I 

116TH CONGRESS 

1ST SESSION H. R. 4141 

To amend title XIX of the Social Security Act to provide a consistent 

standard of health care to the incarcerated, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 2, 2019 

Ms. KUSTER of New Hampshire (for herself and Ms. NORTON) introduced the 

following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, 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 title XIX of the Social Security Act to provide 

a consistent standard of health care to the incarcerated, 

and for other purposes. 

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 ‘‘Humane Correctional 

5 Health Care Act’’. 

6 SEC. 2. REPEAL OF MEDICAID INMATE EXCLUSION. 

7 (a) IN GENERAL.—Section 1905(a) of the Social Se8 curity Act (42 U.S.C. 1396d(a)) is amended, in the matter 


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1 following paragraph (30), by striking ‘‘such term does not 

2 include—’’ and all that follows through ‘‘patient in an in3 stitution for mental diseases’’ and inserting ‘‘such term 

4 does not include any such payments with respect to care 

5 or services for any individual who is under 65 years of 

6 age and is a patient in an institution for mental diseases’’. 

7 (b) CONFORMING AMENDMENTS.—Section 1902 of 

8 the Social Security Act (42 U.S.C. 1396a) is amended— 

9 (1) in subsection (a)— 

10 (A) by striking paragraph (84); 

11 (B) by redesignating paragraphs (85) and 

12 (86) as paragraphs (84) and (85), respectively; 

13 (C) in paragraph (84), as redesignated by 

14 subparagraph (B), by striking ‘‘(oo)(1)’’ and in15 serting ‘‘(nn)(1)’’; and 

16 (D) in paragraph (85), as redesignated by 

17 subparagraph (B), by striking ‘‘(pp)’’ and in18 serting ‘‘(oo)’’; 

19 (2) by striking subsection (nn); 

20 (3) by redesignating subsections (oo) and (pp) 

21 as subsections (nn) and (oo), respectively; 

22 (4) in subsection (nn), as redesignated by para23 graph (3), by striking ‘‘(85)’’ and inserting ‘‘(84)’’; 

24 and 


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1 (5) in subsection (oo), as redesignated by para2 graph (3), by striking ‘‘(86)’’ and inserting ‘‘(85)’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply with respect to medical assistance 

5 provided on or after January 1, 2020. 

6 SEC. 3. REPORT BY COMPTROLLER GENERAL. 

7 Not later than the date that is three years after the 

8 date of the enactment of this Act, and annually thereafter 

9 for each of the following five years, the Comptroller Gen10 eral of the United States shall submit to Congress a report 

11 containing the following information: 

12 (1) The percentage of inmates that receive med13 ical assistance under a State plan under title XIX 

14 of the Social Security Act (42 U.S.C. 1396 et seq.). 

15 (2) The access of inmates to health care serv16 ices, including specialty care, and health care pro17 viders. 

18 (3) The quality of health care services provided 

19 to inmates. 

20 (4) Any impact of coverage under such a State 

21 plan on recidivism. 

22 (5) The percentage of inmates who, upon re23 lease, are— 

24 (A) enrolled under such a State plan; and 


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1 (B) connected to a primary care provider 

2 in their community. 

3 (6) Trends in the prevalence and incidence of 

4 illness and injury among inmates. 

5 (7) Any other information the Comptroller Gen6 eral determines necessary regarding the health of in7 mates. 

8 SEC. 4. SENSE OF CONGRESS ON INCARCERATION AND 

9 COMMUNITY-BASED HEALTH SERVICES. 

10 It is the sense of Congress that— 

11 (1) no individual in the United States should be 

12 incarcerated for the purpose of being provided with 

13 health care that is unavailable to the individual in 

14 the individual’s community; 

15 (2) each State and unit of local government 

16 should establish programs that offer community17 based health services (including mental health and 

18 substance use disorder services) commensurate with 

19 the principle stated in paragraph (1); and 

20 (3) Federal reimbursement for expenditures on 

21 medical assistance made available through the 

22 amendments made by this Act should not supplant 

23 an investment in community-based services. 

Æ 


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