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Position Statements

Health Care Funding for Incarcerated Youth

Background
As reported by the AMA Council on Scientific Affairs, Journal of American Medical Association:
"Youth who are detained or incarcerated in correctional facilities represent a medically undeserved population that is at high risk for a variety of medical and emotional disorders. These youth not only have a substantial number of pre-existing health problems, they also develop acute problems that are associated with their arrest and with the environment of the correctional facility... Indicative of both their personal behavior and their lack of adequate prior health care services, youth in correctional institutions have a greater than expected rate of selected physical and emotional problems, such as substance abuse, sexually transmitted diseases, unplanned pregnancies, and psychiatric disorders." (JAMA, 1990)

In the United States, the number of juveniles (aged 10 to 17 years) in custody increased 25% from 80,091 to 99,846 from 1983 through 1989. (CDC, 1992). Annually, more than 600,000 youth are admitted to public detention facilities. These children are admitted with substantial existing physical and emotional problem caused by a variety of factors, including past physical and psychosocial insults, life-style habits, and lack of prior health care. A variety of studies reported through the Academy of Pediatrics, the American Society of Adolescent Medicine, the American Public Health Association, and the National Commission on Correctional Health Care have shown that upon admission to the juvenile facility, about 33% have a history of sexually transmitted diseases; 20% report having parented a child, another 10% of the girls are pregnant, and 10% have gonorrhea. In addition, juveniles also have a high rate of alcohol and other drug abuse including tobacco abuse. Prior to arrest and incarceration, these children typically do not seek medical assistance until their symptoms become extreme, and are usually treated in an emergency room.  They also lack a regular source of coordinated health care prior to incarceration.

Medicaid in Juvenile Detention and Confinement Facilities
Young people incarcerated in juvenile detention and confinement facilities eventually return to their communities hopefully to live productive, and healthy, lives. It is, therefore, important to provide needed health care services, including early diagnosis and treatment for communicable diseases, that address their unique needs. The likelihood that needed health care will be provided is, however, contingent upon the availability of funding for these health services. Children who are placed in foster homes, private residential facilities, or group homes remain eligible for Medicaid assuring that the federal and local governments share in the cost of required health care.

Until 1984, federal regulations allowed correctional institutions to bill for health services provided to incarcerated youth who were eligible for Medicaid for the month of their arrest and the month of their discharge. After 1984, the regulations were changed to disallow any federal reimbursement for health services to incarcerated individuals. This action shifted the responsibility for financing needed health care entirely to local governments (e.g., states, counties, cities) and, owing to a reduction in federal funding, in many instances results in inequities in the quality of care available to youth.  Children in public, as compared to private, facilities are mostly poor, minority, and from dysfunctional families. They are, therefore, particularly affected by their ineligibility while children in private facilities continue to be eligible for Medicaid.

Position Statement
America's future depends on the health of all of our children. Incarcerated youth represent an especially vulnerable population whose lives are at high risk for illness and disability. Early diagnosis and treatment is essential. The National Commission urges equality in access and funding for health care and, therefore, recommends that all youth in public and private confinement and detention facilities remain eligible for all public (e.g., Medicaid) and private health care coverage consistent with state and local eligibility requirements.

All of America's youth deserve the opportunity for equal access to health care regardless of placement in public or private facilities.

Adopted by the National Commission on Correctional Health Care Board of Directors
March 21, 1993

References
AMA Council on Scientific Affairs, Journal of the American Medical Association, February, 1990, pp. 987-88.

Centers for Disease Control and Prevention, MMWR, June 5, 1990, p. 22.

 
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