CAA 2023 Sections 5121 & 5122 - Juvenile Justice

The Centers for Medicare & Medicaid Services (CMS) issued guidance to address the statutory requirements in the Consolidated Appropriations Act, 2023 (CAA, 2023) (P.L. 117- 328), which was signed into law on December 29, 2022. The CAA, 2023 includes two provisions impacting the availability of certain state plan services for incarcerated youth in Medicaid and the Children’s Health Insurance Program (CHIP). The CAA, 2023 also includes another provision that modifies CHIP eligibility requirements for children who become incarcerated. All of these provisions are effective January 1, 2025.

States will need to submit Medicaid and CHIP state plan amendments (SPA) with an effective date no later than January 1, 2025, to implement the required coverage described in section 5121 of the CAA, 2023. States may submit a Medicaid and/or CHIP SPA with an effective date no earlier than January 1, 2025, to implement the optional coverage (regarding services during incarceration pending disposition) described in section 5122 of the CAA, 2023. When submitting SPAs for this coverage, states must be mindful of and ensure the policies, procedures, and processes developed to support implementation of these provisions do not effectuate a delay of an individual’s release or lead to increased involvement in the juvenile and adult justice systems.

• SHO # 24-004: Provision of Medicaid and CHIP Services to Incarcerated Youth
• CMCS All-State Call Slide Deck