AB 358 — Enacts provisions to improve access to Medicaid for persons released from incarceration. (BDR 38-919)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on May 19, 2021) FIRST REPRINT A.B.

358358–Assemblyman ASSEMBLYFrierson BILLNCHAPTER.......... O.

358–A SSEMBLYMAN F RIERSON M ARCH 22, 2021 ____________ Referred to Committee on Health and Human Services SUMMARY—Enacts provisions to improve access to Medicaid for persons released from incarceration.

(BDR 38-919) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law requires the Director of the Department of Corrections to complete the application to enroll an offender in Medicaid upon release if the offender is requirement by requiring the Director to complete such an application as soon as this practicable after the offender is authorized to enroll in Medicaid pursuant to section 1 if the offender may be eligible for Medicaid upon release.

- *AB358_R1* – 2 – Section 3.5 of this bill makes an appropriation to the Department of Corrections for personnel and other costs related to assisting offenders with eligibility assessments and applications for enrollment in Medicaid.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- 81st Session (2021) – 2 – (a) Suspend, rather than terminate, the eligibility for Medicaid of a person who is incarcerated for the amount of time authorized by regulation pursuant to subsection 2;

(b) Authorize a person who is incarcerated and was not eligible for Medicaid before being incarcerated or whose eligibility for Medicaid has been terminated to apply up to 6 months beforebeforeility his or her scheduled release for enrollment in Medicaid immediately upon release;

As soon as practicable after an offender is authorized to apply for enrollment in Medicaid pursuant to section 1 of this act, the Director shall complete the paperwork for the application if thethe3.ffeNot later than 3 months before an offender mayis projected to be released from prison by expiration of his or her term of sentence, by pardon or parole, the Director may, if space is available, provide an eligible offender with one or more evidence-based or promising practice reentry programs to obtain employment, including, without limitation, any programs which may provide bonding for Medicaidan uponoffender release.entering the workplace and any organizations which may provide employment or bonding assistance to such a person.

3.

Not later than 3 months before an offender is projected to be released from prison by expiration of his or her term of sentence, by pardon or parole, the Director may, if space is available, provide an eligible offender with one or more evidence-based or promising practice reentry programs to obtain employment, including, without limitation, any programs which may provide bonding for an - *AB358_R1* – 3 – offender entering the workplace and any organizations which may provide employment or bonding assistance to such a person.

(c)- Shall81st requireSession the(2021) offender– to3 sign– an acknowledgment of the notice required in paragraph (b);

to sign an acknowledgment of the (d) Shall give the offender notice of the provisions of NRS 179.245 and the provisions of NRS 213.090, 213.155 or 213.157, as applicable;

(g) Shall provide the offender with the cost of transportation to his or her place of residence anywhere within the continental United States, or to the place of his or her conviction;

The Director shall not provide an offender with a photo identification card pursuant to paragraph (e) of subsection [3] 4 unless the photo identification card clearly indicates whether the Director:Dir(a) Has verified the full legal name and age of the offender by obtaining an original or certified copy of the documents required by the Department of Motor Vehicles pursuant to NRS 483.290 or 483.860, as applicable, furnished as proof of the full legal name and age of an applicant for a driver’s license or identification card;

(a) Has verified the full legal name and age of the offender by obtaining an original or certified copy of the documents required by - *AB358_R1* – 4 – the Department of Motor Vehicles pursuant to NRS 483.290 or 483.860, as applicable, furnished as proof of the full legal name and age of an applicant for a driver’s license or identification card;

The costs authorized or required in paragraphs (a), (e), (f), (g), (i) and (k) of subsection [3] 4 must be paid out of the - 81st Session (2021) – 4 – appropriate account within the State General Fund for the use of the Department as other claims against the State are paid to the extent that the costs have not been paid in accordance with subsection 5 of NRS 209.221 and NRS 209.246.

[6.]Community 7.Re-Entry Task Force established by the Governorvada pursuant to executive order, or its successor body, if any, to align statewide strategies for the reentry of offenders into the community and the implementation of those strategies.

The Director is encouraged to work with the Nevada Community Re-Entry Task Force established by the Governor pursuant to executive order, or its successor body, if any, to align statewide strategies for the reentry of offenders into the community and the implementation of those strategies.

(d) “Promising practice reentry program” means a reentry program that has strong quantitative and qualitative data showing positive outcomes, but does not have sufficient research or replicationrepSec. to support recognition as an evidence-based practice.

Sec.3.n tNRS 232.320 is hereby amended to read as follows:ce.

3.

NRS 232.320 is hereby amended to read as follows:

- *AB358_R1* – 5 – (3) The Administrator of the Division of Child and Family Services;

- 81st Session (2021) – 5 – (b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.

(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government,governm(4) Identify the Statesources of funding for services provided by the Department and the Federalallocation Government;of that funding;

(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

- *AB358_R1* – 6 – (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the - 81st Session (2021) – 6 – Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

For the Fiscal Year 2021-2022..................................$380,177 For the Fiscal Year 2022-2023..................................$477,169 2.

AnyFAny balance of the sums appropriated by subsection 11..........$477,169 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.

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