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Committee weighs jail health care, 1115 waiver options and asks staff and stakeholders for study input

2238370 · February 3, 2025
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Summary

Lawmakers discussed whether Medicaid should pay for health care for people in jails or during the 90 days before release, heard that DHHS does not expect state savings from taking that route, and asked staff to design a study and survey local jail administrators about unmet health needs and costs.

Committee members debated whether to pursue the federal option of using Medicaid for incarcerated people in the 90 days before release and whether the state should study minimum standards and funding for jail health care.

DHHS staff summarized an initial assessment of using the federal 1115 waiver option: comparing costs for inmates in the last 90 days of incarceration against administrative and program costs, the department did not anticipate state cost savings and instead expected higher state costs and additional administrative burden for corrections to enroll and bill Medicaid. As the department described it, "we would not anticipate any cost savings to the department." The department recommended further study rather than immediate implementation.

Members described practical concerns observed at county jails, including limited resources and inconsistent treatment availability. One lawmaker offered an anecdote that in some jails "the solution to a toothache is pulling it, not fixing it," prompting interest in minimum care standards and possible state support for counties unable to meet local costs. Lawmakers suggested the study should examine uncompensated care, responsibility for payment when a person is taken into custody, and whether a state grant program could help counties with spikes in high‑medical‑need detainees.

The committee also heard operational advice from other states attempting the waiver path: start with state prisons where stays are longer and implementation is easier; jails pose special challenges because short stays make intervention and enrollment difficult.

Next steps and information requests: members asked staff to draft a focused study resolution ("shall consider" study) that would clarify the standard of basic health care expected in jails, county fiscal capacity, and whether state support is needed. The committee asked the Association of Counties to survey local jail administrators about their biggest health care challenges and requested departmental follow up to validate current practices around suspending and restoring Medicaid eligibility for people in custody. Committee members also said they would bring additional stakeholders and data to the next meeting.