Bill Text: NY S08978 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to eligibility for medical assistance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-06-01 - SUBSTITUTED BY A10152 [S08978 Detail]

Download: New_York-2021-S08978-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8978

                    IN SENATE

                                       May 3, 2022
                                       ___________

        Introduced by Sen. RIVERA -- (at request of the Department of Health) --
          read  twice  and  ordered printed, and when printed to be committed 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
        S. 8978                             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.