A Policy Brief for an 1135 Medicaid Waiver

As COVID-19 spreads throughout correctional facilities, there will be an urgent need for inpatient care of patients who develop serious complications. Over half of incarcerated people have a serious physical or behavioral health problem and many are over 60 years old.

Policymakers have specific tools available to them during a National Emergency declared by the president. Under section 1135 of the Social Security Act, the Health and Human Services Secretary may temporarily waive certain Medicare, Medicaid and CHIP requirements at the request of states.

On March 20, COCHS disseminated a policy brief (Addressing the Needs of Justice-Involved People During the COVID-19 Pandemic: An 1135 Waiver Approach) suggesting an 1135 waiver that provides guidance on how such waivers may offer potential solutions to the issue of accessing inpatient levels of care for incarcerated patients.