The transition from incarceration back into society can be fraught with challenges, particularly for individuals battling addiction. This critical period is one that Jerome Dillard, a former inmate and advocate, has repeatedly observed to be a perilous time for many.
According to Dillard, “I just saw too many who came home and died from overdoses because they were not able to get the treatment or didn’t know how to go about getting the treatment for their addiction,” reflecting on his experiences with Ex-Incarcerated People Organizing of Wisconsin. A newly enacted law in Wisconsin aims to mitigate these risks by extending federal health care benefits to individuals in the months leading up to their release from incarceration.
Currently, federal regulations restrict Medicaid access for those incarcerated. However, states may seek waivers to ease these restrictions. Wisconsin’s law mandates that the state’s health department apply for such a waiver by January 1, 2027.
If approved, this waiver would allow Medicaid to cover eligible incarcerated individuals up to 90 days prior to their release, including services like case management and medication-assisted treatment for substance use disorders, as well as a 30-day supply of prescription drugs.
Wisconsin’s Department of Health Services (DHS) currently collaborates with the Department of Corrections to ensure inmates can apply for Medicaid before release, aiming for coverage to begin immediately upon their exit. This policy, as per DHS testimony, is intended to smooth the transition of care.
Dillard stresses the importance of this legislative move, stating, “Reentry should start before release. This bill is a practical, humane step that can save lives and strengthen our communities and get individuals the care that they need.”
While prisons and jails are already mandated to provide health care, the bill’s co-author Rep. Clint Moses, R-Menomonie, noted that this legislation would allow some costs to be offset by federal funds. “The savings generated through this federal match could be reinvested to expand treatment services and further reduce the financial burden on Wisconsin taxpayers,” Moses explained.
According to estimates from Wisconsin’s Department of Health Services, the law could cost the state’s Medicaid program approximately $8.7 million annually. Nonetheless, the Department of Corrections projects annual savings of over $750,000 for the prison system, with potential unspecified savings for local jails.
The legislation garnered bipartisan support, being signed into law by Democratic Governor Tony Evers. It passed the Assembly unanimously and moved through the Senate with only one dissenting vote.
Similar Medicaid waivers are already in place in over two dozen states, facilitating coverage for individuals nearing release from incarceration.
If you or someone you know is struggling with addiction, contact the Wisconsin Addiction Recovery Helpline at 211 or text your ZIP code to 898211. Additional resources are available at dhs.wisconsin.gov/opioids.
