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Agenda 03/25/2008 Item #16F 3 Agenda Item No. 16F3 March 25, 2008 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve a Resolution tbat supports proposed legislation (HB 525) addressing loss of federal entitlement benefits for inmates wbicb would adopt the policy that tbey would remain enrolled in Medicare or Medicaid on a suspended status if incarcerated less tban a year OBJECTIVE: To approve a Resolution of the Board of County Commissioners of Collier County, Florida, supporting proposed House Bill 525 (attached) and companion Senate Bill 1456 (attached) which would adopt policy that inmates enrolled in Medicare or Medicaid would be put on a suspended rather than terminated status if incarcerated for less than a year. Once approved by the Board of County Commissioners, the Resolution and a letter in support of the proposed legislation will be transmitted to members of the Collier County Legislative Delegation, Senate President Ken Pruitt, House Speaker Marco Rubio and the Florida Association of Counties. ~ CONSIDERATION: Currently federal law permits states to decide whether inmates should have their entitlement benefits terminated or suspended upon incarceration. Medical services inmates receive while in jail are paid for by the county and will continue to be paid for by the county even if the proposed legislation passes. A person incarcerated in a county jailor juvenile detention center in most states is ineligible to retain Medicare, Medicaid or Social Security Disability Insurance (SSDI) once in the facility. The U.S. Code of Federal Regulations, Title 42, Part 435.1009 states that Federal Financial Participation (FFP) is not available for services provided to individuals who are inmates of public institutions. As a consequence, the cost of medical care for these inmates becomes a non-federal responsibility upon arrest and detention. The cost to counties for persons who would otherwise be receiving federal entitlement payments is significant. If an individual has been terminated from these programs, it may take months for these federal benefits to be restored once they are released. In fact, there is an immediate cessation of benefits prior to the issuance of formal charges or conviction. Many persons awaiting trial who are charged with crimes are released upon posting bond, released on their own recognizance, released under house arrest or other alternative means of detention. The accused continue to be eligible for benefits while awaiting trial. The application process to receive entitlement benefits takes a minimum of 90 days to qualifY through local, state and federal government efforts. Suspending versus terminating eligibility would eliminate the bureaucratic and duplicative paperwork for those coming into the jails and prison systems for a year or less. .- Suspending versus terminating eligibility stops the unnecessary "gap" that currently exists between being released and actually receiving benefits once again, explains the Agenda Item No. 16F3 March 25, 2008 Page 2 of 11 Florida Association of Counties (F AC) fact sheet, which strongly supports the proposed legislation. Inefficient government spending results from the breakdown in 1he continuation of1he inmate's care. During 1he minimum 90-day interim, a person may go off their medication because 1hey cannot afford it, and 1hen violate 1he law again. This is where 1he criminal justice system sees repeat offenders who have mental heal1h and substance abuse problems. F AC reported 1hat on March 11 HB 525 by Rep. Roberson passed out of its fIrst committee of reference, Heal1h Innovation, with no opposition. In addition to F AC, 1he American Bar Association, 1he Florida Sheriff's Association, 1he Department of Corrections, 1he Blueprint Commission and the Supreme Court Committee on Mental Heal1h also endorse HB 525 which was en route to 1he Heal1hcare Council and then to Policy and Budget as ofthis writing. Also, F AC reported 1hat the Senate companion, SB 1456 by Sen. Wilson, was discussed in 1he March 13 Criminal Justice Appropriations Committee and endorsed by the Department of Corrections as a critical component of reducing and containing medical costs. The Senate bill has four committee references, beginning wi1h Healthcare Policy. Wi1h passage ofHB 525, by suspending versus terminating 1he inmate's eligibility, he/she upon release is immediately covered under the same benefIts as prior to incarceration. Passage of this Resolution in support ofHB 525 promotes a continuum of services 1hus reducing tax dollars needed for corrections at the state and local level. FISCAL IMPACT: There is no fiscal impact associated with this executive summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated wi1h this executive summary. LEGAL CONSIDERATIONS: There are no legal considerations associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners approves a resolution supporting