New York S 5562: Provides for presumptive eligibility for medical assistance benefits of individuals leaving incarceration

Bill Text

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S05562 Summary:

BILL NOS05562 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORRIVERA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §364-i, Soc Serv L; amd §§500-b & 45, Cor L

&nbsp

Provides presumptive eligibility for medical assistance benefits for individuals released from correctional facilities for at least sixty days following release.

Go to top S05562 Actions:

BILL NOS05562 

&nbsp

02/25/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS05562 Committee&nbspVotes:

Go to topS05562 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05562 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5562

 2025-2026 Regular Sessions

 IN SENATE

 February 25, 2025
 ___________

 Introduced by Sen. RIVERA -- read twice and ordered printed, and when
 printed to be committed 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 incarceration, where the department of corrections
 8 and community supervision or the local correctional facility determines,
 9 on the basis of preliminary information, that the individual is eligible
 10 for coverage under paragraph (b) or (c) of subdivision one of section
 11 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-
 23 priate amendments to the state plan under title XIX of the federal
 24 social security act.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00018-04-5

 S. 5562 2

 1 (e) The commissioner of health shall, in consultation with the depart-
 2 ment of corrections and community supervision, the office of temporary
 3 and disability assistance, the office of mental health, the office of
 4 addiction services and supports and any other entity or individuals that
 5 such commissioner shall deem necessary, which shall include represen-
 6 tatives from local governments, formerly incarcerated individuals, and
 7 representatives of programs providing services to currently or formerly
 8 incarcerated individuals, develop processes for enrolling all individ-
 9 uals incarcerated in state and local correctional facilities into the
 10 medical assistance program under this subdivision or any other health
 11 insurance program for which they are eligible, and ensure that all indi-
 12 viduals are able to utilize the medical assistance program or other
 13 insurance program to begin receiving medical services immediately upon
 14 their release from incarceration. The commissioner of health shall also
 15 develop processes for assisting all local correctional facilities in
 16 making determinations of presumptive eligibility for medical assistance
 17 under this subdivision, including engaging local governments as neces-
 18 sary for this purpose. The commissioner of health shall also develop
 19 materials and information for educating individuals h