THE DATE AN ELIGI-
51 BLE INMATE IS RELEASED, CONDITIONALLY RELEASED OR DISCHARGED FROM THE
52 DEPARTMENT AND THE MEDICAL ASSISTANCE IDENTIFICATION CARD SHALL BE
53 PROVIDED TO THE INMATE UPON HIS OR HER RELEASE, CONDITIONAL RELEASE OR
54 DISCHARGE FROM THE DEPARTMENT.
A. 6439 3
1 3. THE DIVISION OF PAROLE SHALL ASSIST THE DEPARTMENT IN ANY MANNER
2 NECESSARY TO ASSURE THAT THE PURPOSES AND OBJECTIVES OF THIS SECTION ARE
3 EFFECTIVELY ACCOMPLISHED.
4 4. FOR THE PURPOSES OF THIS SECTION, "RE-ENTRY UNIT" MEANS A PROGRAM
5 ESTABLISHED IN A CORRECTIONAL FACILITY, OR PART OF A CORRECTIONAL
6 FACILITY, OPERATED AS A JOINT EFFORT BY THE DEPARTMENT AND THE DIVISION
7 OF PAROLE FOR THE PURPOSE OF TRANSFERRING INMATES TO SUCH UNIT SHORTLY
8 BEFORE THEIR ANTICIPATED RELEASE FROM THE DEPARTMENT TO PROVIDE SUCH
9 INMATES WITH PROGRAMS, TREATMENT AND SERVICES TO ASSIST WITH THEIR TRAN-
10 SITION TO THE COMMUNITY UPON RELEASE, PROVIDED THAT THIS SECTION SHALL
11 NOT APPLY TO A RE-ENTRY UNIT ESTABLISHED AT THE ORLEANS CORRECTIONAL
12 FACILITY.
13 S 3. This act shall take effect on the one hundred eightieth day after
14 it shall have become a law and shall expire and be deemed repealed April
15 1, 2012.
