About the Report of the Re-Entry Council

Policy Statement 24, Recommendation J

Ensure continued Medicaid coverage for TANF families with parents who are released from prison or jail.

States should ensure that qualifying individuals - both parents and children - remain enrolled in Medicaid, including those who are no longer eligible for TANF because of a criminal record. Medicaid eligibility is necessary for continued access to health care services by parents who have been released from prison or jail and whose children qualify for TANF benefits, as well as for the children themselves. The Centers for Medicare and Medicaid Services (CMS) require that states determine whether individuals and families may have incorrectly lost their Medicaid coverage when their TANF cases were closed. [1]   In a 1998 class action lawsuit, New York public assistance recipients challenged the automatic termination of their federal Medicaid benefits when their public assistance benefits were terminated as a sanction for alleged violation of welfare-to-work program requirements. The court approved a settlement of the case, which mandated restoration of Medicaid for those whose benefits were illegally terminated and provided for monitoring to ensure future unlawful terminations do not occur. [2]  

  1. US Department of Health and Human Services, Administration for Children and Families, Helping Families Achieve Self-Sufficiency: A Guide to Funding Services for Children and Families through the TANF Program (Washington, DC: 1999), available online at www.acf.dhhs.gov/programs/ofa/funds2.htm. back
  2. Mangracina v. Turner, 98 Civ. 5585 (S.D.N.Y. 1998). back
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