Fast-moving bipartisan bill could provide continuity of care for incarcerated Wisconsinites approaching release

The Wisconsin State Capitol. Photograph by Margo Kirchner.

By Alexandria Staubach
 
A bill that could ensure continuity of care for those returning to the community from incarceration is moving at breakneck speed though the Legislature, as lawmakers scramble to catch up with other states having similar legislation already in place.
 
The bill, AB604/SB598 was introduced in the Assembly Oct. 29 and in the Senate the following day. In just two weeks it passed through a committee in the Senate and had a public hearing in the Assembly’s Committee on Mental Health and Substance Abuse Prevention.
 
Contrary to the speed with which the legislation is moving, the bill won’t benefit incarcerated Wisconsinites quite as quickly.
 
The bill would require the Wisconsin Department of Health Services to submit by Jan. 1, 2027 a request to the federal Department of Health and Human services for waiver of federal Medicaid law to allow coverage for certain care prior to an individual’s release from prison.
 
An imprisoned individual could then receive case management services and medication-assisted treatment for substance-use disorders during the 90 days before release, plus a 30-day supply of prescription medications for use after release.
 
Under current law, individuals can apply for Medicaid coverage while incarcerated, but they are not actually enrolled until their release date. The proposed changes would not change who is eligible; they instead would move up the coverage date for certain care to shortly before release.
 
“In rural areas, it can take weeks to see a primary care provider for medications and months to get behavioral services,” wrote the Wisconsin Counties Association in support of the bill. “When individuals are released without any support, outcomes are often poor,” the organization said.
 
 
With a waiver in place, the state would receive reimbursement under the Medicaid program during the 90-day prerelease window. Without the waiver, the cost for any such medical services before release falls entirely on state and local governments.
 
Written testimony from DHS suggests that a successful application for the federal funds would provide a “smoother care transition for incarcerated individuals,” and that prerelease coverage could reduce other Medicaid care costs, such as for inpatient stays.
 
The Medical College of Wisconsin called the bill “a critical step toward improving health outcomes for a vulnerable population and reducing the burden on state and local governments.”
 
“Nearly two-thirds of sentenced people in jails and 58 percent of those in state prison meet the clinical criteria for a substance abuse disorder, compared to just five percent of the general population,” wrote sponsor Rep. Clint P. Moses (R-Menomonie) in favor of the bill. He noted that “people leaving correctional facilities face up to a 40 times higher risk of overdose death within the first two weeks after release.”
 
Gaps in care after release “contribute to recidivism, overdoses, and higher costs to taxpayers,” he said. “The savings generated through this federal match could be reinvested to expand treatment services and further reduce the financial burden on Wisconsin taxpayers,” Moses said.
 
Nineteen other states have already enrolled in this federal matching program, which was introduced in 2023. States have to pass legislation permitting the waiver application.