S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        1797--A

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 12, 2011
                                      ___________

       Introduced  by M. of A. AUBRY -- read once and referred to the Committee
         on Correction -- committee discharged, bill amended, ordered reprinted
         as amended and recommitted to said committee

       AN ACT to amend the correction law  and  the  social  services  law,  in
         relation to requiring the filing of an application for medical assist-
         ance for each inmate confined in a state correctional facility

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The correction law is amended by adding a new  section  144
    2  to read as follows:
    3    S  144.  FILING OF MEDICAL ASSISTANCE APPLICATIONS. THE SUPERINTENDENT
    4  OF EACH CORRECTIONAL FACILITY  SHALL  ENSURE  THAT  AN  APPLICATION  FOR
    5  MEDICAL  ASSISTANCE,  PURSUANT  TO  TITLE  ELEVEN OF ARTICLE FIVE OF THE
    6  SOCIAL SERVICES LAW, IS FILED FOR EACH INMATE ELIGIBLE FOR SUCH  ASSIST-
    7  ANCE AND CONFINED IN SUCH FACILITY, WITH THE STATEWIDE ENROLLMENT CENTER
    8  ESTABLISHED BY CONTRACT WITH THE DEPARTMENT OF HEALTH PURSUANT TO SUBDI-
    9  VISION  TWENTY-FOUR  OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW
   10  IN SUFFICIENT TIME BEFORE THE ANTICIPATED RELEASE,  CONDITIONAL  RELEASE
   11  OR  DISCHARGE  OF THE ELIGIBLE INMATE TO PERMIT THE ENROLLMENT CENTER TO
   12  PROCESS THE APPLICATION PRIOR TO SUCH INMATE'S RELEASE FROM CUSTODY.
   13    S 2. Subdivision 2 of section 366-a of  the  social  services  law  is
   14  amended by adding a new paragraph (e) to read as follows:
   15    (E)  UPON  RECEIPT OF AN APPLICATION FILED FOR AN INMATE CONFINED IN A
   16  STATE CORRECTIONAL FACILITY PURSUANT TO SECTION ONE  HUNDRED  FORTY-FOUR
   17  OF  THE  CORRECTION  LAW,  THE  CENTRALIZED  STATEWIDE ENROLLMENT CENTER
   18  ESTABLISHED BY CONTRACT WITH THE DEPARTMENT OF HEALTH PURSUANT TO SUBDI-
   19  VISION TWENTY-FOUR OF SECTION TWO HUNDRED SIX OF THE PUBLIC  HEALTH  LAW
   20  SHALL  DETERMINE  THE  ELIGIBILITY  OF SUCH INMATE FOR ENROLLMENT IN THE
   21  MEDICAL ASSISTANCE PROGRAM ESTABLISHED UNDER THIS TITLE.  SUCH  DETERMI-
   22  NATION  SHALL  BE  BASED  ON  WHETHER  THE INMATE, EXCEPT FOR HIS OR HER
   23  STATUS AS AN INMATE, WOULD BE ELIGIBLE TO  RECEIVE  MEDICAL  ASSISTANCE.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04687-02-1

 A. 1797--A                          2

    1  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF LAW, ENROLLMENT IN THE
    2  MEDICAL ASSISTANCE PROGRAM SHALL BE EFFECTIVE ON THE  DATE  AN  ELIGIBLE
    3  INMATE IS RELEASED, CONDITIONALLY RELEASED OR DISCHARGED FROM CUSTODY IN
    4  A DEPARTMENT FACILITY TO THE COMMUNITY. THE COMMISSIONER AND THE COMMIS-
    5  SIONER  OF THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
    6  SHALL DETERMINE THE PROCESS FOR ISSUING THE MEDICAL ASSISTANCE IDENTIFI-
    7  CATION CARD SO THAT THE APPLICANT WILL RECEIVE APPROPRIATE DOCUMENTATION
    8  OF HIS OR HER ELIGIBILITY FOR MEDICAL ASSISTANCE EITHER UPON RELEASE  OR
    9  AS SOON THEREAFTER AS PRACTICABLE.
   10    S  3.  This  act shall take effect on the thirtieth day after it shall
   11  have become a law.