The legislature finds that:
Having access to same day and next day physical and behavioral health services is imperative to facilitate successful reentry for individuals releasing from jails;
The overwhelming majority of individuals in jails are incarcerated for less than 30 days;
Suspending medicaid for individuals on short-term jail stays causes significant delays in medicaid reinstatement upon release; and
Delays in medicaid reinstatement impede access to physical and behavioral health appointments and prescription medications upon release.
The legislature intends to facilitate successful jail reentry by not suspending medicaid for individuals who are incarcerated for less than 30 days.
This section modifies existing section 74.09.670. Here is the modified chapter for context.
Except as provided in subsection (2) of this section, the authority shall suspend, rather than terminate, medical assistance benefits for persons who are incarcerated or committed to a state hospital. This must include the ability for a person to apply for medical assistance in suspense status during incarceration, and may not depend upon knowledge of the release date of the person.
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During the first 29 days of a person's incarceration in a correctional institution, as defined in RCW 9.94.049:
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
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.
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.
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.
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.