proposed legislation (HB 525) addressing loss of federal entitlement benefIts for inmates by adopting a policy that they would remain enrolled in Medicare or Medicaid on a suspended status if incarcerated less than a year. Prepared by Debbie Wight, Assistant to the County Manager Page I of 1 Agenda Item No. 16F3 March 25, 2008 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F3 Recommendation to approve a Resolution that supports proposed legislation (HB 525) addressing loss of federal entitlement benefits fOf inmates which would adopt the policy that they would remain enrolled in Medicare or Medicaid on a suspended status if incarcerated less than a year. Meeting Date: 3/25/2008 9:0000 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/18/2008 1 :56 PM fiJe://C:\AgendaTest\Export\ I 03_March%2025,%202008\16.%20CONSENT%20AGENDA \... 3/19/2008 Agenda Item No. 16F3 March 25. 2008 Page 4 of 11 Resolution No. 2008 - LOSS OF FEDERAL ENTITLEMENT BENEFITS WHEREAS, U.S. Code of Federal Regulations, Title 42, Part 435.1008 states that federal financial participation (FFP) is not available in expenditures for services provided to individuals who are inmates of public institutions; and WHEREAS, States being unable to assume the federal share of providing medical services to FFP eligible persons being held in county jails and detention facilities, tend to terminate or sometimes suspend eligibility; and WHEREAS, this immediate cessation of benefits occurs prior to the issuance of formal charges or conviction; and WHEREAS, counties must provide medical services to all persons incarcerated in local jails and detention facilities; and WHEREAS, as the result of this regulation to immediately cease FFP for medical benefits, all costs of medical care must be borne solely by counties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA requests and strongly urges Congress to amend necessary federal statutes to allow federal financial participation for medical benefits to incarcerated individuals until convicted and sentenced to secure detention. DULY PASSED AND ENACTED by the Board of County Commissioners, Collier County. Florida, this _ day of , 2008. DATE; ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By; TOM HENNING, CHAIRMAN Approved as to form and legal SUfficiency; Assistant Collier County Attorney Agenda Item No. 16F3 March 25, 2008 Page 5 of 11 ~ FLORIDA '\.",:""!()(! .'Il!( )"~ (iF COUNTIES .-\H ~.o\"Ofi.t FToddd STOP the "GAP". SUPPORT HB 525 By Rep. Roberson Health Innovation Tuesday March 11, 2008 8:00 am . Federal law permits states to decide whether inmates should have their entitlement benefits terminated or suspended upon incarceration, . HB 525 would adopt the policy that inmates remain enrolled in Medicare or Medicaid on a "suspended" statlls if an inmate is incarcerated for less than a year. Medical services received while in jail are paid for by the county and will continue to be paid for by the county even if this legislation passes, . The application process to receive entitlement benefits takes a minimum of 90 days to qualify through local, state and federal government efforts, Suspending versus terminating eligibility would eliminate all of this bureaucracy and duplicative paperwork for those who come into our jails and prisons for a period of less than a year. . Suspending versus terminating eligibility stops the unnecessary "gap" that currently exists between being released and actually receiving benefits once again. This break down in the continuum of care creates a cycle of inefficient government spending. During the minimum 90 day interim folks go off their medication because they cannot afford it and are more likely to reoffend - which is one of the primary reasons we see so many "frequent flyers" in our criminal justice system who have mental health and substance abuse problems. . By suspending versus terminating the inmate's eligibility we can ensure that upon release he/she is immediately covered under the same benefits as prior to incarceration, . Supported by the Blueprint Commission chaired by Frank Brogan, the Supreme Court recommendations, the Florida Mental Health and Substance Abuse Corporation (DC F), American Bar Association, Partners in Crisis and the Florida Sheriffs Association. VOTE yes on HB 525 and promote a continuum of services that statistically has been proven to reduce recidivism thus reducing the tax dollars needed for corrections at the state and local level at the federal government's expense. If you have any questions, please contact Amanda Ghaffari with the Florida Association of Counties at aahaffari@fI-coul1ties.com or 850--228-7922. LobbyTools Agenda It!?it8~d. lJ'ti23 March 25, 2008 Page 6 of 11 '~J' · I rrl 1"'-""''''. Contacts ~ 'J'J'9~, News Tracking Analyst LobbYist Re9i~QMAer Q~inljij~)Vernment Deblllie Wight (log oUI) Research Home Bills / PCBs Statutes Calendars Legislators - Senate - House Committees - Senate House - Joint Reports Your Bill Reports Bill Comparison House Actions Senate Actions Amendments Filed Enrolled Bills Mailing Labels Session Live Find 2008 Bill 'GOI Your Folders l:"'lAdministratiVe ServIces ,_I Budget 2-1 Communication ',---I Community Development 2.c1 Elections ''::-.J Emergency Services CJ Eminent Domain 12:.1 Franchise/Utilities :"':"',1 Growth Management ,.2J Impact Fees .:'! Property Appraiser C..! Public Services L:J Public Utilities _I School Board :~~ISheriff _.I Tax Collector JTourism My Account ~ Email To Friend I ~ Print Format I ,,) Favorites I t.:l User Manual/ HB 525 - Relating to Medical Assistance Eligibility of Inmates - 2008 Sponsor(s) by RObeCsgrr CoSponsors: );t~QCoss3vlindirr9211, Gibt>pJ]!