140-A - Pilot project for filing medical assistance applications for inmates prior to their release.
* § 140-a. Pilot project for filing medical assistance applications for inmates prior to their release. 1. Subject to the availability of an appropriation of no less than two hundred thousand dollars, the commissioner, after consultation with the chairman of the division of parole, the commissioner of the department of health, and the commissioner of the office of temporary and disability assistance, shall establish a pilot program at a designated correctional facility for the purpose of filing applications for enrollment in the medical assistance program established under title eleven of article five of the social services law for eligible inmates prior to their release to the community; provided, however, that the commissioner shall not establish such pilot program at the Orleans correctional facility. For purposes of this pilot program, eligible inmates shall not include any inmates who were receiving such medical assistance immediately prior to their commitment to the department and whose medical assistance was thereafter suspended pursuant to the provisions of subdivision one-a of section three hundred sixty-six of the social services law. 2. In determining the facility where the pilot program shall be established, the commissioner shall give due consideration to the following factors, which shall include, but not be limited to: (i) the degree to which pre-release services and re-entry services are either already available at such facility or can be made readily available at such facility; (ii) the proximity of the facility to the communities to which the eligible inmates will be released; (iii) the availability of community linkages which would facilitate the preparation and submission of such medical assistance applications for eligible inmates; and (iv) the recommendations of the commissioner of the office of temporary and disability assistance, the commissioner of the department of health and the chairman of the division of parole. 3. The commissioner may use the appropriation for this pilot program to establish one or more department positions to perform any responsibilities which may arise in connection with the preparation and submission of such medical assistance applications. The commissioner may also use the appropriation to enter into any contract with one or more outside individuals or entities to provide any services that may be needed in connection with this pilot program. Further, all or a portion of the funds appropriated for the pilot program may be transferred to another state agency in order to establish positions to perform any responsibilities which may be necessary to operate the pilot program. 4. Applications for medical assistance shall be submitted to the statewide enrollment center established by contract with the department of health pursuant to subdivision twenty-four of section two hundred six of the public health law in sufficient time before the anticipated release, conditional release or discharge of the eligible inmate to permit the enrollment center to process the application prior to such inmate's release from the custody; provided, however, that where the eligible inmate will be released to the same county where the pilot program is established, the application for medical assistance may be filed with the local county department of social services. 5. Upon receipt of an application filed pursuant to this section, the centralized statewide enrollment center shall determine the eligibility of such inmate for enrollment in the medical assistance program established under title eleven of article five of the social services law. Such determination shall be based on whether the inmate, except for his or her status as an inmate, would be eligible to receive medical assistance. Notwithstanding any inconsistent provision of law, enrollment in the medical assistance program shall be effective on the date an eligible inmate is released, conditionally released ordischarged from custody in a department facility to the community. The commissioner, the commissioner of the state department of health and the chairman of the state division of parole shall determine the process for issuing the medical assistance identification card so that the applicant will receive appropriate documentation of his/her eligibility of medical assistance either upon release or as soon thereafter as practicable. 6. After the pilot program becomes operational, the commissioner shall periodically monitor all indicators related to the preparation and processing of inmate applications which shall include, but not be limited to: (i) the degree to which all of the requisite information for an application can be obtained while the inmate is incarcerated by the department; (ii) the average processing times to prepare and complete applications; (iii) the most effective manner for the transmittal of a completed application for an eligibility determination; (iv) the average amount of time required before an eligibility determination can be completed and the necessary medical assistance eligibility card is provided to the eligible individual; and (v) the identification of issues and factors which may prevent, impede, or delay the preparation and submission of applications, which could be ameliorated by modifications to existing laws, rules and regulations, or policies and procedures. 7. After the pilot program has been operational for a period of twelve months, or sooner if determined to be appropriate by the commissioner, a report shall be prepared by the commissioner and submitted to the governor, the temporary president of the senate and the speaker of the assembly on the factors listed in subdivision six of this section. Such report shall also include any recommendations for additional legislative enactments that may be needed, or new appropriations that may be required, to improve, enhance and subsequently expand the program to other correctional facilities as determined to be appropriate by the commissioner, with the ultimate goal to assist as many inmates as feasible to submit applications for medical assistance prior to their release to the community. 8. The division of parole shall assist the department in any manner necessary to assure that the purposes and objective of this section are effectively accomplished. 9. The commissioner and the commissioner of the department of health may promulgate rules and regulations necessary for the uniform and timely preparation, submission, acceptance and processing of applications by eligible inmates prior to their release from custody. *NB Repealed April 1, 2012