CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 1348
67TH LEGISLATURE
2021 REGULAR SESSION
Passed by the House April 16, 2021 Yeas 97 Nays 0
Speaker of the House of Representatives Passed by the Senate April 10, 2021 Yeas 49 Nays 0
President of the Senate | CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1348 as passed by the House of Representatives and the Senate on the dates hereon set forth.
Chief Clerk Chief Clerk |
Approved | FILED |
| Secretary of State State of Washington |
SUBSTITUTE HOUSE BILL 1348
AS AMENDED BY THE SENATE
Passed Legislature - 2021 Regular Session
State of Washington | 67th Legislature | 2021 Regular Session |
ByHouse 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)
READ FIRST TIME 02/15/21.
AN ACT Relating to the provision of medical assistance to incarcerated persons; amending RCW
74.09.670; adding a new section to chapter
70.48 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) The legislature finds that:
(a) Having access to same day and next day physical and behavioral health services is imperative to facilitate successful reentry for individuals releasing from jails;
(b) The overwhelming majority of individuals in jails are incarcerated for less than 30 days;
(c) Suspending medicaid for individuals on short-term jail stays causes significant delays in medicaid reinstatement upon release; and
(d) Delays in medicaid reinstatement impede access to physical and behavioral health appointments and prescription medications upon release.
(2) The legislature intends to facilitate successful jail reentry by not suspending medicaid for individuals who are incarcerated for less than 30 days.
Sec. 2. RCW
74.09.670 and 2016 c 154 s 2 are each amended to read as follows:
((
The))
(1) Except as provided in subsection (2) of this section, when the authority ((
is directed to))
receives information that a person enrolled in medical assistance is confined in a setting in which federal financial participation is disallowed by the state's agreements with the federal government, the authority shall suspend, rather than terminate, medical assistance benefits ((
by July 1, 2017,)) for
these persons
, including those who are incarcerated
in a correctional institution as defined in RCW 9.94.049, or committed to a state hospital
or other treatment facility. ((
This must include the ability for a))
A person
who is not currently enrolled in medical assistance must be allowed to apply for medical assistance in suspense status during ((
incarceration))
confinement, and
the ability to apply may not depend upon knowledge of the release
or discharge date of the person. ((
The authority must provide a progress report describing program design and a detailed fiscal estimate to the governor and relevant committees of the legislature by December 1, 2016.))
(2)(a) During the first 29 days of a person's incarceration in a correctional institution, as defined in RCW 9.94.049: (i) A person's incarceration status may not affect the person's enrollment in medical assistance if the person was enrolled in medical assistance at the time of incarceration; and
(ii) A person not enrolled in medical assistance at the time of incarceration must have the ability to apply for medical assistance during incarceration, which may not depend on knowledge of the release date of the person. If the person is enrolled in medical assistance during the first 29 days of the person's incarceration, the person's incarceration status may not affect the person's enrollment in medical assistance.
(b) After the first 29 days of the person's incarceration, the person's medical assistance status is subject to suspension or application in suspense status under subsection (1) of this section.
NEW SECTION. Sec. 3. A new section is added to chapter
70.48 RCW to read as follows:
A department of corrections or chief law enforcement officer responsible for the operation of a jail shall make reasonable efforts to collaborate with managed care organizations, as defined in RCW
71.24.025, for the purposes of care coordination activities and improving health care delivery and release planning for persons confined in the jail.
NEW SECTION. Sec. 4. The health care authority is authorized to seek any necessary state plan amendments or waivers from the federal department of health and human services that are necessary to implement section 2 of this act.
NEW SECTION. Sec. 5. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
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