An Act to Improve the Health of Maine Residents by Closing Coverage Gaps in the MaineCare Program for Incarcerated Persons
Maine Legislature, Session 131, LD 1204
Committee: Health and Human Services
Sponsors: TALBOT ROSS, BALDACCI, MEYER, NUTTING, BAILEY, BRAKEY, FARRIN
Amends: 22 MRSA §3174-C

Legislative Document
No. 1204
H.P. 764
House of Representatives, March 14, 2023
An Act to Improve the Health of Maine Residents by Closing 
Coverage Gaps in the MaineCare Program for Incarcerated Persons
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker TALBOT ROSS of Portland.
Cosponsored by Senator BALDACCI of Penobscot and
Representatives: MEYER of Eliot, NUTTING of Oakland, Senators: BAILEY of York, 
BRAKEY of Androscoggin, FARRIN of Somerset.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3174-CC, as repealed and replaced by PL 2019, c. 492, §2, is 
amended to read:
§3174-CC.  Medicaid eligibility during incarceration
1.  Establish procedures.  The department shall establish procedures to ensure that:
A.  A person receiving federally approved Medicaid services prior to incarceration in 
a correctional facility, county jail or regional jail 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 in a correctional facility, county jail or regional jail 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 in a correctional facility, county jail or regional jail who does not have 
Medicaid coverage is likely to be eligible for services 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 with Department of Corrections.  The 
department and the Department of Corrections shall enter into a memorandum of 
understanding in order to provide an a person who is incarcerated person in a correctional 
facility with assistance in applying for benefits under this section and section 3104, 
subsection 17.
4.  Memorandum of understanding with counties.  The department shall enter into 
a memorandum of understanding with counties in this State that have a county jail or a 
regional jail in order to provide a person who is incarcerated in a county jail or a regional 
jail with assistance in applying for benefits under this section.
The provisions of this section apply even if Medicaid coverage is limited during the 
period of incarceration in a correctional facility, county jail or a regional jail. 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.
SUMMARY
This bill requires the Department of Health and Human Services to enter into a 
memorandum of understanding with counties in this State that have a county jail or a 
regional jail in order to provide a person who is incarcerated in a county jail or a regional 
jail with assistance in applying for MaineCare services.