525 Not an Inmate



Revised 08/14/2020


Generally, a customer who is an inmate of a public institution may apply and qualify for AHCCCS while incarcerated. The customer cannot receive AHCCCS covered services until they are released.   Enrollment and services are suspended during any time the customer is considered an inmate.


Inmates of a public institution do not qualify for KidsCare.

When a customer is already receiving MA benefits and is incarcerated, see MA1502V for more information.





Inmate of a Public Institution

A person who is:

·        An inmate of a federal or state prison;

·        An inmate of a county, city, or tribal jail;

·        An inmate of a prison or jail, prior to arraignment, conviction, or sentencing;

·        Incarcerated but can leave prison on work release or work furlough, and must return at specific intervals;

·        A child in a juvenile detention center due to criminal activity or held as a material witness;

·        A person involuntarily placed in a secure treatment facility that is part of the criminal justice system.

Not an Inmate of a Public Institution

A person who is:

·        After arrest, but before booking, escorted by police to a hospital for medical treatment and held under guard;

·        Voluntarily living in a public institution;

·        Released on probation, parole, or a release order with the condition of home arrest, work release, community service, or medical treatment; or

·        Admitted as an inpatient to a medical institution;

·        A child held in a juvenile detention center for the care, protection, or in the best interest of the child, if there is a specific plan for that person that makes the stay at the detention center temporary;

·        A child on intensive probation with the condition of home arrest, treatment in a psychiatric hospital, or a residential treatment center, or outpatient treatment;

·        A child in a juvenile detention center after disposition when there is a plan to release the child to the community, and the release is only pending arrangements suitable to the child’s needs.

Public Institution

An institution that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control. The term “public institution” does NOT include:

·        Medical institutions;

·        Intermediate care facilities;

·        Publicly operated community residence that serves no more than 16 residents; or

·        State-licensed child care institutions for foster children that house no more than 25 children.

Voluntarily living in a public institution

Means living in a public institution by choice, not as an extension of incarceration. The person is free to leave the institution if they choose to.



If the customer is listed as an inmate on the application, accept the statement.  No further proof is needed. 

If current information or data matches show that the customer is an inmate, but the customer claims they are no longer an inmate, proof of release from incarceration is needed.  Proof includes:

·        Release papers;

·        The customer shows up in person to a local office; and

·        A telephone call to the jail, prison or detention facility confirming the person’s release.


Legal Authority

This requirement applies to the following program:


Legal Authorities






Caretaker Relative

Pregnant Woman


42 CFR 435.1009 - 1010

AAC R9-22-310

AAC R9-28-406

AAC R9-22-1915

AAC R9-22-2003


42 USC 1397jj(b)(2)(A)

42 CFR 457.310 (c)(2)(i)

ARS 36-2983(G)(4)

AAC R9-31-303(9)