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Minnesota Legislature

Office of the Revisor of Statutes

SF 1844

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

1.1A resolution
1.2memorializing Congress to enact legislation to extend federal entitlement eligibility to
1.3unadjudicated individuals held in local facilities.
1.4WHEREAS, United States Code of Federal Regulations, title 42, part 435.1008, states that
1.5federal financial participation (FFP) is not available in expenditures for services provided to
1.6individuals who are inmates of public institutions; and
1.7WHEREAS, because states are unable to assume the federal share of providing medical
1.8services to FFP-eligible persons being held in county jails and detention facilities, and therefore
1.9terminate or sometimes suspend medical and disability benefit eligibility; and
1.10WHEREAS, the cessation of benefits occurs prior to the issuance of formal charges,
1.11adjudication, and conviction; and
1.12WHEREAS, counties must provide medical services to all persons incarcerated in local
1.13jails and detention facilities; and
1.14WHEREAS, as a result of the federal regulation to immediately cease FFP for medical and
1.15disability benefits upon apprehension, all costs of inmate medical care must be borne solely by
1.16counties until the benefits are fully restored; NOW, THEREFORE,
1.17BE IT RESOLVED by the Legislature of the State of Minnesota that it urges the Congress
1.18of the United States to take necessary action to enact federal legislation to amend the regulations
1.19to allow federal financial participation for medical and disability benefits to incarcerated
1.20individuals until convicted and sentenced to secure detention.
2.1BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is
2.2directed to prepare copies of this memorial and transmit them to the President of the United States,
2.3the President and the Secretary of the United States Senate, the Speaker and the Clerk of the United
2.4States House of Representatives, and Minnesota's Senators and Representatives in Congress.