I 

110TH CONGRESS 

2D SESSION H. R. 5698 

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

to remove inmate limitations on Medicaid, Medicare, SSI, and SCHIP 

benefits for persons in custody pending disposition of charges. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2008 

Mr. HASTINGS of Florida (for himself, Mr. HOLT, and Mr. BURGESS) 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 inmate limitations on Medicaid, 

Medicare, SSI, and SCHIP 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 2008’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The presumption of innocence is integral to 

4 the Anglo-Saxon legal tradition and the American 

5 criminal justice system. 

6 (2) Terminating benefits to inmates of county 

7 jails to prevent criminals from receiving Federal 

8 benefits violates the presumption of innocence, be9 cause it does not distinguish between persons await10 ing disposition of charges and those who have been 

11 duly convicted and sentenced. 

12 (3) The United States Supreme Court ruled in 

13 Estelle v. Gamble, 429 U.S. 97 (1976) that jail in14 mates are guaranteed health care under the Con15 stitution. 

16 (4) Fulfilling the constitutional obligations 

17 under Estelle to provide health care for inmates con18 stitutes a major portion of local jail operating costs. 

19 (5) Many people charged with crimes and 

20 awaiting trial are released upon posting of bond, re21 leased on their own recognizance, released under 

22 house arrest or other alternative means of detention. 

23 These individuals continue to be eligible for benefits 

24 under Medicare, Medicaid, or Supplemental Security 

25 Income while awaiting trial. Some individuals who 

26 are charged with crimes and incarcerated in county 


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1 jails are ultimately acquitted of the crime or the 

2 charges may be dropped and the individual released. 

3 (6) Otherwise eligible individuals who have been 

4 charged with a crime and incarcerated, but not con5 victed, should continue to be eligible for Federal 

6 health benefits, such as Medicare, Medicaid, or Sup7 plemental Security Income, until such time as they 

8 may be convicted and sentenced to an institution. 

9 SEC. 3. REMOVAL OF INMATE LIMITATION ON BENEFITS 

10 UNDER MEDICAID, MEDICARE, SSI, AND 

11 SCHIP. 

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

13 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) 

14 that follows paragraph (28) is amended by inserting ‘‘or 

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

16 in a medical institution’’. 

17 (b) MEDICARE.—Section 1862(a)(3) of such Act (42 

18 U.S.C. 1395y(a)(3)) is amended by inserting ‘‘in the case 

19 of services furnished to individuals who are in custody 

20 pending disposition of charges,’’ after ‘‘1880(e)’’. 

21 (c) SSI.—Section 1611(e)(1) of such Act (42 U.S.C. 

22 1382(e)(1)) is amended by adding at the end the following 

23 new subparagraph: 


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1 ‘‘(K) As used in subparagraph (A), the term ‘inmate 

2 of a public institution’ does not include an individual who 

3 is in custody pending disposition of charges.’’. 

4 (d) SCHIP.—Section 2110(b)(1) of such Act (42 

5 U.S.C. 1397jj(b)(1)) is amended by inserting ‘‘(except as 

6 an individual in custody pending disposition of charges)’’ 

7 after ‘‘inmate of a public institution’’. 

8 (e) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect on the first day of the first 

10 calendar quarter beginning more than 60 days after the 

11 date of the enactment of this Act and shall apply to items 

12 and services furnished, and supplemental security income 

13 benefits paid, for periods beginning on or after such date. 

Æ 


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