Bill Text: NY A10152 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to eligibility for medical assistance.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2022-06-30 - signed chap.293 [A10152 Detail]

Download: New_York-2021-A10152-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10152

                   IN ASSEMBLY

                                       May 4, 2022
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Fernandez)
          -- (at request of the Department of Health) -- read once and  referred
          to the Committee on Health

        AN  ACT to amend the social services law, in relation to eligibility for
          medical assistance

          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 amended by chapter 322 of the laws of 2021, is  amended  to  read  as
     3  follows:
     4    1-a.  Notwithstanding  any other provision of law, in the event that a
     5  person who is an incarcerated individual of a state or local correction-
     6  al facility, as defined in section two of  the  correction  law,  or  an
     7  eligible  juvenile  inmate  of  a  public  institution,  as  defined  in
     8  subsection (nn) of section nineteen hundred two of the  social  security
     9  act,  was  in receipt of medical assistance pursuant to this title imme-
    10  diately prior to being admitted to such facility or public  institution,
    11  or  for  juveniles determined eligible for such medical assistance while
    12  an inmate of a public institution, such person shall remain eligible for
    13  medical assistance while an  incarcerated  individual,  except  that  no
    14  medical  assistance  shall  be  furnished pursuant to this title for any
    15  care, services, or supplies provided during such time as the  person  is
    16  an incarcerated individual; provided, however, that nothing herein shall
    17  be  deemed  as  preventing the provision of medical assistance for inpa-
    18  tient hospital services furnished to an  incarcerated  individual  at  a
    19  hospital outside of the premises of such correctional facility or public
    20  institution,  or  pursuant  to  other  federal authority authorizing the
    21  provision of medical assistance to an incarcerated individual of a state
    22  or local correctional facility during the thirty days prior to  release,
    23  to  the extent that federal financial participation is available for the
    24  costs of such services. Upon release from such facility or public insti-
    25  tution, such person shall continue to be eligible for receipt of medical
    26  assistance furnished pursuant to this  title  until  such  time  as  the
    27  person  is  determined  to  no  longer  be  eligible for receipt of such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13805-01-2
        A. 10152                            2

     1  assistance. To the extent permitted by  federal  law,  the  time  during
     2  which such person is an incarcerated individual shall not be included in
     3  any calculation of when the person must recertify his or her eligibility
     4  for  medical  assistance  in accordance with this article. The state may
     5  seek federal authority to provide medical  assistance  for  transitional
     6  services  including  but  not limited to medical, prescription, and care
     7  coordination services for high needs incarcerated individuals  in  state
     8  and  local  correctional  facilities  during  the  thirty  days prior to
     9  release.
    10    § 2. This act shall take effect January 1, 2023.