I 

115TH CONGRESS 

1ST SESSION H. R. 165 

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

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

for persons in custody pending disposition of charges. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2017 

Mr. HASTINGS 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 CHIP 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 2017’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) The United States Supreme Court has in2 terpreted the 8th Amendment to require govern3 mental entities to provide medical care to persons in4 voluntarily confined in jails, detention centers, and 

5 prisons. 

6 (2) The Federal Government does not provide 

7 health benefits under Medicare, Medicaid, Supple8 mental Security Income (SSI), or the Children’s 

9 Health Insurance Program (CHIP) to inmates even 

10 if the person is awaiting trial in jail and has not 

11 been convicted. However, beneficiaries who are re12 leased after posting bond, or who are released under 

13 their own recognizance, or who are released under 

14 house arrest may continue to receive Medicare, Med15 icaid, SSI, and CHIP benefits. 

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

17 and jails has increased exponentially due in part to 

18 high incarceration rates, infectious diseases, chronic 

19 conditions, substance abuse treatment, mental ill20 ness, aging prison populations, rising prescription 

21 drug costs, and mandatory sentencing laws. 

22 (4) Providing health care for inmates con23 stitutes a major portion of local jail operating costs. 

24 Requiring county governments to cover health care 

25 costs for inmates who have not been convicted places 


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•HR 165 IH

1 an unnecessary burden on local governments who 

2 have been negatively impacted by recession, wide3 spread budget deficits, and cuts to safety net pro4 grams and services. 

5 (5) Jails generally have a higher instance of 

6 mentally ill inmates because jails frequently serve as 

7 holding places for low-income persons who are wait8 ing placement in a mental facility and for mentally 

9 ill persons who commit nuisance crimes because of 

10 inadequate access to treatment in their communities. 

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

12 to an overall increase in the jail population and 

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

14 has contributed to the disproportionate rate of incar15 ceration among African-Americans and Latinos. 

16 (7) Terminating benefits to people in county 

17 jails who are awaiting trial violates the presumption 

18 of innocence, because it does not distinguish between 

19 persons awaiting disposition of charges and those 

20 who have been duly convicted and sentenced. 

21 (8) Otherwise eligible individuals who have been 

22 charged with a crime and incarcerated, but not con23 victed, should continue to be eligible for Federal 

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

25 CHIP, until such time as they may be convicted and 


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1 sentenced to an institution. SSI payments should be 

2 held until the inmate has been acquitted and re3 leased, or until the inmate has completed his or her 

4 sentence and been released. 

5 SEC. 3. REMOVAL OF INMATE LIMITATION ON BENEFITS 

6 UNDER MEDICAID, MEDICARE, SSI, AND CHIP. 

7 (a) MEDICAID.—The subdivision (A) of section 

8 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) 

9 that follows paragraph (29) is amended by inserting ‘‘or 

10 in custody pending disposition of charges’’ after ‘‘patient 

11 in a medical institution’’. 

12 (b) MEDICARE.—Section 1862(a)(3) of the Social Se13 curity Act (42 U.S.C. 1395y(a)(3)) is amended by insert14 ing ‘‘in the case of services furnished to individuals who 

15 are in custody pending disposition of charges,’’ after 

16 ‘‘1880(e)’’. 

17 (c) SSI.—Section 1611(e)(1) of the Social Security 

18 Act (42 U.S.C. 1382(e)(1)) is amended by adding at the 

19 end the following new subparagraph: 

20 ‘‘(K)(i) As used in subparagraph (A), the term ‘in21 mate of a public institution’ does not include an individual 

22 who is in custody pending disposition of charges. 

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

24 individual or eligible spouse for purposes of this title only 

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


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1 any supplemental security income benefits otherwise pay2 able shall be withheld until such time as the individual 

3 is no longer either in custody pending disposition of 

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

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

6 the pending charges are disposed of or while the individual 

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

8 (d) CHIP.—Section 2110(b)(2)(A) of the Social Se9 curity Act (42 U.S.C. 1397jj(b)(2)(A)) is amended by in10 serting ‘‘(except as an individual in custody pending dis11 position of charges)’’ after ‘‘inmate of a public institu12 tion’’. 

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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