Access to health care, including mental health and substance use disorder (MH/SUD) interventions and treatment is critical to successful reentry. A large number of individuals involved in the criminal legal system have untreated mental health and physical health issues. Better addressing these crucial health care needs reduces contact with the criminal legal system and improves transitions from carceral settings to the community. Access to health care upon reentry saves lives—for example, upon release from incarceration, individuals are 129 times more likely to die of a drug overdose in the first two weeks post-release than the general population.
Access to health care, including mental health and substance use disorder (MH/SUD) interventions and treatment is critical to successful reentry. A large number of individuals involved in the criminal legal system have untreated mental health and physical health issues. Better addressing these crucial health care needs reduces contact with the criminal legal system and improves transitions from carceral settings to the community. Access to health care upon reentry saves lives—for example, upon release from incarceration, individuals are 129 times more likely to die of a drug overdose in the first two weeks post-release than the general population.
Congress and federal regulators have an important role to play in strengthening Medicaid policy 
and practices for people involved in the criminal legal system. Providing Medicaid coverage prior to release for incarcerated individuals who otherwise would be eligible for Medicaid but for their incarceration is a first step toward increasing access to health care as well as improving health and reentry outcomes for people who are incarcerated.
To make such policy and practice a reality, the Reentry Working Group advocates for and supports the passage of the Reentry Act which would make it easier for states to provide effective health care services, promote smoother transitions from incarceration to community-based care, and reduce risk of overdose and other serious, life-threatening health issues post-release.
Congress and federal regulators have an important role to play in strengthening Medicaid policy and practices for people involved in the criminal legal system. Providing Medicaid coverage prior to release for incarcerated individuals who otherwise would be eligible for Medicaid but for their incarceration is a first step toward increasing access to health care as well as improving health and reentry outcomes for people who are incarcerated.
To make such policy and practice a reality, the Reentry Working Group advocates for and supports the passage of the Reentry Act which would make it easier for states to provide effective health care services, promote smoother transitions from incarceration to community-based care, and reduce risk of overdose and other serious, life-threatening health issues post-release.
Additionally, the Reentry Working Group encourages federal interagency collaboration at the Department of Health & Human Services (HHS) among the Centers for Medicare & Medicaid Services (CMS), the Substance Abuse and Mental Health Services Administration (SAMHSA), Centers for Disease Control and Prevention (CDC), and the Health Resources and Services Administration (HRSA), among others. Such collaboration is needed to facilitate robust implementation of the Reentry Act or any other initiatives to promote Medicaid coverage in non-expansion states.
To learn more about reentry health care policy and download related resources, please click through the tabs below.
Paving the Path to Healthier Reentry: How New Medicaid Policies Can Improve Mental Health and Substance Use Support as People Return to Communities
Issue brief published in October 2023 by the Health and Reentry Project and the National Alliance on Mental Illness. Download here
Issue brief published in April 2022 by Legal Action Center’s No Health No Justice project. Download here