State Codes and Statutes

Statutes > New-york > Cor > Article-6 > 140-a

* §  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

State Codes and Statutes

Statutes > New-york > Cor > Article-6 > 140-a

* §  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

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cor > Article-6 > 140-a

* §  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