Juvenile detention, medical

AN ACT Relating to the provision of medical assistance to 1
individuals in juvenile detention facilities; amending RCW 74.09.555 2
and 9.94.049; reenacting and amending RCW 74.09.670; creating new 3
sections; and providing an expiration date. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 74.09.670 and 2021 c 243 s 2 and 2021 c 166 s 2 are 6
each reenacted and amended to read as follows: 7
(1) Except as provided in subsection (2) of this section, when 8
the authority receives information that a person enrolled in medical 9
assistance is confined in a setting in which federal financial 10
participation is disallowed by the state's agreements with the 11
federal government, the authority shall suspend, rather than 12
terminate, medical assistance benefits for these persons, including 13
those who are ((incarcerated)): Incarcerated in a correctional 14
institution as defined in RCW 9.94.049, confined in an institution or 15
facility operated by the department of children, youth, and families, 16
confined in a county juvenile detention facility, or committed to a 17
state hospital or other treatment facility. A person who is not 18
currently enrolled in medical assistance must be allowed to apply for 19
medical assistance in suspense status during confinement, and the 20
S-0407.2
SENATE BILL 5128
State of Washington 69th Legislature 2025 Regular Session
By Senators C. Wilson, Hasegawa, Nobles, Saldaña, Valdez, and Wellman
Prefiled 01/02/25. Read first time 01/13/25. Referred to Committee
on Human Services.
p. 1 SB 5128
ability to apply may not depend upon knowledge of the release or 1
discharge date of the person. 2
(2)(a) During the first 29 days of a person's incarceration or 3
confinement in a correctional institution, as defined in RCW 4
9.94.049, in an institution or facility operated by the department of 5
children, youth, and families, or in a county juvenile detention 6
facility: 7
(i) A person's incarceration or confinement status may not affect 8
the person's enrollment in medical assistance if the person was 9
enrolled in medical assistance at the time of incarceration or 10
confinement; and 11
(ii) A person not enrolled in medical assistance at the time of 12
incarceration or confinement must have the ability to apply for 13
medical assistance during incarceration or confinement, which may not 14
depend on knowledge of the release date of the person. If the person 15
is enrolled in medical assistance during the first 29 days of the 16
person's incarceration or confinement , the person's incarceration or 17
confinement status may not affect the person's enrollment in medical 18
assistance. 19
(b) After the first 29 days of the person's incarceration or 20
confinement, the person's medical assistance status is subject to 21
suspension or application in suspense status under subsection (1) of 22
this section. 23
(3) "Detention facility" has the same meaning as defined in RCW 24
13.40.020.25
Sec. 2. RCW 74.09.555 and 2021 c 243 s 3 are each amended to 26
read as follows: 27
(1) The authority shall adopt rules and policies providing that 28
when persons who were enrolled in medical assistance immediately 29
prior to confinement, or who become enrolled in medical assistance in 30
suspense status during the period of confinement, are released from 31
confinement, their medical assistance coverage shall be fully 32
reinstated no later than at the moment of their release, subject to 33
any expedited review of their continued eligibility for medical 34
assistance coverage that is required under federal or state law. The 35
authority may reinstate medical assistance prior to the day of 36
release provided that no federal funds are expended for any purpose 37
that is not authorized by the state's agreements with the federal 38
government. 39
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(2) The authority, in collaboration with the Washington 1
association of sheriffs and police chiefs, the department of 2
corrections, the department of children, youth, and families, managed 3
care organizations, county juvenile detention facilities, and 4
behavioral health administrative services organizations, shall 5
establish procedures for coordination between the authority and 6
department field offices, institutions for mental disease, ((and)) 7
correctional institutions, as defined in RCW 9.94.049, institutions 8
or facilities operated by the department of children, youth, and 9
families, and county juvenile detention facilities, that result in 10
prompt reinstatement of eligibility and speedy eligibility 11
determinations for medical assistance services upon release from 12
confinement. Procedures developed under this subsection must address:13
(a) Mechanisms for receiving medical assistance services 14
applications on behalf of confined persons in anticipation of their 15
release from confinement; 16
(b) Expeditious review of applications filed by or on behalf of 17
confined persons and, to the extent practicable, completion of the 18
review before the person is released; 19
(c) Mechanisms for providing medical assistance services identity 20
cards to persons eligible for medical assistance services before 21
their release from confinement; 22
(d) Coordination with the federal social security administration, 23
through interagency agreements or otherwise, to expedite processing 24
of applications for federal supplemental security income or social 25
security disability benefits, including federal acceptance of 26
