Committee reviews Act 159 changes on inmate medical care, reentry and earned-time reviews

Ben Novogrovsky, legislative counsel, told the House Corrections & Institutions Committee on Nov. 15 that Act 159 of 2024 made a set of miscella­neous but substantive changes to corrections law, including new reentry requirements for prescription medications and steps to coordinate post-release care.

“This is in law. This is just a review of what this committee did last year,” Novogrovsky said as he walked members through the enacted text. He summarized key provisions that require the Department of Corrections (DOC) or its contractor to provide medication and care coordination when sentenced offenders return to the community.

Why it matters: Act 159 adds operational requirements that intersect with DOC contracts, Medicaid policy and community public safety. The statute directs DOC and its contractor (Wellpath) to hand an offender a supply of medication at release when a medication is available at the facility and is clinically appropriate; it also directs DOC to schedule initial appointments with community providers and may authorize caseworkers or health navigators to help arrange follow-up care.

Most notable provisions

- Medication supply at release: For sentenced offenders, the law requires the department or its contractor to provide “at release up not less than 28 day supply of the prescribed medication” and also to provide a valid prescription to be filled once community care begins, Novogrovsky said. The committee clarified the requirement is for a physical supply of medication, not only a prescription.

- MOUD (medication for opioid use disorder): The statute distinguishes MOUD from other medications. For MOUD the committee directed that DOC or its contractor provide a “legally permissible supply” at discharge (smaller than the standard 28-day supply in some cases) so the individual can continue treatment until community providers assume care.

- Care coordination and intake scheduling: Act 159 requires DOC or its contractor to identify necessary health or substance use treatment providers and schedule an intake appointment for the offender; DOC may employ or contract caseworkers or health navigators to assist with scheduling.

- Medicaid and reentry barriers: Committee members discussed the federal rule that Medicaid coverage is terminated (not paused) for people in public institutions under the Social Security Act, which complicates immediate access to prescriptions and community care after release. Novogrovsky noted that restarting coverage and lack of ID or stable housing often impede prompt access to medications and services.

- Contract and program details: Novogrovsky said DOC’s current contract with Wellpath generally provided a 28–30 day supply at release for non-MOUD medications, while MOUD supplies were more limited to reduce diversion. Committee members flagged operational issues such as on-hand inventory, short notice releases (parole or board decisions) and provider availability in the community.

Other sections and mandated reviews

- Earned time review and victim notification: A joint legislative justice oversight committee examined earned time (a system that can reduce a sentence by seven days per month for good behavior) and recommended no expansion of earned time at this time, citing problems with the victim notification system and its ability to inform victims reliably.

- Non-driver ID: Act 159 codified existing practice that DOC coordinate with the Department of Motor Vehicles (DMV) to provide non-driver identification credentials free of charge to people seeking reentry; driving credentials remain the individual’s cost if they pursue them and are eligible.

- Family-friendly visitation study: A study committee was established to evaluate family-friendly visitation programs (including the existing Kids Apart program) and to recommend policies and facility capacity changes to support visitation for parents and guardians.

- Facility planning and reports: The act directs studies and reports on (1) reentry services for a new women’s facility and whether a men’s reentry facility should be colocated, (2) closing for-profit or out-of-state facilities and related cost/ diversion strategies, and (3) staffing recommendations to reduce probation and parole officers’ hospital-coverage burdens. Some reports had deadlines noted in the statute (one due Nov. 15 of the following year; others are status updates or due “today,” as members noted during the review).

What members raised

Committee members repeatedly pressed operational questions: how quickly Medicaid can be restarted after release, whether Wellpath or DOC can reliably provide a 28-day supply when releases happen on short notice, and how to ensure available community providers for MOUD and other medications. Novogrovsky and DOC staff said these are reasons the committee will hold deeper technical hearings with the DOC medical director and others.

Novogrovsky also reminded members of statutory publishing conventions, noting that some provisions were added as session law (the act number) rather than as permanent changes to the codified statutes because certain items were point-in-time reviews or interim directives.

Next steps

The committee scheduled follow-up “deep dive” testimony with DOC and medical staff to discuss operational implementation (inventory, MOUD protocols, potential changes to in-facility medications, and Medicaid re-enrollment procedures). Several statutorily required reports arising from Act 159 will be submitted to the committee and to Senate Judiciary as provided in the act.

Ending note

The committee’s review emphasized that the enacted language is intended to reduce gaps in care during the high-risk reentry period, while balancing concerns about diversion for MOUD medications and the practical limits of DOC contracts, community provider capacity and federal Medicaid rules.