ASAM Signs On to Letter Asking HHS to Change Medicare Custody Definition

On January 18th, ASAM joined over 60 organizations asking the Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS) to change Medicare's custody definition to permit coverage for older adults and people with disabilities who are living in the community after incarceration or have other history with the criminal legal system. Currently, Medicare's custody definition excludes from coverage individuals who are "in custody under a penal authority," based on the assumption that these individuals are receiving care from a correctional entity. Individuals under a penal authority, according to Medicare regulations, include those on parole, probation, bail, or supervised release, which is an inconsistency within Medicaid regulations.

Read the letter here.