II 

117TH CONGRESS 

1ST SESSION S. 285 

To amend title XIX of the Social Security Act to allow States to make 

medical assistance available to inmates during the 30-day period preceding their release. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8, 2021 

Ms. BALDWIN (for herself, Mr. BRAUN, Mr. WHITEHOUSE, 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 allow 

States to make medical assistance available to inmates 

during the 30-day period preceding their release. 

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 ‘‘Medicaid Reentry Act 

5 of 2021’’. 


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1 SEC. 2. ALLOWING FOR MEDICAL ASSISTANCE UNDER MED2 ICAID FOR INMATES DURING 30-DAY PERIOD 

3 PRECEDING RELEASE. 

4 (a) IN GENERAL.—The subdivision (A) following 

5 paragraph (30) of section 1905(a) of the Social Security 

6 Act (42 U.S.C. 1396d(a)) is amended by inserting ‘‘and 

7 except during the 30-day period preceding the date of re8 lease of such individual from such public institution’’ after 

9 ‘‘medical institution’’. 

10 (b) REPORT.—Not later than 18 months after the 

11 date of enactment of this Act, the Medicaid and CHIP 

12 Payment and Access Commission shall submit a report to 

13 Congress on the Medicaid inmate exclusion under the sub14 division (A) following paragraph (30) of section 1905(a) 

15 of the Social Security Act (42 U.S.C. 1396d(a)). Such re16 port shall, to the extent practicable, include the following 

17 information: 

18 (1) PROVISION OF CARE IN CORRECTIONAL

19 SETTINGS.—An analysis and description of stand20 ards for health and safety for individuals who are in21 mates of correctional facilities, the health care pro22 vided to such individuals, and the physical environ23 ment in which health care is provided to such indi24 viduals, which may include the following: 

25 (A) An assessment of access to health care 

26 for incarcerated individuals, including a descripVerDate Sep 11 2014 21:07 Mar 01, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S285.IS S285

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1 tion of medical and behavioral health services 

2 generally available to incarcerated individuals. 

3 (B) An assessment of Medicare and Med4 icaid conditions of participation for hospitals, 

5 psychiatric facilities, psychiatric residential 

6 treatment facilities, nursing facilities, and other 

7 relevant provider types, if any, and their poten8 tial application to health care services furnished 

9 to individuals who are inmates of correctional 

10 facilities. 

11 (C) An assessment of State licensing and 

12 certification standards, processes, and enforce13 ment mechanisms for correctional facilities, and 

14 the potential application of such standards, 

15 processes, and enforcement mechanisms to the 

16 provision of health care to individuals who are 

17 inmates of correctional facilities. 

18 (D) An assessment of accrediting bodies 

19 for correctional facilities, the respective accred20 iting standards of such bodies, and the accred21 iting practices relevant to health care services 

22 provided by correctional facilities to individuals 

23 who are inmates of such facilities, in compari24 son to major community health care facility ac25 crediting bodies. 


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1 (2) IMPACT OF THE MEDICAID REENTRY ACT; 

2 RECOMMENDATIONS FOR ADDITIONAL ACTION.— 

3 (A) The number of incarcerated individuals 

4 who would otherwise be eligible to enroll for 

5 medical assistance under a State plan approved 

6 under title XIX of the Social Security Act (42 

7 U.S.C. 1396 et seq.) (or a waiver of such a 

8 plan). 

9 (B) An analysis of the preliminary impact 

10 of the amendment made by subsection (a) on 

11 health care coverage and the transition back 

12 into the community for individuals who are 

13 newly released from correctional facilities. 

14 (C) A description of current practices re15 lated to the discharge of incarcerated individ16 uals, including how correctional facilities inter17 act with State Medicaid agencies to ensure that 

18 such individuals who are eligible to enroll for 

19 medical assistance under a State plan or waiver 

20 described in subparagraph (A) are so enrolled. 

21 (D) If determined appropriate by the Com22 mission, recommendations for Congress, the 

23 Department of Health and Human Services, or 

24 States on further legislative or administrative 

25 actions to— 


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1 (i) ensure access to comprehensive 

2 health coverage for incarcerated and newly 

3 released individuals, including an assess4 ment of the impact of the Medicaid inmate 

5 exclusion; and 

6 (ii) better facilitate an effective transi7 tion to community services and addiction 

8 treatment for newly released individuals. 

9 (E) Any other information that the Com10 mission determines would be useful to Con11 gress. 

Æ 


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