applications on behalf of confined persons; and 27
(e) Assuring that notification of the person's release date, 28
current location, and other appropriate information is provided to 29
the person's managed care organization before the person's scheduled 30
release from confinement, or as soon as practicable thereafter.31
(3) Where medical or psychiatric examinations during a person's 32
confinement indicate that the person is disabled, the correctional 33
institution ((or)), institution for mental diseases , institution or 34
facility operated by the department of children, youth, and families, 35
or county juvenile detention facility shall provide the authority 36
with that information for purposes of making medical assistance 37
eligibility and enrollment determinations prior to the person's 38
release from confinement. The authority shall, to the maximum extent 39
permitted by federal law, use the examination in making its 40
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determination whether the person is disabled and eligible for medical 1
assistance. 2
(4) For purposes of this section, "confined" or "confinement" 3
means incarcerated in a correctional institution, as defined in RCW 4
9.94.049, held in an institution or facility operated by the 5
department of children, youth, and families or a county juvenile 6
detention facility, or admitted to an institute for mental disease, 7
as defined in 42 C.F.R. part 435, Sec. 1009 on July 24, 2005.8
(5) The economic services administration within the department 9
shall adopt standardized statewide screening and application 10
practices and forms designed to facilitate the application of a 11
confined person for medicaid. 12
Sec. 3. RCW 9.94.049 and 2021 c 243 s 5 are each amended to read 13
as follows: 14
(1) For the purposes of this chapter, the term "correctional 15
institution" means any place designated by law for the keeping of 16
persons held in custody under process of law, or under lawful arrest, 17
including state prisons, county and local jails, ((juvenile detention 18
centers,)) and other facilities operated by the department of 19
corrections((, department of children, youth, and families, )) or 20
local governmental units primarily for the purposes of punishment, 21
correction, or rehabilitation following conviction ((or 22
adjudication)) of a criminal offense. 23
(2) For the purposes of RCW 9.94.043 and 9.94.045, "state 24
correctional institution" means all state correctional facilities 25
under the supervision of the secretary of the department of 26
corrections used solely for the purpose of confinement of convicted 27
felons. 28
NEW SECTION. Sec. 4. The health care authority shall 29
collaborate with managed care organizations, the department of 30
children, youth, and families, and detention facilities, as defined 31
in RCW 13.40.020, to implement section 5121 of the Consolidated 32
Appropriations Act of 2023 (Public Law 117-328) that requires the 33
provision of:34
(1) Screening and diagnostic services to eligible juveniles in 35
the 30 days prior to release, or not later than one week or as soon 36
as practicable after release; and 37
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(2) Targeted case management services for a minimum of 30 days 1
prior to release and for at least 30 days or as medically necessary 2
following release to connect juveniles with services and providers in 3
the geographic area where the eligible juvenile will be residing upon 4
release, when possible. 5
NEW SECTION. Sec. 5. The health care authority shall leverage 6
existing resources, development plans, and funding as part of its 7
other medical assistance programs, including the section 1115 8
demonstration waiver and reentry services initiative approved by the 9
federal department of health and human services on June 30, 2023.10
NEW SECTION. Sec. 6. By December 1, 2025, and in compliance 11
with RCW 43.01.036, the health care authority shall submit a report 12
to the governor and the legislature on:13
(1) The status of the authority's operational plan to implement 14
section 5121 of the Consolidated Appropriations Act of 2023 (Public 15
Law 117-328); 16
(2) A summary of the authority's collaboration efforts with 17
managed care organizations, the department of children, youth, and 18
families, and detention facilities as defined in RCW 13.40.020, and 19
the identification of any barriers or challenges to providing 20
services to eligible juveniles across the state; and21
(3) The feasibility of providing coverage for optional services 22
under section 5122 of the Consolidated Appropriations Act of 2023 23
(Public Law 117-328) for the full period of incarceration pending 24
disposition of charges. 25
NEW SECTION. Sec. 7. Sections 4 through 6 of this act expire 26
July 1, 2026.27
NEW SECTION. Sec. 8. If any part of this act is found to be in 28
conflict with federal requirements that are a prescribed condition to 29
the allocation of federal funds to the state, the conflicting part of 30
this act is inoperative solely to the extent of the conflict and with 31
respect to the agencies directly affected, and this finding does not 32
affect the operation of the remainder of this act in its application 33
to the agencies concerned. Rules adopted under this act must meet 34
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federal requirements that are a necessary condition to the receipt of 1
federal funds by the state. 2
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