II 

118TH CONGRESS 

1ST SESSION S. 1165 

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 

APRIL 17, 2023 

Ms. BALDWIN (for herself, Mr. BRAUN, Mr. BROWN, and Mr. VANCE) 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 ‘‘Reentry Act of 2023’’. 

5 SEC. 2. ALLOWING FOR MEDICAL ASSISTANCE UNDER MED6 ICAID FOR INMATES DURING 30-DAY PERIOD 

7 PRECEDING RELEASE. 

8 (a) IN GENERAL.—The subdivision (A) following the 

9 last numbered paragraph of section 1905(a) of the Social 


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•S 1165 IS

1 Security Act (42 U.S.C. 1396d(a)) is amended by insert2 ing ‘‘, or in the case of any individual during the 30-day 

3 period preceding the date of release of such individual 

4 from such public institution’’ before ‘‘);’’. 

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

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

7 Payment and Access Commission shall submit a report to 

8 Congress on the Medicaid inmate exclusion under the sub9 division (A) following the last numbered paragraph of sec10 tion 1905(a) of the Social Security Act (42 U.S.C. 

11 1396d(a)). Such report shall, to the extent practicable, in12 clude the following information: 

13 (1) PROVISION OF CARE IN CORRECTIONAL

14 SETTINGS.—An analysis and description of stand15 ards for health and safety for individuals who are in16 mates of correctional facilities, the health care pro17 vided to such individuals, and the physical environ18 ment in which health care is provided to such indi19 viduals, which may include the following: 

20 (A) An assessment of access to health care 

21 for incarcerated individuals, including a descrip22 tion of medical and behavioral health services 

23 generally available to incarcerated individuals. 

24 (B) An assessment of Medicare and Med25 icaid conditions of participation for hospitals, 


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1 psychiatric facilities, psychiatric residential 

2 treatment facilities, nursing facilities, and other 

3 relevant provider types, if any, and their poten4 tial application to health care services furnished 

5 to individuals who are inmates of correctional 

6 facilities. 

7 (C) An assessment of State licensing and 

8 certification standards, processes, and enforce9 ment mechanisms for correctional facilities, and 

10 the potential application of such standards, 

11 processes, and enforcement mechanisms to the 

12 provision of health care to individuals who are 

13 inmates of correctional facilities. 

14 (D) An assessment of accrediting bodies 

15 for correctional facilities, the respective accred16 iting standards of such bodies, and the accred17 iting practices relevant to health care services 

18 provided by correctional facilities to individuals 

19 who are inmates of such facilities, in compari20 son to major community health care facility ac21 crediting bodies. 

22 (2) IMPACT OF THE REENTRY ACT; REC23 OMMENDATIONS FOR ADDITIONAL ACTION.— 

24 (A) The number of incarcerated individuals 

25 who would otherwise be eligible to enroll for 


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1 medical assistance under a State plan approved 

2 under title XIX of the Social Security Act (42 

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

4 plan). 

5 (B) An analysis of the preliminary impact 

6 of the amendment made by subsection (a) on 

7 health care coverage and the transition back 

8 into the community for individuals who are 

9 newly released from correctional facilities. 

10 (C) A description of current practices re11 lated to the discharge of incarcerated individ12 uals, including how correctional facilities inter13 act with State Medicaid agencies to ensure that 

14 such individuals who are eligible to enroll for 

15 medical assistance under a State plan or waiver 

16 described in subparagraph (A) are so enrolled. 

17 (D) If determined appropriate by the Com18 mission, recommendations for Congress, the 

19 Department of Health and Human Services, or 

20 States on further legislative or administrative 

21 actions to— 

22 (i) ensure access to comprehensive 

23 health coverage for incarcerated and newly 

24 released individuals, including an assessVerDate Sep 11 2014 01:31 Apr 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1165.IS S1165

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1 ment of the impact of the Medicaid inmate 

2 exclusion; and 

3 (ii) better facilitate an effective transi4 tion to community services and addiction 

5 treatment for newly released individuals. 

6 (E) Any other information that the Com7 mission determines would be useful to Con8 gress. 

Æ 


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