26B-3-217. Medicaid waiver for coverage of qualified inmates leaving prison or jail.
| (1) |
As used in this section:
Terms Used In Utah Code 26B-3-217- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-101
- Contract: A legal written agreement that becomes binding when signed.
- Division: means the Division of Integrated Healthcare within the department, established under Section 26B-3-102. See Utah Code 26B-3-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
“Correctional facility” means:
| (ii) |
the Department of Corrections, created in Section 64-13-2; or |
| (iii) |
a prison, penitentiary, or other institution operated by or under contract with the Department of Corrections for the confinement of an offender, as defined in Section 64-13-1. |
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| (b) |
“Qualified inmate” means an individual who:
| (i) |
is incarcerated in a correctional facility; and |
| (ii) |
has:
| (A) |
a chronic physical or behavioral health condition; |
| (B) |
a mental illness, as defined in Section 26B-5-301; or |
| (C) |
an opioid use disorder. |
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| (2) |
Before July 1, 2020, the division shall apply for a Medicaid waiver or a state plan amendment with CMS to offer a program to provide Medicaid coverage to a qualified inmate for up to 30 days immediately before the day on which the qualified inmate is released from a correctional facility. |
| (3) |
If the waiver or state plan amendment described in Subsection (2) is approved, the department shall report to the Health and Human Services Interim Committee each year before November 30 while the waiver or state plan amendment is in effect regarding:
| (a) |
the number of qualified inmates served under the program; |
| (b) |
the cost of the program; and |
| (c) |
the effectiveness of the program, including:
| (i) |
any reduction in the number of emergency room visits or hospitalizations by inmates after release from a correctional facility; |
| (ii) |
any reduction in the number of inmates undergoing inpatient treatment after release from a correctional facility; |
| (iii) |
any reduction in overdose rates and deaths of inmates after release from a correctional facility; and |
| (iv) |
any other costs or benefits as a result of the program. |
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| (4) |
If the waiver or state plan amendment described in Subsection (2) is approved, a county that is responsible for the cost of a qualified inmate’s medical care shall provide the required matching funds to the state for:
| (a) |
any costs to enroll the qualified inmate for the Medicaid coverage described in Subsection (2); |
| (b) |
any administrative fees for the Medicaid coverage described in Subsection (2); and |
| (c) |
the Medicaid coverage that is provided to the qualified inmate under Subsection (2). |
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Renumbered and Amended by Chapter 306, 2023 General Session
