23 MAC Pt. 102, R. 9.4
Inmate Status
Cite as 23 Miss. Admin. Code Pt. 102, R. 9.4
Inmate Status
A. An individual is an inmate if serving time for a criminal offense or is confined involuntarily in
a state or federal prison, jail, detention facility or other penal facility.
B. Individuals considered inmates include:
1. An individual of any age that is in custody and held involuntarily through operation of law
enforcement authorities in a public institution.
2. Individuals on home or work release for a temporary period of time who have to report to
the facility for incarceration at night or on weekends.
3. Individuals in correctional or holding facilities, who have been arrested or detained
involuntarily and are awaiting trial or disposition of charges or who are held under court
order.
4. Inmates who are sent to work on farms on a seasonal basis.
5. Escaped prisoners.
C. Inmate status is not terminated until the individual is paroled or otherwise unconditionally or
permanently released or pardoned and no longer resides in a penal setting.
D. Individuals not considered inmates who can qualify for full Medicaid benefits if otherwise
eligible include:
1. Paroled individuals and individuals on probation. Individuals in violation of the terms of
their parole or probation remain potentially eligible for Medicaid even though Supplement
Security Income (SSI) or Social Security benefits have been terminated due to fugitive
status. These individuals can qualify or continue to qualify for Medicaid unless or until
they are under direct control of the penal system, at which time they are considered inmates.
2. Individuals on house arrest or home release when not required to report to the public
institution for an overnight stay.
3. Individuals voluntarily living in a detention center, jail or penal facility after their case has
been adjudicated and other living arrangements have been made.
4. An individual placed in a public institution on a temporary emergency basis.
E. There is no difference between juveniles and adults when determining inmate status.