Existing law requires the Department of Health and Human Services to administer Medicaid. (NRS 422.270) Existing law requires the Department to authorize a person who is incarcerated to apply for enrollment in Medicaid up to 6 months before the person is scheduled to be released from incarceration. Under existing law, such enrollment is effective immediately upon release. (NRS 422.27487) Existing federal law prohibits federal funding to provide coverage under Medicaid to incarcerated persons. (42 U.S.C. § 1396d(a)(31)(A)) Existing federal law authorizes a state to apply for a waiver of certain provisions of federal law governing Medicaid for the purpose of an experimental, pilot or demonstration project. (42 U.S.C. § 1315) Section 1 of this bill requires the Director of the Department to apply for such a waiver for the purpose of providing under Medicaid coverage of certain services for incarcerated youths and incarcerated persons with certain health conditions for not more than 90 days before the scheduled release of such persons. Sections 1 and 4.5 of this bill require the screening of incarcerated persons to determine eligibility for such coverage. Section 4 of this bill makes a conforming change to indicate that the provisions of section 1 will be administered in the same manner as the provisions of existing law governing the State Plan for Medicaid. Sections 2 and 3 of this bill make conforming changes to reflect the eligibility of certain incarcerated persons for Medicaid pursuant to section 1. Sections 1.5 and 2.5 of this bill make conforming changes to reflect that federal law requires services provided under a federal waiver to be included in a waiver document that is separate from the State Plan for Medicaid.

Statutes affected:
As Introduced: 422.27487, 209.511, 232.320
Reprint 1: 422.27248, 422.27487, 422.396, 209.511, 232.320
As Enrolled: 422.27248, 422.27487, 422.396, 209.511, 232.320
BDR: 422.27487, 209.511, 232.320