An Act To Clarify and Affirm Medicaid Eligibilify £01· Incarcerated Individuals
Maine Legislature, Session 129, LD 0761
Committee Amendment CA_A_H404 (House)
Amends: 22 MRSA §3104, 22 MRSA §3174-C

COMMITTEE AMENDMENT .. J+. " to H.P. 566, L.D. 761, Bill, "An Act To 
Clarify and Affirm Medicaid Eligibilify £01· Incarcerated Individuals" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Ensure That Incarcerated Individuals Are Eligible for Medicaid during 
Incarceration and Receive Food Supplement Program Benefits upon Release' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 22 MRSA §3104, sub-§17 is enacted to read: 
17. 
Preenrollment for persons released from a correctional facility. 
The 
department shall apply for and implement a waiver pursuant to 7 Code of Federal 
Regulations, Part 273 to promote streamlined and timely access to food supplement 
program benefits for a person who is being released from incarceration. The waiver 
must: 
A. Serve a person who is incarcerated in any state or county correctional facility and 
who, upon the person's release, is not entering a household that is receiving food 
supplement program benefits; 
B. Permit a person described in paragraph A to submit an application for food 
supplement program benefits sufficiently in advance of the person's release date to 
ensure the availability of benefits on that date; and 
C. Establish that the release date of a person described in paragraph A is the first day 
the person is eligible for food supplement program benefits. 
Sec. 2. 22 MRSA §3174-CC, as enacted by PL 2001, c. 659, Pt. B, § 1, is repealed 
and the following enacted in its place: 
§3174-CC. Medicaid eligibility during incarceration 
1. Establish procedures. The department shall establish procedures to ensure that: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 566, L.D. 761 
A. A person receiving federally approved Medicaid services prior to incarceration 
does not lose Medicaid eligibility as a result of that incarceration and receives 
assistance with reapplying for benefits if that person's Medicaid coverage expires or 
is terminated during the term of incarceration; and 
B. A person who is not receiving federally approved Medicaid services prior to 
incarceration but meets the eligibility requirements for Medicaid receives assistance 
with applying for federally approved Medicaid services. 
2. Presumptive eligibility. If a MaineCare provider determines that a person who is 
incarcerated who does not have Medicaid coverage is likely to be eligible for services 
O 
under this section, the provider must be reimbursed for services provided under this 
section in accordance with 42 Code of Federal Regulations, Section 435.1101. 
3. 
Memorandum of understanding. 
The department and the Department of 
Corrections shall enter into a memorandum of understanding in order to provide an 
incarcerated person with assistance in applying for benefits under this section and section 
3104, subsection 17. 
The provisions of this section apply 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 
eligibility requirements. 
Sec. 3. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEAL TH AND HUMAN SERVICES, DEPARTMENT OF 
Office for Family Independence Z020 
Initiative: Provides one-time appropriation and allocation for required technology 
changes to add a presumptive eligibility group when eligibility is determined by a 
provider other than a hospital. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2019-20 
$29,509 
$29,509 
2019-20 
$30,478 
$30,478 
2020-21 
$0 
$0 
2020-21 
$0 
$0 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 566, L.D. 761 
SUMMARY 
This amendment, which is the unanimous report of the committee, clarifies the 
provisions in the bill regarding presumptive eligibility. It also directs the Department of 
Health and Human Services to apply for a waiver in order to provide food supplement 
program benefits to a person being released from incarceration. It directs the Department 
of Health and Human Services and Department of Corrections to enter into a 
memorandum of understanding in order to assist an incarcerated person with applying for 
Medicaid benefits and food supplement program benefits. The amendment also adds an 
appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/25/19 feac::. 
LD761 
LR 773(02) 
An Act To Clarify and Affirm Medicaid Eligibility for Incarcerated Individuals 
Fiscal Note for Bill as Amended by Committee Amendment 'j\1 (H ,...¥(JL/ \ 
Committee: Health and Human Services 
/ 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2019-20 
FY 2020-21 
Projections 
FY 2021-22 
Projections 
FY 2022-23 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$29,509 
$29,509 
$30,478 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
The bill includes a one-time General Fund appropriation to the Department of Health and Human Services of $29 ,509 
in fiscal year 2019-20 for required technology changes to add a presumptive eligibility group when eligibility is 
determined by a provider other than a hospital. A one-time Other Special Revenue Funds allocation is also included 
for the federal match. 
Any additional costs to the Department of Health and Human Services and the Department of Corrections to enter into 
a memorandum of understanding to provide an incarcerated person with assistance in applying for benefits are 
expected to be minor and can be absorbed within existing budgeted resources. 
LR0773(02) - Fiscal Note - Page 1 of 1