PRINTER'S NO. 3343
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2429
Session of
2024
INTRODUCED BY BRIGGS, HOHENSTEIN, HILL-EVANS, SMITH-WADE-EL,
KHAN, SCHLOSSBERG, HANBIDGE, SANCHEZ AND GIRAL, JUNE 20, 2024
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 20, 2024
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in public assistance,
further providing for persons eligible for medical
assistance.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 441.1(c) and (d) of the act of June 13,
1967 (P.L.31, No.21), known as the Human Services Code, are
amended and the section is amended by adding a subsection to
read:
Section 441.1. Persons Eligible for Medical Assistance.--* *
*
(c) Except as [provided under subsection (a)(4) and (5)]
otherwise provided in this section, upon notification of
incarceration, the department shall temporarily suspend[, for a
period of not more than two years,] medical assistance for a
recipient who becomes incarcerated in a correctional
institution. The suspension of medical assistance shall cease
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and the recipient shall continue to receive medical assistance
upon notification of an inmate's release from the correctional
institution, subject to the eligibility requirements under the
Commonwealth's approved Title XIX State Plan.
(d) Notwithstanding subsection (c), upon [notification from
a correctional institution of an inmate's release and] the
department's receipt of an inmate's application, the department
shall determine the inmate's eligibility for medical assistance.
Except as provided under [subsection] subsections (a)(4) and (5)
and (e) and to the extent consistent with Federal law, medical
assistance may not be provided until the date of the inmate's
release.
(e) Notwithstanding subsections (c) and (d) and subject to
Federal approval, beginning January 1, 2026, the department is
authorized to establish a reentry program under the medical
assistance program for recipients who are incarcerated in a
correctional institution. The following apply:
(1) The reentry program shall, at a minimum, provide
eligible recipients access to the following:
(i) Substance use disorder treatment and case management
services prior to release from a participating correctional
institution.
(ii) A thirty-day supply of medication upon release from a
participating correctional institution.
(2) A county may request to have its county correctional
institution participate in the reentry program. The following
apply:
(i) The request to participate must be on a form and contain
the information as the department prescribes.
(ii) The application to the department must be adopted by a
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majority vote of the governing body and transmitted to the
department accompanied by the signature of the chairperson of
the board of commissioners and attested by the chief clerk of
the county or, in the case of a home rule county, by the
equivalent consistent with the provisions of the county charter.
(3) The department may approve a county's request under
paragraph (2) based on capacity of the program and the county's
plan to provide reentry services. In reviewing the county's
plan, the department shall, at a minimum, consider the
following:
(i) The county's readiness and capacity to provide reentry
services.
(ii) The county's plan to provide information to the
department for suspension and reactivation of medical assistance
for recipients.
(iii) Demonstrated support from the county's criminal
justice collaborative or criminal justice advisory board.
(iv) Demonstrated commitment and cooperation by the county
correctional institution and its employed or contracted
providers of health care services to participate in the reentry
program.
(4) A county's participation in the reentry program is
voluntary.
(5) The department may continue to accept applications under
this subsection from nonparticipating counties on an annual
basis.
Section 2. This act shall take effect immediately.
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