> Tagged to: -- [Add To Folder] tl Summary General Medical Assistance Eligibility of Inmates: Provides for suspension of medical assistance for certain incarcerated persons while such persons are inmates; provides exception; provides for eligibility following release from incarceration; provides that, to extent permitted under federal law, time during which such person is an inmate shall not be included in any calculation of when the person must recertify his or her eligibility. Effective Date: July 1, 2008 Actions Date Chamber 01/14/08 HOUSE 01/23/08 HOUSE 01128/08 HOUSE Action Filed Referred to Healthcare Council; Policy & Budget Council Referred to Committee on Health Innovation by Healthcare Council On Committee agenda - Health Innovation, 03111/08, 8:00 am, 212 K 03/07/08 HOUSE Identical Bills SEUA56 - Relating to Inmates/Medical Assistance/Medicaid by \I\IilsPD 02/21/08 SENATE Referred to Health Policy; Criminal Justice; Health and Human Services Appropriations; Criminal and Civil Justice Appropriations Bill Text and Filed Amendments @ H 0525 No amendments to this bill text. 01/14/08 [TEX-TI ~ PQf] Staff Analysis No analysis of this bill. Vote History No vote history for this bill. Related Documents No related documents. Statute Citations 409 9025 Codes and Comments [Hide Comments] http://lobbytools.comltools/t.cfm ?a=bills&b=surnmary &sessionid=22&billnum=525 3/1012008 F LOR D A HOUSE o F R E PRE S E Agenda Item No. 16F3 March 25, 2008 Page 7 of 11 NTATIVES HB 525 2008 1 A bill to be entitled 2 An act relating to medical assistance eligibility of 3 inmates; creating s. 409.9025, F.S.; providing for 4 suspension of medical assistance for certain incarcerated 5 persons while such persons are inmates; providing an 6 exception; providing for eligibility following release 7 from incarceration; providing that, to the extent 8 permitted under federal law, the time during which such 9 person is an inmate shall not be included in any 10 calculation of when the person must recertify his or her 11 eligibility; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 409.9025, Florida Statutes, is created 16 to read: 17 409.9025 Eligibility while inmate.-- 18 (1) Notwithstanding any other provision of law other than 19 s. 409.9021, in the event that a person who is an inmate in the 20 state's correctional system as defined in s. 944.02, in a county 21 detention facility as defined in s. 951.23, or in a municipal 22 detention facility as defined in s. 951.23 was in receipt of 23 medical assistance under this chapter immediately prior to being 24 admitted as an inmate, such person shall remain eligible for 25 medical assistance while an inmate, except that no medical 26 assistance shall be furnished under this chapter for any care, 27 services, or supplies provided during such time as the person is 28 an inmate; however, nothing in this section shall be deemed as Page 1 of2 CODING: Words stricken are deletions; words underlined are additions. hb0525-00 FLORIDA H 0 USE o F R E PRE Agenda Item No. 16F3 March 25, 2008 Page 8 of 11 SENTATIVES HB 525 2008 29 preventing the provision of medical assistance for inpatient 30 hospital services furnished to an inmate at a hospital outside 31 of the premises of the inmate's facility to the extent that 32 federal financial participa!ion is available for the costs of 33 such services. 34 (2) Upon release from incarceration, such person shall 35 continue to be eligible for receipt of medical assistance 36 furnished under this chapter until such time as the person is 37 otherwise determined to no longer be eligible for such 38 assistance. 39 (3) To the extent permitted by federal law, the time 40 during which such person is an inmate shall not be included in 411 any calculation of when the person must recertify his or her 42 eliqibility for medical assistance in accordance with this 43 chapter. , 441 Section 2. This act shall take effect July 1, 2008. Page 2 of 2 CODING: Words stricken are deletions; words underlined are additions. hb0525-00 l" '. Page I of3 Agenda Item No. 16F3 March 25, 2008 Page 9 of 11 muddj From: muddj Sent: Friday, November 30, 2007 6: 13 PM To: wight_d Subject: FW: Loss of Federal Entitlement Benefits FYI. ---_......,_.,.~".""