Last month, the Centers for Medicare & Medicaid Services (CMS)
published a final rule that will improve access to Medicare for
justice-involved individuals who are in pre-trial status or who
are reentering the community. The CY
2025 Medicare Hospital Outpatient Prospective Payment System
final rule narrows Medicare’s “custody” definition, enabling
justice-involved individuals, including those on bail, parole,
probation, or home detention, to maintain access to Medicare
benefits.
The National Association of Counties (NACo)
advocated for a narrower definition of “in custody” to expand
access to healthcare services for justice-involved populations.
This updated definition will allow counties to connect
individuals reentering their communities with Medicare benefits,
resulting in lower uncompensated care costs and reduced
recidivism.
