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TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE 1 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Social Services Division of Social Services 60000 Incarcerated Individuals Medicaid Program Statutory Authority Patient Protection and Affordable Care Act (ACA, P.L.111-148, as amended) Inmates of a public institution who are held involuntarily may be enrolled in Medicaid, but Medicaid may not provide coverage for most services while the individual is detained. The inmate coverage exclusion applies to all Medicaid services provided to inmates, EXCEPT inpatient services provided in a medical institution. Medicaid regulations, 42 CFR 435.1009, limit payment for services for individuals residing in correctional institutions. Medicaid statute requires coverage of inpatient services for the incarcerated individual if he/she is admitted to a medical institution for 24 hours or more, per 42 USC § 1396d(a)(31)(A). Incarcerated individuals who apply for Medicaid may be required to enroll with a Managed Care Organization (MCO). Enrollment with an MCO while incarcerated allows for a smooth transition to full Medicaid benefits when the inmate is released from jail or prison if the inmate remains eligible for Medicaid after released. 60100 Incarcerated Individuals Definitions Eligible Juvenile - an individual who is under 21 years of age who was determined eligible for Medicaid or DHCP in any eligibility group before becoming an inmate of a public institution or while an inmate of a public institution. This also includes the Former Foster Care Children Group ages 18 or older and under age 26. Inmate - an individual of any age who is in custody and held involuntarily in a public institution under the operation of law enforcement authorities. Regardless of the label attached to any particular custody status, an important consideration of whether an individual is an "inmate" is the individual's legal ability to exercise personal freedom. Inmate of a Public Institution- Federal law defines an inmate of a public institution as "a person living in a public institution." Public Institution - Federal Law defines a public institution as "an institution that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control. A public institution includes a correctional institution." (See DSSM section 14120 for additional institution definitions) 29 DE Reg. 612 (01/01/26) 60200 Inmate residence An inmate is considered a resident of the state in which the crime was committed. This information will be obtained from the Medicaid application. For an inmate incarcerated by their home state but sent to an out of state public institution for any reason, including the home state not having capacity to house the individual, the home state remains the state of residence. Individuals who have committed a crime outside of their home state and are placed in a correctional institution in and by the state in which the crime was committed are considered be residents of that state while incarcerated. 60300 Financial Eligibility and Household Composition Financial Eligibility is determined based on modified adjusted gross income (MAGI) eligibility rules, or non-MAGI eligibility rules, depending on the individual's circumstances. There are no special rules or exceptions for incarcerated individuals. Follow income eligibility rules and household composition under section 16000 of the DSSM.

Office of the Registrar of Regulations, Legislative Council, State of Delaware