2023 Regular Session ENROLLED
SENATE RESOLUTION NO. 98
BY SENATOR DUPLESSIS
A RESOLUTION
To urge and request the Louisiana Department of Health to study the feasibility and
associated cost of requesting a waiver from the United States Department of Health
and Human Services to allow Medicaid reimbursement for individuals, including
juveniles in detention.
WHEREAS, Section 1115 of the federal Social Security Act gives the secretary of
United States Department of Health and Human Services (HHS) authority to approve
experimental, pilot, or demonstration projects that are found by the secretary to promote the
objectives of the Medicaid program; and
WHEREAS, fifteen states have submitted a partial waiver request to the Center for
Medicare and Medicaid Services (CMS) to allow Medicaid reimbursement for incarcerated
individuals to improve healthcare transitions into the community; and
WHEREAS, Section 5032 of the Substance Use-Disorder Prevention that Promotes
Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act) (Pub.
L. No. 115-271), Promoting State Innovations to Ease Transitions Integration to the
Community for Certain Individuals, directs the secretary of HHS to "work with states on
innovative strategies to help individuals who are inmates of public institutions and otherwise
eligible for medical assistance under the Medicaid program under Title XIX of the Social
Security Act transition, with respect to enrollment for medical assistance under such
program, seamlessly to the community"; and
WHEREAS, the first state has received approval from CMS to partially waive the
statutory Medicaid inmate exclusion policy allowing Medicaid reimbursable services to be
provided to incarcerated individuals ninety days prior to release; and
WHEREAS, CMS released guidance to states on this specific issue on April 17,
2023; and
WHEREAS, Louisiana has the highest incarceration rate in the country and
justice-involved individuals are disproportionately low-income and often have complex and
chronic conditions; and
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WHEREAS, the majority of individuals, including juveniles, that enter custody have
unmet health needs, including serious physical, mental, emotional, and behavioral needs; and
WHEREAS, providing pre-release services for individuals through Medicaid would
improve continuity of care, prevent disruptions in services, and save the lives of individuals
with unmet health needs by creating a post-release care plan that addresses addiction-related
recidivism and reduces overdose deaths; and
WHEREAS, one of the critical terms of the waiver is the opportunity for the
provision of behavioral health services, including mental health and substance use disorder
treatments; and
WHEREAS, this type of waiver would present an opportunity for Louisiana to
address health disparities, reduce long-term health care costs, and improve the overall health
of incarcerated individuals, including juveniles in the state.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby urge and request the Louisiana Department of Health to study the feasibility and
associated cost of requesting a waiver from the United States Department of Health and
Human Services to allow Medicaid reimbursement for individuals in detention,
including juveniles.
BE IT FURTHER RESOLVED that the Senate of the Legislature of Louisiana does
hereby urge and request the Louisiana Department of Health to make a written report of the
results of the feasibility and cost analysis conducted regarding a waiver request under
Section 1115 of the Social Security Act to the Louisiana Legislature no later than
January 1, 2024.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
secretary of the Louisiana Department of Health.
PRESIDENT OF THE SENATE
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