Biden Administration Will Use Medicaid To Allow Coverage For Incarcerated Substance Use Treatment
By Daniel Han Politico Feb 21, 2023
CAMDEN, N.J. — The Biden administration wants to encourage states to use Medicaid to cover substance use disorder treatment for incarcerated people, according to the nation’s top drug policy official.
Rahul Gupta, head of the Office of National Drug Control Policy, on Tuesday said the Centers for Medicare and Medicaid Services plan to release guidance this spring outlining how states could use the program and federal dollars to pay for treatments before people are released.
CMS did not immediately respond to a request for comment.
Gupta also announced that all 112 federal prisons will offer medication-assisted treatment for substance use disorder by the summer.
“Treating substance use disorder in prisons, jails, is a smart move,” Gupta said during an event at the Camden County jail. “[It’s a] smart move for our economic prosperity, for our safety and the health of our nation.”
Context: The remarks come shortly after CMS approved a California waiver that allowed the state’s Medicaid program to cover substance use treatment before Medicaid eligible people are released from correctional facilities. Gupta said California could become a model for what the broader guidance looks like.
“I would definitely look at what’s coming up with California, because they’ve been provided the approval,” Gupta said. “When the CMS guidance goes out to … all states, I think some of these elements will be making their way into it. But it’s a very much a moving target.”
States will have to apply for the expansion using a Medicaid 1115 waiver. Federal rules generally prohibit Medicaid coverage for incarcerated people.
Many people in correctional facilities have substance use disorders, according to the National Institute on Drug Abuse.
Gupta said that recidivism overdose deaths decline when people in correctional facilities have access to substance use disorder treatment while incarcerated.
“The point [from] President Biden is, we got to do what we can right now to save lives,” Gupta said. “We will work with Congress, no doubt about it. But we have to use every tool in the toolbox available to be able to save those lives. So this is that.”
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