Page 5 Health Official and State Medicaid Director RRC residents not previously enrolled in their state Medicaid program would be able to apply to their intended release state of residency for eligibility determination while incarcerated, but would not be eligible to receive Medicaid benefits until their status changed to home confinement, parole, probation, or full-term release. QS. Free Choice of Provider: Must individuals in transitional or supervisory arrangements have the ability tofi"eely choose their Medicaid providers, as required in Federal law at Section 1902 (a)(23) of the Act? AS. Yes. Eligible individuals who are not inmates but rather who are in transitional or supervisory arrangements, as beneficiaries of the Medicaid program, have the same ability to choose their providers of health care services as afforded to other Medicaid beneficiaries in their states. if Q6. Individuals on Home Confinement: Is FFP available an individual is on home confinement? A6. Yes. An individual's private place of residence generally would not meet the definition of a "public institution", which is a component of the coverage exclusion, despite the involuntary nature of the home confinement scenario. FFP is available for expenditures under the approved state plan for covered Medicaid benefits furnished to eligible individuals living at home under home confinement. Q7. Voluntary and Temporary Residence in a Public Institution: Is an individual if considered an inmate of a public institution residing there voluntarily for a temporary period? A7. No. An individual is not considered an inmate when residing in a public institution voluntarily and the coverage exclusion does not apply. For example, FFP is available for services when an individual (if eligible and enrolled in Medicaid) is living voluntarily in a detention center for a temporary period of time after his case has been adjudicated and arrangements are being made for his transfer to a community residence. The voluntary nature of the residence is critical; an individual would be considered an inmate during temporary involuntary residence in a public institution imposed by the justice system (for example when confined pending trial) but not when the individual is free to leave, but is "residing in a public institution for a temporary period pending other arrangements appropriate to his needs" consistent with 42 CPR 435.1010. Q8. Residence in Facilities for Treating Mental Health and Substance Use Disorders: Is FFP available for mental health or substance use disorder services, furnished exclusively to inmates, in a residential treatment facility?
Page 5 Health Official and State Medicaid Director RRC residents not previously enrolled in their state Medicaid program would be able to apply to their intended release state of residency for eligibility determination while incarcerated, but would not be eligible to receive Medicaid benefits until their status changed to home confinement, parole, probation, or full-term release. QS. Free Choice of Provider: Must individuals in transitional or supervisory arrangements have the ability tofi"eely choose their Medicaid providers, as required in Federal law at Section 1902 (a)(23) of the Act? AS. Yes. Eligible individuals who are not inmates but rather who are in transitional or supervisory arrangements, as beneficiaries of the Medicaid program, have the same ability to choose their providers of health care services as afforded to other Medicaid beneficiaries in their states. Q6. Individuals on Home Confinement: Is FFP available if an individual is on home confinement? A6. Yes. An individual's private place of residence generally would not meet the definition of a "public institution", which is a component of the coverage exclusion, despite the involuntary nature of the home confinement scenario. FFP is available for expenditures under the approved state plan for covered Medicaid benefits furnished to eligible individuals living at home under home confinement. Q7. Voluntary and Temporary Residence in a Public Institution: Is an individual considered an inmate of a public institution if residing there voluntarily for a temporary period? A7. No. An individual is not considered an inmate when residing in a public institution voluntarily and the coverage exclusion does not apply. For example, FFP is available for services when an individual (if eligible and enrolled in Medicaid) is living voluntarily in a detention center for a temporary period of time after his case has been adjudicated and arrangements are being made for his transfer to a community residence. The voluntary nature of the residence is critical; an individual would be considered an inmate during temporary involuntary residence in a public institution imposed by the justice system (for example when confined pending trial) but not when the individual is free to leave, but is "residing in a public institution for a temporary period pending other arrangements appropriate to his needs" consistent with 42 CPR 435.1010. Q8. Residence in Facilities for Treating Mental Health and Substance Use Disorders: Is FFP available for mental health or substance use disorder services, furnished exclusively to inmates, in a residential treatment facility?
appendix-c-public-comments.docx