NY S04906

Individuals released from state or local correctional facilities are presumed eligible for Medicaid beginning on their release date if preliminary information indicates they meet eligibility criteria under Social Services Law § 366.

Presumptive eligibility continues for 60 days after release or until formal eligibility is determined, whichever is earlier.

Department of Corrections and local correctional facility superintendents must enroll eligible incarcerated individuals into Medicaid prior to release, unless they were already enrolled, are ineligible, or decline enrollment.

Correctional facilities must assist individuals in completing Medicaid applications and preliminary eligibility information before release, and help ineligible individuals apply for other available medical insurance programs.

Department of Corrections must submit annual reports starting December 31, 2026, detailing how many individuals in local correctional facilities were enrolled in Medicaid or other medical insurance programs at intake and during incarceration.