On April 10, 2024, HRSA released a DRAFT Health Center Program Policy Guidance Regarding Services to Support Transitions in Care for Justice-Involved Individuals Reentering the Community (PIN). Comments on this policy must be submitted by Friday, June 14, 2024, via the BPHC Contact Form (Policy > Comment on Draft Policy > Submit Draft JI-R Individuals Policy Feedback).

Additionally, HRSA announced the availability of $51 million for HRSA-funded health centers, marking the first-ever funding opportunity to implement innovative approaches to support transitions in care for people leaving incarceration.

Summary of HRSA Draft Policy

The draft policy sets forth guidance for health centers to provide certain health services within their HRSA-approved scope of project to incarcerated/detained individuals who are within 90 days of their scheduled or expected release from a carceral setting, which is described in the draft PIN as “justice-involved individuals reentering the community” (JI-R individuals).

In order for such activities to be in scope, the applicable service sites and activities must align with the health center’s scope of project and must be conducted on behalf of the health center. Criteria for such activities to be in scope include, but are not limited to, the following:

• The health center board approves the locations and the service(s) offered by the health center for the JI-R individuals;
• The health center provides services under the direction of the health center’s board;
• The health center provides services in accordance with its policies and procedures; and
• The health center provides services to such JI-R individuals regardless of the individuals’ ability to pay.

The draft PIN establishes that, under these carceral setting initiatives, health centers cannot assume the obligation of the carceral authority (i.e, the local or state government responsible for the care and custody of the JI-R individual) to provide health care to individuals under the carceral authority’s custody, nor any responsibility to administer the carceral authority’s medical program. Accordingly, a health center cannot contract with a carceral authority to provide medical services on behalf of the carceral authority as part of the Health Center Program scope of project. Such activities would be considered “an other line of business” outside the health center’s scope of project. The health center’s activities within a carceral setting would be separate and apart from the carceral authority’s medical program.

If you have questions regarding the HRSA Draft Policy, please contact Carrie B. Riley at criley@feldesman.com or 202.466.8960.