SENATE BILL 42

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Gerald Ortiz y Pino

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

AND THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO PUBLIC ASSISTANCE; REQUIRING THE HUMAN SERVICES DEPARTMENT TO PROVIDE FOR CONTINUED MEDICAID ENROLLMENT FOR ELIGIBLE INCARCERATED INDIVIDUALS WHO WERE ENROLLED IN MEDICAID UPON INCARCERATION AND NEW ENROLLMENT IN MEDICAID FOR INDIVIDUALS RELEASED FROM INCARCERATION.

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

     SECTION 1. [NEW MATERIAL] INCARCERATED INDIVIDUALS--MEDICAID ENROLLMENT--ENROLLMENT ASSISTANCE.--

          A. The secretary of human services shall adopt and promulgate rules to provide that an incarcerated individual who was enrolled in medicaid until the date of incarceration shall remain enrolled in medicaid and shall not be terminated from enrollment in medicaid upon incarceration and that:

                (1) during the time the incarcerated individual is incarcerated, reimbursement shall not be made for a claim submitted for payment on behalf of the incarcerated individual, except a claim for which federal medical assistance percentage reimbursement is available, including inpatient services furnished at a health care facility outside the premises of incarceration; and

                (2) upon release from incarceration, the formerly incarcerated individual shall remain enrolled in medicaid until the individual is determined to be ineligible for medicaid as provided by federal law on grounds other than incarceration.

          B. The secretary of human services shall adopt and promulgate rules to provide that an incarcerated individual who was not enrolled in medicaid upon the date that the individual became incarcerated shall be permitted to submit an application for medicaid enrollment during the incarcerated individual's period of incarceration. To execute the provisions of this subsection, the human services department shall create a process for assisting incarcerated individuals with applying to enroll in medicaid in a manner consistent with federal requirements. The human services department shall:

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

                (2) provide assistance to incarcerated individuals who apply to enroll in medicaid and who request assistance. This assistance shall include:

                     (a) providing incarcerated individuals with application forms;

                     (b) obtaining medical information, proof of eligibility and other information required to support an application for enrollment in medicaid; and

                     (c) completing and submitting medicaid applications;

                (3) provide assistance to incarcerated individuals in completing periodic verification of eligibility for enrollment in medicaid. This assistance shall include:

                     (a) providing incarcerated individuals with the forms necessary for eligibility verification;

                     (b) obtaining medical information, proof of eligibility and other information required to support a periodic verification of eligibility for enrollment in medicaid; and

                     (c) completing and submitting a periodic verification of eligibility for enrollment in medicaid;

                (4) ensure that an incarcerated individual who wishes to receive an assessment of eligibility for enrollment in medicaid receives that assessment before the incarcerated individual is released from custody. This process shall be initiated:

                     (a) immediately after the release date becomes known to the incarceration facility when the incarcerated individual's period of incarceration is projected upon incarceration to be at least thirty days; or

                     (b) immediately upon incarceration when the incarcerated individual's period of incarceration is projected upon incarceration to be less than thirty days;

                (5) ascertain upon the incarceration of an individual whether the incarcerated individual was enrolled in medicaid until the date of incarceration and, if so, assist that individual in notifying the human services department to ensure that the individual receives all correspondence that the human services department transmits to the incarcerated individual during the individual's incarceration; and

                (6) ensure that any incarcerated individual assisted pursuant to this section receives any notification or correspondence that the human services department transmits to the incarcerated individual during the individual's incarceration.

          C. The fact that an individual who submits an application for enrollment in medicaid is incarcerated shall not be grounds for the human services department to refuse to process an application for medicaid enrollment that the incarcerated individual submits in a manner otherwise in accordance with state law and the rules of the human services department.

          D. The provisions of this section shall not be construed to abrogate:

                (1) any deadline that governs the processing of applications for enrollment in medicaid pursuant to existing federal or state law; or

                (2) requirements under federal or state law that the human services department be notified of changes in income or residency.

          E. The secretary of human services shall collaborate and cooperate with the corrections department, the children, youth and families department and the administrators of each of the correctional facilities in the state to carry out the provisions of this act.

          F. 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 or guardian of the individual, who is confined in any of the following correctional facilities:

                     (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 a 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 that 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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