II 

117TH CONGRESS 

1ST SESSION S. 2413 

To amend title XIX of the Social Security Act to expand the requirement 

for States to suspend, rather than terminate, an individual’s eligibility 

for medical assistance under the State Medicaid plan while the individual 

is an inmate of a public institution, to apply to inmates of any age. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2021 

Mr. MARKEY (for himself and Mr. BROWN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend title XIX of the Social Security Act to expand 

the requirement for States to suspend, rather than terminate, an individual’s eligibility for medical assistance 

under the State Medicaid plan while the individual is 

an inmate of a public institution, to apply to inmates 

of any age. 

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 ‘‘Supporting Positive 

5 Outcomes After Release Act’’. 


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•S 2413 IS

1 SEC. 2. SUSPENSION OF MEDICAID BENEFITS FOR INMATES 

2 OF PUBLIC INSTITUTIONS. 

3 (a) IN GENERAL.—Section 1902 of the Social Secu4 rity Act (42 U.S.C. 1396a) is amended— 

5 (1) in subsection (a)(84)— 

6 (A) in subparagraph (A), by striking ‘‘indi7 vidual who is an eligible juvenile’’ and all that 

8 follows through ‘‘inmate;’’ and inserting ‘‘eligi9 ble individual (as defined in subsection (nn)(1)) 

10 because the individual is an inmate of a public 

11 institution (as defined in subsection (nn)(2)), 

12 but may suspend coverage during the period the 

13 individual is such an inmate;’’; 

14 (B) in subparagraph (B), by striking ‘‘in15 dividual who is an eligible juvenile described in 

16 paragraph (2)(A)’’ and inserting ‘‘eligible indi17 vidual who is described in paragraph (1)(A)’’; 

18 and 

19 (C) in subparagraph (C), by striking ‘‘indi20 vidual who is an eligible juvenile described in 

21 paragraph (2)(B)’’ and inserting ‘‘eligible indi22 vidual who is described in paragraph (1)(B)’’; 

23 and 

24 (2) by amending subsection (nn) to read as fol25 lows: 


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•S 2413 IS

1 ‘‘(nn) ELIGIBLE INDIVIDUAL; PUBLIC INSTITU2 TION.—For purposes of subsection (a)(84) and this sub3 section: 

4 ‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligible 

5 individual’ means an individual who is an inmate of 

6 a public institution and who— 

7 ‘‘(A) was determined eligible for medical 

8 assistance under the State plan immediately be9 fore becoming an inmate of such a public insti10 tution; or 

11 ‘‘(B) is determined eligible for such med12 ical assistance while an inmate of a public insti13 tution. 

14 ‘‘(2) INMATE OF A PUBLIC INSTITUTION.—The 

15 term ‘inmate of a public institution’ has the meaning 

16 given such term for purposes of applying the sub17 division (A) following paragraph (31) of section 

18 1905(a), taking into account the exception in such 

19 subdivision for a patient of a medical institution.’’. 

20 (b) RETROACTIVE EFFECTIVE DATE.—The amend21 ments made by subsection (a) shall take effect as if in22 cluded in the enactment of section 1001 of the SUPPORT 

23 for Patients and Communities Act (Public Law 115–271). 

Æ 


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