I 

111TH CONGRESS 

1ST SESSION H. R. 2209 

To amend titles XVI, XVIII, XIX, and XXI of the Social Security Act 

to remove limitations on Medicaid, Medicare, SSI, and SCHIP benefits 

for persons in custody pending disposition of charges. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2009 

Mr. HASTINGS of Florida (for himself, Mr. HOLT, Mr. BURGESS, Ms. LEE

of California, Mr. WEXLER, Mr. PETERSON, Mrs. CHRISTENSEN, Mr. 

GRIJALVA, Mr. MORAN of Virginia, Ms. MCCOLLUM, Mr. ELLSWORTH, 

Ms. GRANGER, Mr. MEEK of Florida, Mr. FATTAH, and Ms. WASSERMAN

SCHULTZ) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To amend titles XVI, XVIII, XIX, and XXI of the Social 

Security Act to remove limitations on Medicaid, Medicare, SSI, and SCHIP benefits for persons in custody 

pending disposition of charges. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restoring the Partner5 ship for County Health Care Costs Act of 2009’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The United States Supreme Court has in4 terpreted the 8th Amendment to require govern5 mental entities to provide medical care to persons in6 voluntarily confined in jails, detention centers, and 

7 prisons. 

8 (2) The Federal Government does not provide 

9 benefits under the Medicare, Medicaid, Supplemental 

10 Security Income (SSI), or State Children’s Health 

11 Insurance (SCHIP) Program health benefits to in12 mates even if the person is awaiting trial in jail and 

13 has not been convicted. However, beneficiaries who 

14 are released after posting bond, or who are released 

15 under their own recognizance, or who are released 

16 under house arrest may continue to receive Medi17 care, Medicaid, SSI, and SCHIP benefits. 

18 (3) The cost of providing health care in prisons 

19 and jails has increased exponentially due in part to 

20 high incarceration rates, infectious diseases, chronic 

21 conditions, substance abuse treatment, mental ill22 ness, aging prison populations, rising prescription 

23 drug costs, and mandatory sentencing laws. 

24 (4) Providing health care for inmates con25 stitutes a major portion of local jail operating costs. 

26 Requiring county governments to cover health care 


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1 costs for inmates who have not been convicted places 

2 an unnecessary burden on local governments who 

3 have been negatively impacted by recession, wide4 spread budget deficits, and cuts to safety net pro5 grams and services. 

6 (5) Jails generally have a higher instance of 

7 mentally ill inmates because jails frequently serve as 

8 holding places for low-income persons who are wait9 ing placement in a mental facility and for mentally 

10 ill persons who commit nuisance crimes because of 

11 inadequate access to treatment in their communities. 

12 (6) The rising cost of bail has also contributed 

13 to an overall increase in the jail population and 

14 health care costs for inmates. The high cost of bail 

15 has contributed to the disproportionate rate of incar16 ceration among African-Americans and Latinos. 

17 (7) Terminating benefits to people in county 

18 jails who are awaiting trial violates the presumption 

19 of innocence, because it does not distinguish between 

20 persons awaiting disposition of charges and those 

21 who have been duly convicted and sentenced. 

22 (8) Otherwise eligible individuals who have been 

23 charged with a crime and incarcerated, but not con24 victed, should continue to be eligible for Federal 

25 health benefits, such as Medicare, Medicaid, SSI, or 


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1 SCHIP, until such time as they may be convicted 

2 and sentenced to an institution. SSI payments 

3 should be held until the inmate has been acquitted 

4 and released, or until the inmate has completed his 

5 or her sentence and been released. 

6 SEC. 3. REMOVAL OF INMATE LIMITATION ON BENEFITS 

7 UNDER MEDICAID, MEDICARE, SSI, AND 

8 SCHIP. 

9 (a) MEDICAID.—The subdivision A of section 1905(a) 

10 of the Social Security Act (42 U.S.C. 1396d(a)) that fol11 lows paragraph (28) is amended by inserting ‘‘or in cus12 tody pending disposition of charges’’ after ‘‘patient in a 

13 medical institution’’. 

14 (b) MEDICARE.—Section 1862(a)(3) of such Act (42 

15 U.S.C. 1395y(a)(3)) is amended by inserting ‘‘in the case 

16 of services furnished to individuals who are in custody 

17 pending disposition of charges,’’ after ‘‘1880(e)’’. 

18 (c) SSI.—Section 1611(e)(1) of such Act (42 U.S.C. 

19 1382(e)(1)) is amended by adding at the end the following 

20 new subparagraph: 

21 ‘‘(K)(i) As used in subparagraph (A), the term ‘in22 mate of a public institution’ does not include an individual 

23 who is in custody pending disposition of charges. 

24 ‘‘(ii) In the case of an individual who is an eligible 

25 individual or eligible spouse for purposes of this title only 


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1 because of the application of the definition in clause (i), 

2 any supplemental security income benefits otherwise pay3 able shall be withheld until such time as the individual 

4 is no longer either in custody pending disposition of 

5 charges or an inmate of a public institution or shall be 

6 paid to the individual’s estate if the individual dies before 

7 the pending charges are disposed of or while the individual 

8 is an inmate of a public institution.’’. 

9 (d) SCHIP.—Section 2110(b)(1) of such Act (42 

10 U.S.C. 1397jj(b)(1)) is amended by inserting ‘‘(except as 

11 an individual in custody pending disposition of charges)’’ 

12 after ‘‘inmate of a public institution’’. 

13 (e) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect on the first day of the first 

15 calendar quarter beginning more than 60 days after the 

16 date of the enactment of this Act and shall apply to items 

17 and services furnished, and supplemental security income 

18 benefits paid, for periods beginning on or after such date. 

Æ 


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