Washington, D.C. -  Today, Congresswoman Hilda L. Solis (D-CA), a member of the House Energy and Commerce Committee’s Subcommittee on Health and Chair of the Congressional Hispanic Caucus Task Force on Health and the Environment, introduced the Reinstatement of Enrollment for Medicaid Eligibility of Disadvantaged Youth (REMEDY) Act.  This legislation will ensure that our most vulnerable youth will be able to access health coverage when they are released from the juvenile justice system. 

“Access to mental health services is a crucial first step to reduce the number of young people in the juvenile justice system and improve their well-being,” said Congresswoman Solis.  “In Los Angeles County, 83 percent of incarcerated youth have mental health or substance abuse problems or both.  When our youth are released, many states force them and their families to go through the entire reapplication process and wait for health coverage.  This termination of eligibility results in lack of access to health services that are needed by our youth to achieve their full potential in society. My legislation is critical to ensuring that our youth do not fall between the health care cracks as they work to rebuild their lives.” 

Many states terminate Medicaid and State Children’s Health Insurance Program (SCHIP) eligibility for youth when they enter a correctional facility, which results in lost continuity of care.  Current law prohibits the payment of federal Medicaid funds for services provided to individuals in public institutions. However, federal law is unclear on eligibility during incarceration.  In 2004, the Centers for Medicare and Medicaid Services (CMS) issued a letter to State Medicaid Directors to encourage states to suspend, rather than terminate, Medicaid eligibility during an individual’s period of incarceration.  

“The REMEDY Act is critical in meeting the most basic needs of disadvantaged youth exiting the juvenile justice system,” said Victoria Wagner, CEO of the National Network for Youth. “This important legislation will ensure that these vulnerable youth have access to health and behavioral health services so that they can make a successful transition back to their families, schools, workplaces, and communities.”

Communities of color are disproportionately impacted by the abrupt loss of health coverage.  For example, in California, Latinos account for over 47 percent of all persons in juvenile detention centers.  The REMEDY Act would require States to suspend, rather than terminate, Medicaid enrollment for youth during the period the youth is an inmate at an institution. The legislation would also ensure the reinstatement of Medicaid and SCHIP benefits for eligible youth upon release from public institutions to provide necessary medical attention upon dismissal.  

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