Reevaluating State Medicaid Waivers Targeting the Reentry Population

Authors

• Benjamin A. Barsky, University of California College of the Law, San FranciscoFollow
• James René Jolin, University of Cambridge
• Meredith B. Rosenthal, Department of Health Policy and Management, Harvard T.H. Chan School of Public Health

Recommended Citation

Benjamin A. Barsky, James René Jolin, and Meredith B. Rosenthal, Reevaluating State Medicaid Waivers Targeting the Reentry Population, 6 JAMA Health F. (2025).
Available at: https://repository.uclawsf.edu/faculty_scholarship/2143

Publication Date

7-11-2025

Abstract

Carceral health policy is undergoing an unprecedented change. During the COVID-19 public health emergency, the US Congress considered legislation that would have enabled Medicaid to cover health services for incarcerated people 30 days before release. Although the effort ultimately stalled, another development has since emerged. In April 2023, the Centers for Medicare & Medicaid Services (CMS) issued guidance inviting states to apply for Medicaid waivers that would expand health services for incarcerated people during the period before their release to support their reentry into the community.These waivers require states to cover a minimum set of health benefits, including case management, medication-assisted treatment for substance use disorders, and a 30-day supply of prescription medications upon release. As of April 2025, 19 states have received approval from the CMS and 9 states have waivers pending.

This Viewpoint argues that, although encouraging, these developments have overlooked limitations. Legislation that expands Medicaid coverage in jails and prisons nationwide rather than on a state-by-state basis remains a more promising approach to improving health services for the reentry population.

Document Type

Article

Publication Title

JAMA Health Forum