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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: October 3, 2023 <br /> Action Agenda <br /> Item No. 8-j <br /> SUBJECT: Resolution Supporting Medicaid Availability Prior to Re-Entry for Incarcerated <br /> Individuals <br /> DEPARTMENT: Criminal Justice Resource <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> Resolution Commissioner Phyllis Portie-Ascott, 919- <br /> 245-2130 <br /> Caitlin Fenhagen, 919-245-2303 <br /> PURPOSE: To approve a resolution supporting federal legislation and policy reform currently <br /> under consideration that would allow individuals who are incarcerated to access Medicaid prior to <br /> release from prison or jail. <br /> BACKGROUND: Commissioner Phyllis Portie-Ascott recently attended the National Association <br /> of Counties (NACo) and North Carolina Association of County Commissioners (NCACC) meetings <br /> and learned about pending federal legislation and a policy change that would positively impact <br /> residents of Orange County. Commissioner Portie-Ascott shared information at the Board's <br /> September 5, 2023 Business meeting and petitioned for the Board to consider a resolution <br /> supporting the proposed federal legislation and policy change. <br /> The Medicaid Inmate Exclusion Act currently prohibits individuals from receiving Medicaid funding <br /> for services while they are incarcerated. This gap in coverage leaves individuals re-entering the <br /> community from incarceration at high risk for dangerous health outcomes and death. In addition <br /> to dangerous health outcomes, this policy has led to more overdoses, less safety, increased <br /> healthcare costs and higher recidivism. <br /> There are two current pieces of legislation in the US Congress that would address this gap in <br /> services to very vulnerable individuals in need of health care and support services. The Reentry <br /> Act (HR 2400/S 1165) proposes allowing Medicaid payments for medical services provided to <br /> individuals incarcerated in prisons and jails at 30 days prior to their release. The Due Process of <br /> Continuity Act (HR 3074/S 971) amends the Medicaid Inmate Exclusion Policy to allow for <br /> Medicaid coverage of health services for pre-trial detainees. <br />