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131st MAINE LEGISLATURE
FIRST REGULAR SESSION-2023
Legislative Document No. 1204H.P. 764House of Representatives, March 14, 2023
An Act to Improve the Health of Maine Residents by Closing
Coverage Gaps in the MaineCare Program for Incarcerated Persons
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker TALBOT ROSS of Portland.
Cosponsored by Senator BALDACCI of Penobscot and
Representatives: MEYER of Eliot, NUTTING of Oakland, Senators: BAILEY of York,
BRAKEY of Androscoggin, FARRIN of Somerset. Page 1 - 131LR0034(01)
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2 as repealed and replaced by PL 2019, c. 492, ยง2, is
3 amended to read:
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5 The department shall establish procedures to ensure that:
6 A. A person receiving federally approved Medicaid services prior to incarceration in
7 a correctional facility, county jail or regional jail does not lose Medicaid eligibility as
8 a result of that incarceration and receives assistance with reapplying for benefits if that
9 person's Medicaid coverage expires or is terminated during the term of incarceration;
10 and
11 B. A person who is not receiving federally approved Medicaid services prior to
12 incarceration in a correctional facility, county jail or regional jail but meets the
13 eligibility requirements for Medicaid receives assistance with applying for federally
14 approved Medicaid services.
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16 incarcerated in a correctional facility, county jail or regional jail who does not have
17 Medicaid coverage is likely to be eligible for services under this section, the provider must
18 be reimbursed for services provided under this section in accordance with 42 Code of
19 Federal Regulations, Section 435.1101.
20 The
21 department and the Department of Corrections shall enter into a memorandum of
22 understanding in order to provide an a person who is incarcerated person in a correctional
23 facility with assistance in applying for benefits under this section and section 3104,
24 subsection 17.
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26 a memorandum of understanding with counties in this State that have a county jail or a
27 regional jail in order to provide a person who is incarcerated in a county jail or a regional
28 jail with assistance in applying for benefits under this section.
29 The provisions of this section apply even if Medicaid coverage is limited during the
30 period of incarceration in a correctional facility, county jail or a regional jail. Nothing in
31 this section requires or permits the department to maintain an incarcerated person's
32 Medicaid eligibility if the person no longer meets eligibility requirements.
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34 This bill requires the Department of Health and Human Services to enter into a
35 memorandum of understanding with counties in this State that have a county jail or a
36 regional jail in order to provide a person who is incarcerated in a county jail or a regional
37 jail with assistance in applying for MaineCare services.
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