New research from the Center for Public Health Law Research (CPHLR) at Temple University Beasley School of Law reveals that justice-involved individuals still face legal barriers when seeking continuity of care through Medicaid coverage after their release from incarceration. This population is at a higher risk of overdose or death from opioid use disorder.
As of June 1, 2023, only 24 states have clear laws or regulations in place that facilitate the suspension of Medicaid status upon incarceration. This suspension is encouraged by the Centers for Medicare and Medicaid Services (CMS) to streamline the reenrollment process upon release.
Continuity of care is crucial for justice-involved individuals, given their high prevalence of infectious diseases, substance use disorders, and mental health needs. Jonathan Larsen, JD, MPP, Legal Program Manager at CPHLR and a lead researcher on the project, stresses the importance of facilitating care upon release to address public health concerns and combat the opioid epidemic.
The data also reveal that, as of July 1, 2023, Oregon remains the only state to fully decriminalize drug possession. Despite growing support for decriminalization, evidenced by increasing acceptance of marijuana decriminalization, no other states have joined Oregon in this effort. Drug possession offenses lead to the arrest of over one million people annually in the United States.
Criminalization of drug possession contributes to the marginalization of individuals with substance use disorders and leads to stark racial disparities. It also incurs significant financial costs. Furthermore, research suggests that decriminalization of drug possession does not increase overdose death rates.
The research conducted by CPHLR serves as a benchmark for monitoring state efforts to decriminalize drug possession. Jonathan Larsen emphasizes that while there hasn’t been a significant shift in decriminalization laws, more states are considering broader decriminalization alongside harm reduction, treatment, and other policy reforms to address the causes of the opioid epidemic.
The two datasets released by CPHLR provide valuable information on state laws regarding drug possession decriminalization and the impact of incarceration on Medicaid status. Access to Medicaid plays a crucial role in accessing care, including treatment for opioid use disorder, after release.
CPHLR’s research aligns with their ongoing commitment to improve and transform drug policy in the United States. In collaboration with FORE and the William S. and Christine S. Hall Center for Law and Health, CPHLR previously released a comprehensive list of 84 opportunities and six white papers proposing a transformative model for US drug policy. These efforts aim to address the complex challenges posed by drug addiction and improve the well-being of affected individuals.
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1. Source: Coherent Market Insights, Public sources, Desk research
2. We have leveraged AI tools to mine information and compile it