SENATE BILL REPORT
SHB 1348
As of March 9, 2021
Title: An act relating to the provision of medical assistance to incarcerated persons.
Brief Description: Providing medical assistance to incarcerated persons.
Sponsors: House Committee on Health Care & Wellness (originally sponsored by Representatives Davis, Schmick, Frame, Leavitt, Simmons, Valdez, Fitzgibbon, Orwall, Ortiz-Self, Slatter, Caldier, Stonier, Peterson, Ramel, Goodman, Taylor, Sutherland, Ryu, Hackney, Lovick, Barkis, Pollet, Macri, Callan, Santos, Ormsby, Tharinger, Riccelli, Lekanoff, Harris-Talley and Harris).
Brief History: Passed House: 2/26/21, 97-0.
Committee Activity: Human Services, Reentry & Rehabilitation: 3/11/21.
Brief Summary of Bill
  • Prohibits a person's incarceration status from affecting the person's Medicaid eligibility during the first 29 days of incarceration.
SENATE COMMITTEE ON HUMAN SERVICES, REENTRY & REHABILITATION
Staff: Kelsey-anne Fung (786-7479)
Background:

Suspension of Medicaid Benefits.  The Health Care Authority (HCA) provides medical care services to eligible low-income state residents and their families, primarily through the Medicaid program.  The State Medicaid Plan is an agreement between the state and the federal government controlling expenditures of Medicaid funds.  Federal standards for the Medicaid program exclude payments for care or services for any person who is an inmate of a public institution, except for certain inpatient services at a hospital.  Federal Medicaid standards also prohibit payment for care or services for individuals who are patients at an institution for mental diseases.  An institution for mental diseases is a hospital, nursing facility, or other institution with more than 16 beds primarily engaged in providing diagnosis, treatment, or care of persons with mental diseases.


Legislation enacted in 2016 requires HCA to suspend, rather than terminate, medical assistance for persons who have been incarcerated or committed to a state hospital, regardless of the person's release date.  A person who has been incarcerated or committed to a state hospital must be able to apply for medical assistance in suspense status while incarcerated or committed.

 

Medicaid Waivers.  Section 1115 of the Social Security Act gives the Secretary of Health and Human Services authority to grant waivers from certain Medicaid requirements to allow states to demonstrate innovative approaches in their Medicaid programs.  The purpose of section 1115 demonstration projects is to demonstrate and evaluate policy approaches such as expanding eligibility, providing services not typically covered, and using innovative service delivery systems.
Summary of Bill:

If a person was enrolled in Medicaid at the time of incarceration, the person's incarceration status may not affect their enrollment in Medicaid during the first 29 days of incarceration in a correctional institution.


If the person was not enrolled in Medicaid at the time of incarceration, they may apply for medical assistance during incarceration.  If the person is enrolled during the first 29 days of incarceration, the person's incarceration status may not affect the person's enrollment in Medicaid.


After incarceration for 30 days or more, the person's Medicaid status is subject to suspension.


The Health Care Authority may seek any necessary state plan amendments or federal waivers to implement this requirement. 

 

A federal severability clause is included.
Appropriation: None.
Fiscal Note: Available. New fiscal note requested on February 26, 2021.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.