SF 3509

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/16/2024 09:16am

A bill for an act
relating to human services; establishing short-term medical assistance enrollment
assistance; establishing medical assistance coverage for prerelease care transition
services to incarcerated individuals; amending Minnesota Statutes 2022, sections
256B.055, subdivision 14; 256B.0625, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 256B.055, subdivision 14, is amended to read:

Subd. 14.

Persons detained by law.

(a) Medical assistance may be paid for an inmate
of a correctional facility who is conditionally released as authorized under section 241.26,
244.065, or 631.425, if the individual does not require the security of a public detention
facility and is housed in a halfway house or community correction center, or under house
arrest and monitored by electronic surveillance in a residence approved by the commissioner
of corrections, and if the individual meets the other eligibility requirements of this chapter.

(b) An individual who new text begin either new text end is enrolled in medical assistance, deleted text begin and who is deleted text end charged with
a crime and incarcerated deleted text begin for less than 12 months deleted text end new text begin , or becomes enrolled in medical assistance
while incarcerated new text end shall be suspended from eligibility deleted text begin at the time of incarceration deleted text end new text begin while
incarcerated new text end until the individual is released. new text begin The commissioner must provide outreach,
education, and enrollment support to each incarcerated individual who is not enrolled in
medical assistance. The commissioner must ensure that all incarcerated individuals who
are eligible for medical assistance are enrolled no later than 45 days prior to their expected
release. new text end Upon release, medical assistance eligibility is reinstated without reapplication using
a reinstatement process and form, if the individual is otherwise eligible.

(c) An individual, regardless of age, who is considered an inmate of a public institution
as defined in Code of Federal Regulations, title 42, section 435.1010, and who meets the
eligibility requirements in section 256B.056, is not eligible for medical assistance, except
for new text begin :
new text end

new text begin (1) new text end covered services received while an inpatient in a medical institution as defined in
Code of Federal Regulations, title 42, section 435.1010. Security issues, including costs,
related to the inpatient treatment of an inmate are the responsibility of the entity with
jurisdiction over the inmate new text begin ; and
new text end

new text begin (2) allowable care transition services for eligible incarcerated individuals covered under
section 256B.0625, subdivision 72, during the 30 days prior to the eligible incarcerated
person's expected release date new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 90 days following federal approval of
the commissioner of human services' Medicaid Reentry Section 1115 Demonstration
Opportunity waiver application. The commissioner shall notify the revisor of statutes when
federal approval is obtained.
new text end

Sec. 2.

Minnesota Statutes 2022, section 256B.0625, is amended by adding a subdivision
to read:

new text begin Subd. 72. new text end

new text begin Care transition services for incarcerated individuals. new text end

new text begin (a) Medical assistance
covers care transition services provided to eligible incarcerated individuals during the 30
days prior to the incarcerated individual's release date. An incarcerated individual is eligible
for care transition services if the incarcerated individual has a chronic physical or behavioral
health condition and would be at high risk of poor health outcomes and frequent emergency
department and inpatient hospital use following release if care transition services were not
available. An incarcerated individual is eligible whether or not the incarcerated individual
has been convicted.
new text end

new text begin (b) Care transition services covered under this subdivision include:
new text end

new text begin (1) comprehensive assessments of physical and behavioral health needs and health-related
social needs;
new text end

new text begin (2) screening and lab work for common health conditions and infectious diseases;
new text end

new text begin (3) prerelease treatment for infectious diseases;
new text end

new text begin (4) prerelease behavioral health and preventative services;
new text end

new text begin (5) medication-assisted treatment services for all types of substance use disorders as
clinically appropriate, with accompanying individually determined appropriate counseling
and behavioral therapies;
new text end

new text begin (6) case management, including determination of needed services, development of an
individualized and specific care plan, referral and appointment scheduling assistance to
providers of needed services, and monitoring and follow-up activities;
new text end

new text begin (7) a 30-day supply of all prescription medications that have been prescribed for the
beneficiary at the time of release, provided to the beneficiary immediately upon release
from the correctional facility; and
new text end

new text begin (8) family planning services and supplies for both men and women.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 90 days following federal approval of
the commissioner of human services' Medicaid Reentry Section 1115 Demonstration
Opportunity waiver application. The commissioner shall notify the revisor of statutes when
federal approval is obtained.
new text end

Sec. 3. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; MEDICAID
REENTRY SECTION 1115 DEMONSTRATION OPPORTUNITY WAIVER.
new text end

new text begin (a) The commissioner of human services shall apply to the secretary of health and human
services for a Medicaid Reentry Section 1115 Demonstration Opportunity waiver to provide
short term medical assistance enrollment assistance and prerelease coverage for care transition
services to incarcerated individuals who are soon to be released from incarceration, consistent
with the statutory directive in section 5032 of the Substance Use-Disorder Prevention that
Promotes Opioid Recovery and Treatment for Patients and Communities Act (Public Law
115-271) and federal guidance. The commissioner's application must request coverage for
at least the services under Minnesota Statutes, section 256B.0625, subdivision 72, for at
least 30 days prior to an eligible incarcerated individual's expected release date.
new text end

new text begin (b) When preparing the application for the Section 1115 Demonstration Opportunity
waiver, the commissioner of human services must consult with the commissioner of
corrections, sheriffs, lead agencies, and individuals with lived experience of incarceration.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end