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