Reentry into society after incarceration presents significant healthcare challenges, contributing to high recidivism rates, increased risk of death, and health disparities. Recent policies aim to address these issues through expanded Medicaid access and cross-collaboration among reentry stakeholders.
Section 1115 waivers provide states with flexibility to experiment with Medicaid coverage for people nearing release from prison. In 2023, CMS approved the first such waiver, and over half of US states are now developing and implementing Reentry Waivers. This shift signals a promising opportunity to address the significant health challenges faced by individuals reentering society after incarceration, and to support the health of communities disproportionately impacted by the criminal justice system.
Our Approach
Alongside our community partners, the Center for Health Law and Policy Innovation advocates for the inclusion of community-led organizations and people with lived experience of incarceration into the design and implementation of reentry policymaking. In addition, we advocate for and support the prioritization of hepatitis C and HIV as key components in addressing poor health outcomes for people who have been incarcerated by encouraging the implementation of relevant quality metrics, comprehensive coverage for prevention and treatment, and increased support for providers and organizations with ties to communities disproportionately impacted by incarceration.
Tracking Pre-Release Medicaid Coverage: Medicaid 1115 Reentry Waivers’ Potential Impact on HIV and HCV
The Center for Health Law and Policy Innovation is tracking the release of approved and pending 1115 waivers for pre-release Medicaid coverage in carceral facilities, and analyzing which states’ waivers will expand access to HIV and hepatitis C treatment and prevention. To date, 11 states have been approved to pursue these landmark waivers, and at least 13 more are pending approval from the Centers for Medicare and Medicaid Services.
Our tracker breaks down these complex waivers into three key focus areas: (1) Waiver Status, Primary Sources, and Key Deadlines, (2) The Scope of the Approved Waiver and Covered Services, and (3) Coverage of HIV and Hepatitis C Treatment and Prevention. Click below to see if your state is prioritizing two pervasive and often undertreated conditions impacting people involved in the criminal legal system.
Last Updated: September 19, 2024
Disclosure: The tracker utilizes publicly available information gathered from federal and state Medicaid websites. If you have questions, or you would like to report changes or updates to your state’s 1115 waiver, please contact Staff Attorney, John Card directly at jcard@law.harvard.edu.