23 Miss. Code. R. 102-9.8

Current through October 31, 2024

Rule 23-102-9.8 - Individuals Ineligible for Medicaid Due to Inmate Status

A. There are a variety of alternatives to traditional incarceration. An individual is considered an inmate of a penal institution as long a penal authorities remain responsible for providing (or arranging for provision of) food and shelter to the individual.

B. An individual is considered an inmate regardless of use of an alternative method of incarceration.

C. In addition, inmate status continues during period of authorized or unauthorized absence from the penal facility.

D. Inmate status is not terminated until the individual is paroled or otherwise unconditionally and permanently released.

E. Situations in which Medicaid is not available due inmate status:

1. Inmates who are sent to work on farms on a seasonal basis;

2. Inmates involuntarily residing at a wilderness or boot camp under governmental control; (If such a facility is privately owned and/or operated, residents may receive Medicaid, if they are otherwise eligible, based on home living arrangements.)

3. Individuals who are on home or work release for a temporary period of time or who have to report to the facility for incarceration at night or on weekends;

4. Individuals in correctional or holding facilities, who have been arrested or detained involuntarily and are awaiting trial and disposition of charges, or who are held under court order as material witnesses or juveniles;

5. Inmates involuntarily residing in half-way houses under governmental control;

6. Inmates receiving care on the premises of a prison, jail, detention center or other penal setting;

7. Inmates receiving outpatient care;

8. Escaped prisoners.

23 Miss. Code. R. 102-9.8

42 CFR 435.1009 (Rev. 2006).