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RES-2023-065 3 <br /> ORANGE COUNTY BOARD OF COMMISSIONERS <br /> RESOLUTION SUPPORTING MEDICAID AVAILABILITY PRIOR TO RE-ENTRY FOR <br /> INCARCERATED INDIVIDUALS <br /> Whereas, Orange County seeks to improve the health and well-being for all North <br /> Carolinians, and for Orange County residents in particular, and this commitment includes <br /> advancing health access by reducing disparities for historically marginalized populations; <br /> and <br /> Whereas, Orange County has a demonstrated commitment to incarcerated individuals <br /> and their successful re-entry back into the community. The Orange County Local Reentry <br /> Council (LRC) has been in operation since 2018 through the Criminal Justice Resource <br /> Department with two County positions managing the LRC and supporting Orange County <br /> residents returning to the community from incarceration. In addition, two community <br /> health workers are employed in the Orange County Health Department with the Formerly <br /> Incarcerated Transitions (FIT) program supporting people re-entering with chronic health <br /> issues; and <br /> Whereas, Orange County has a long history of seeking to reduce barriers to re-entry from <br /> prior incarceration in areas such as employment, housing, transportation, harm reduction <br /> and health care; and <br /> Whereas, formerly-incarcerated individuals, who are disproportionately people of color, <br /> are at a higher risk for poor health outcomes, injury, overdose and death than other <br /> community members. These individuals are particularly vulnerable during the period <br /> immediately following release from a correctional institution. Over half of all people in <br /> state prisons and two thirds of individuals in jails have a substance use disorder, 30% <br /> have identified physical health needs and 50% have other mental health needs. <br /> Significantly, individuals leaving incarceration are 40 times more likely to die of a drug <br /> overdose in the first two weeks of release than the general population; and <br /> Whereas, due to restrictions in federal Medicaid law, states have historically been unable <br /> to draw down Medicaid funding to provide health care services to individuals when they <br /> are incarcerated (known as the "Medicaid inmate exclusion"). This creates a serious <br /> coverage gap when individuals are released and severely impacts health, stability and <br /> recidivism; and <br /> Whereas, vital legislation and policy reform is being considered in the United States <br /> Congress and efforts underway at the NC Department of Health and Human Services <br /> (NCDHHS) to address this Medicaid exclusion. The Reentry Act (HR 2400/S 1165) <br /> proposes allowing Medicaid payments for medical services provided to individuals <br /> incarcerated in prisons and jails at 30 days prior to their release. The Due Process <br /> Continuity of Care Act (HR 3074/ S 971) amends the Medicaid Inmate Exclusion Policy <br /> to allow for Medicaid coverage of health services for pre-trial detainees and provides $50 <br /> million in planning grants to states. Finally, NCDHHS is seeking federal authority through <br />