The law specifically excludes people who are 'incarcerated, other than incarceration pending the disposition of charges' – legal language referring to the two-thirds of county jail inmates who have been denied bail or can't afford to post a bond to gain release before trial.
'This provision,' says Correctional Risk, Inc., a criminal justice consultancy, 'will likely allow eligible inmates who are pending disposition of charges to enroll in a health insurance plan through their state insurance exchange prior to conviction.'
Not everyone thinks this is a good thing, particularly congressional Republicans who want to see the Obamacare law's net cost to he federal government go down, not up.
'We just found out that Obamacare is going to cost $2 trillion over 10 years,' an aide to a Republican senator, who requested anonymity, told MailOnline on Thursday. 'Now we're going to have local governments picking our pockets to pay for their jail inmates? What a disgrace.'
'It makes you wonder,' the Senate staffer said, 'when the president gets excited about enrolling a few million people: How many of them are criminals?'
Obamacare excludes convicts, but opens a loophole for officials who want to avoid using their own budgets to help sick prisoners