_.,-'"---- -,+._--~-_._'-~ From: ColettaJim Sent: Friday, November 30,20076:05 PM To: mudd.J Cc: ResniCkLisa Subject: FW: Loss of Federal Entitlement Benefits Jim Mudd Lets talk about this at our next one on one. Thank you. Jim Coletta, Chairman Commissioner, DEstrkt 5 Collier County Government 3301 E. Tamiami Trail Naples, FL 34119 Phone (239) 774-8391 I Fax (239) 774-3602 jimcolgUa@col!iergov.net Please note: Florida has II very broad public records law. Most written communications to or from officials regarding county business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. _._--"-~~~-'---'~'-'-- .._-,--------------_.._._-,._-~.._-~_. From: Lieberman, Ilene [mallto:ILIEBERMAN@broward.orgj Sent: Friday, November 30, 2007 10:21 AM To: ColettaJim Subject: Loss of Federal Entitlement Benefits November 30, 2007 Dear Commissioner Coletta: RE: Loss of Federal Entitlement Benefits I was surprised to leam some time ago that currently a person incarcerated in a county jailor juvenile detention center in nearly all states is ineligible to retain Medicare and Medicaid benefits or Social Security Disability Insurance (S501) once they enter the facility. U. S. Code of Federal Regulations, Title 42, Part 435.1009 states that Federal Financial Participation (FFP) is not available for services provided to individuals who are inmates of public institutions. As a consequence, the cost of medical care for these inmates becomes a non-federal responsibility (typically bom by county govemments) upon arrest and detention. The cost to counties for persons who would otherwise be receiving federal entitlement payments is Significant based on county estimates. The vast majority of states are unable 2/22/2008 Page 2 oD ........ '. Agenda Item No. 16F3 March 25, 2008 Page 10 of 11 to provide the non-federal cost of providing medical services to FFP eligible persons and tend to terminate or sometimes suspend eligibility, If the individual has been terminated from these programs, it may take months for these federal benefits to be restored once they leave the institution. In fact, there is an immediate cessation of benefits prior to the issuance of formal charges or conviction. Yet our country is founded on the presumption of innocence. Many people awaiting trial who are charged with crimes are released upon posting of bond, released on their own recognizance, released under house arrest or other alternative means of detention. These accused people (who have not been convicted of a covered crime) continue to be eligible for benefits under Medicare, Medicaid, or 5501 while awaiting trial. Some individuals who are charged with crimes and incarcerated in county jails are ultimately acquitted of the crime or the charges may be dropped and the individual released. Nonetheless, because they remain in jail until trial, these innocent individuals lose their benefits. All individuals who are eligible for medical benefits prior to arrest should continue to be eligible until such time as they have been convicted of a crime and become a ward of the state or county, Counties have found that the cessation (however temporary) of their benefits leads directly to further criminal activity, perpetuating a cycle of their being in and out of the justice system. Health and income support benefits for this class of people should continue until the point of actual incarceration. Congressmen Wexler and Hastings have asked the federal government to consider changes to federal regulation and statute. I hope you will consider supporting their efforts by passing the resolution drafted below. Thank you, and please feel free to contact me if I may provide additional information. Ilene Lieberman Broward County Commissioner FAC Second Vice President Loss of Federal Entitlement Benefits Draft Resolution WHEREAS, U.S. Code of Federal Regulations, Title 42, Part 435.1009 states that federal financial participation (FFP) is not available in expenditures for services provided to individuals who are inmates of public institutions, and WHEREAS, States being unable to assume the federal share of providing medical services to FFP eligible persons being held in county jails and detention facilities, tend to terminate or sometimes suspend eligibility, and WHEREAS, this immediate cessation of benefits occurs prior to the issuance offormal charges or conviction, and WHEREAS, counties must provide medical services to all persons incarcerated in local jails 2/22/2008 I '. Page 3 of3 Agenda Item No. 16F3 March 25, 2008 Page 11 of 11 and detention facilities, and WHEREAS, as the result of this regulation to immediately cease FFP for medical benefits, all costs of medical care must be borne solely by counties; NOW THEREFORE BE IT RESOLVED that the Board of requests and strongly urges Congress to amend necessary federal regulation to allow federal financial participation for medical benefits to incarcerated individuals until convicted and sentenced to secure detention. 2/22/2008