An Act To Clarify and Affirm Medicaid Eligibility for Incarcerated Individuals

Sec. 1. 22 MRSA §3174-CC,  as enacted by PL 2001, c. 659, Pt. B, §1, is repealed and the following enacted in its place:

§ 3174-CC.  Medicaid eligibility during incarceration

The department shall establish procedures to ensure that:

The provisions of this section apply even if Medicaid coverage is limited during the period of incarceration. The department shall provide Medicaid coverage for treatment received outside a correctional facility, including retroactive coverage, as long as, at the time treatment is provided, the incarcerated person is eligible for Medicaid. Nothing in this section requires or permits the department to maintain an incarcerated person's Medicaid eligibility if the person no longer meets eligibility requirements.

summary

This bill clarifies current law regarding Medicaid eligibility for incarcerated individuals to ensure that individuals who are eligible for Medicaid coverage are able to renew their coverage while they are incarcerated and also establishes a mechanism to ensure that individuals who are uninsured and eligible for Medicaid coverage are able to apply for coverage while they are incarcerated. The bill also requires the Department of Health and Human Services to provide Medicaid coverage for treatment received by an incarcerated person outside a correctional facility as long as, at the time treatment is provided, the person is eligible for Medicaid.