On January 19, 2021, the Centers for Medicare & Medicaid Services (CMS) issued guidance to states emphasizing that states cannot terminate Medicaid eligibility for incarcerated juveniles and young adults. During the incarceration, states can suspend eligibility or benefits. They must promote continuity of Medicaid coverage for at-risk youth who are inmates of public institutions. The prohibition is due to provisions of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act).

The guidance was issued in a letter to state Medicaid directors. Under the SUPPORT Act of 2018, states cannot terminate . . .

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