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An Act Concerning Medicaid for Incarcerated Persons about To Be Released
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §3174-CC, as enacted by PL 2001, c. 659, Pt. B, §1, is amended to read:
§ 3174-CC.Medicaid eligibility during incarceration
The department shall establish procedures to ensure that a person receiving federally approved Medicaid services prior to incarceration does not lose Medicaid eligibility as a result of that incarceration, even if Medicaid coverage is limited during the period of incarceration. Nothing in this section requires or permits the department to maintain an incarcerated person's Medicaid eligibility if the person no longer meets eligibilitycoverage requirements., except that for a person who is incarcerated whose eligibility is suspended pursuant to the United States Social Security Act, 42 United States Code 1396d, Section 1905(a)(29)(A) the department must provide:
 
1.  Federal disability benefits under the United States Social Security Act.     As applicable to a person who was qualified to receive disability benefits under the United States Social Security Act, an opportunity to terminate the suspension and reactivate coverage immediately upon release and a process through which the person may apply for coverage for Medicaid at least 45 days prior to release from incarceration; and
 
2.  Other qualifications for Medicaid benefits.     As applicable to a person who was qualified to receive Medicaid benefits other than under subsection 1, prior to release from incarceration, notice of the opportunity to terminate suspension and reactivate coverage immediately upon release and a process through which the person may consent to notification to other individuals of the pending reactivation of Medicaid coverage, as authorized by the person.
 
SUMMARY
This bill requires the Department of Health and Human Services to allow an incarcerated person who has lost Medicaid coverage due to losing a federal benefit provided under the United States Social Security Act while incarcerated to be given the opportunity and assistance to reapply for Medicaid coverage 45 days before release from incarceration.