SENATE BILL 65

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Gerald Ortiz y Pino

AN ACT

RELATING TO PUBLIC ASSISTANCE; REQUIRING THE HUMAN SERVICES DEPARTMENT TO PROVIDE PRE-RELEASE MEDICAID ELIGIBILITY ASSESSMENTS AND APPLICATIONS TO INCARCERATED INDIVIDUALS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. PRE-RELEASE MEDICAID ELIGIBILITY ASSESSMENT--POST-RELEASE ENROLLMENT.--

          A. The human services department shall coordinate with the corrections department, the children, youth and families department and prison and delinquency facility administrators to:

                (1) ensure that any incarcerated individual who wishes to receive an assessment of the individual's post-release medicaid eligibility receives an assessment before the incarcerated individual is released from custody;

                (2) ensure that every incarcerated individual is informed of the individual's right to apply for medicaid and, upon the individual's request, is provided an application for medicaid; and

                (3) for an incarcerated individual who applies for medicaid, provide assistance throughout the medicaid application process. The assistance shall include the distribution of application forms, assistance with securing medical and other information required to support an application and assistance with completing and submitting a medicaid application.

          B. As used in this section:

                (1) "incarcerated individual" means an individual; the legal guardian or conservator of an individual; or, for an individual who is an unemancipated minor, the parent of the individual, who is confined in:

                     (a) a state correctional facility;

                     (b) a privately operated correctional facility;

                     (c) a county jail;

                     (d) a municipal jail;

                     (e) a privately operated jail;

                     (f) a detention facility that is operated under the authority of the children, youth and families department and that holds the individual pending court hearing; or

                     (g) a facility that is operated under the authority of the children, youth and families department and that provides for the care and rehabilitation of an individual who is under eighteen years of age and who has committed an act that would be designated as a crime under the law if committed by an individual who is eighteen years of age or older;

                (2) "medicaid" means the joint federal-state health coverage program pursuant to Title 19 or Title 21 of the federal Social Security Act and rules promulgated pursuant to the Social Security Act; and

                (3) "unemancipated minor" means an individual who is under eighteen years of age and who:

                     (a) is not on active duty in the armed forces; and

                     (b) has not been declared by court order to be emancipated.

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