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First-of-its-kind
initiative will help people get the behavioral health care they need as
they leave incarceration
Today, the U.S. Department of Health
and Human Services (HHS), through the Centers for Medicare & Medicaid
Services (CMS), approved a first-of-its-kind section 1115 demonstration
amendment in California which will provide a set of critical pre-release
services and improve access to critically needed care for people returning
home from jails and prisons.
For example, Medi-Cal
will be able to cover substance-use treatment before a Medicaid beneficiary
is released from jail, prison, or youth correctional facility.
Additionally, the state will be able to help connect the person to
community-based Medicaid providers 90 days prior to their release to ensure
they can continue their treatment after they return to the community.
“The Biden-Harris
Administration is focused on expanding access to health care across the
country and doing so with equity in mind,” said HHS Secretary Xavier
Becerra. “In partnership with HHS, the state of California is leading the
way in providing coverage to justice-involved individuals. This is the
first time in history Medicaid will be providing coverage to
justice-involved individuals before they’re released. It is a step forward
in closing gaps in services this underserved community experiences, and I
encourage other states to follow California’s lead.”
“Today, we achieved a significant
milestone in the expansion of health care coverage,” said CMS Administrator
Chiquita Brooks-LaSure. “This demonstration allows us to make historic
changes for incarcerated individuals who are eligible for Medicaid or CHIP.
By helping these individuals access essential services and care
coordination prior to release, we will also prevent gaps in care as they
rejoin their communities.”
In this first-of-its-kind
approval, California will have authority to cover pre-release services to
incarcerated individuals, which is consistent with coverage under the
demonstration opportunity provided for in by section 5032(b) of the Substance Use
Disorder Prevention that Promotes Opioid Recovery and Treatment for
Patients and Communities
(SUPPORT) Act. This work also builds on President Biden’s February 2022 executive order to expand affordable, quality
health care coverage, which includes strengthening Medicaid and the
Affordable Care Act, and his May 2022 historic
executive order to advance effective, accountable policing and criminal
justice practices, which includes improving treatment and rehabilitation in
jails, prisons, and other correctional settings, and supporting successful
entry. This is the first time Medicaid will
pay for a limited set of health care services provided to justice-involved
individuals before they are released—a key component of the President’s
proposed public safety package, the Safer America Plan.
As part of the approval, California
will also increase and sustain provider payment rates and Medicaid managed
care payment rates in obstetrics, primary care, and behavioral health as a
condition of the approval of authority to receive Designated State Health
Program (DSHP) funding (which allows the state to access federal match
dollars for certain health-related services previously funded only using
state dollars). In obstetrics alone, this represents the potential for $60
million to be invested in the health of pregnant and postpartum women by
increasing access to providers and therein improving health outcomes for
pregnant women. Coupled with additional support for critical options like
home and community-based services, the 1115 demonstration holds promise for
transforming the nature of care.
Under the demonstration, California
aims to achieve the following goals:
·
Increase coverage, continuity of care,
and appropriate service uptake through assessment of eligibility and
availability of coverage for benefits in carceral settings just prior to
release;
·
Improve access to services prior to
release and improve transitions and continuity of care into the community
upon release;
·
Improve coordination and
communication between correctional systems, Medicaid and CHIP systems,
managed care plans, and community-based providers;
·
Increase additional investments in
health care and related services aimed at improving the quality of care for
beneficiaries in carceral settings and in the community to maximize
successful reentry post-release;
·
Improve connections between carceral
settings and community services upon release to address physical health,
behavioral health, and health-related social needs;
·
Provide intervention for certain
behavioral health conditions and use stabilizing medications like
long-acting injectable anti-psychotics and medications for addiction
treatment for substance use disorders (SUDs), with the goal of reducing
decompensation, suicide-related deaths, overdoses, and overdose-related
deaths in the near-term post-release; and
·
Reduce post-release acute care
utilizations such as emergency department visits, inpatient
hospitalizations, and all-cause deaths among recently incarcerated Medicaid
beneficiaries and individuals otherwise eligible for CHIP if not for their
incarceration status through robust pre-release identification,
stabilization, and management of certain serious physical and behavioral
health conditions that may respond to ambulatory care and treatment (e.g.
diabetes, heart failure, hypertension, schizophrenia, SUDs), as well as
increased receipt of preventive and routine physical and behavioral health
care.
Consistent with CMS requirements for
section 1115 demonstrations, California must undertake a comprehensive and
rigorous evaluation of the demonstration.
California’s approval
coincides with a new
report produced by the HHS Office of the Assistant Secretary for
Planning and Evaluation (ASPE) examining the significant health coverage
and continuity-of-care needs justice-involved individuals face returning to
the community. These include disproportionately high rates of SUD, serious
mental illness, and infectious and other chronic physical health
conditions. The report discusses opportunities, like Medicaid section 1115
demonstrations, to improve health and health care transitions.
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