SENATE HEALTH, HUMAN SERVICES AND SENIOR CITIZENS COMMITTEE

STATEMENT TO

SENATE, No. 369

STATE OF NEW JERSEY

DATED:  JANUARY 27, 2020

      The Senate Health, Human Services and Senior Citizens Committee reports favorably Senate Bill No. 369.

      This bill implements certain recommendations included in the 2019 New Jersey Reentry Services Commission Report entitled “Barriers, Best Practices, and Action Items for Improving Reentry Services.”

      Specifically, the bill directs the Commissioner of Corrections, in collaboration with the Commissioner of Human Services, county welfare agencies, and the county administrators of the county correctional facilities, to ensure that an inmate of a State prison or county correctional facility has the opportunity to participate in:

      (1)   a peer-led Medicaid pre-enrollment session at least 60 days prior to the release from the State prison or county correctional facility.  The session is required to include, at a minimum, information regarding the benefits of Medicaid, the application process, and pertinent differences between the managed care plans available under the program; and

      (2)   an enrollment session no more than five calendar days following the peer-led Medicaid pre-enrollment session.  During the session, county welfare agency staff or designated State prison or county correctional facility personnel, who have received training from the Department of Human Services regarding the screening and enrollment process for Medicaid, are required to provide the inmate with assistance, either in person or via telephone, in completing a Medicaid application. 

      The Commissioner of Corrections, in collaboration with the Commissioner of Human Services, county welfare agencies, and the county administrators of the county correctional facilities, is also required to establish a process by which the Department of Human Services or another Medicaid eligibility determination agency notifies an inmate, who completes a Medicaid application during a Medicaid enrollment session, of the inmate’s eligibility determination prior to release from the State prison or county correctional facility and, if applicable, provides the inmate with a Medicaid identification card at the time of release from the State prison or county correctional facility.  

      Although federal Medicaid law, particularly 42 U.S.C. s.1396d(a), prohibits coverage to incarcerated individuals (except as patients in a medical institution), the federal law does not prevent the enrollment of those individuals who are otherwise qualified for coverage, which can thereafter take effect upon the individual’s release from incarceration.

      This bill was pre-filed for introduction in the 2020-2021 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.