I 

117TH CONGRESS 

2D SESSION H. R. 6636 

To amend title XIX of the Social Security Act to remove the Medicaid 

coverage exclusion for inmates in custody pending disposition of charges, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2022 

Mr. TRONE (for himself, Mr. EMMER, Mr. TURNER, Mr. TONKO, Mr. RUTHERFORD, Mr. BACON, Ms. UNDERWOOD, Ms. NORTON, Mr. MOULTON, 

Ms. KUSTER, Mr. CA ́RDENAS, Ms. JACKSON LEE, and Mrs. BEATTY) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend title XIX of the Social Security Act to remove 

the Medicaid coverage exclusion for inmates in custody 

pending disposition of charges, 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 ‘‘Due Process Con5 tinuity of Care Act’’. 


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1 SEC. 2. REMOVAL OF INMATE LIMITATION ON BENEFITS 

2 UNDER MEDICAID. 

3 (a) IN GENERAL.—The subdivision (A) of section 

4 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) 

5 following paragraph (31) of such section is amended by 

6 inserting ‘‘or, at the option of the State, while in custody 

7 pending disposition of charges’’ after ‘‘patient in a medical 

8 institution’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall take effect on the 1st day of the 1st 

11 calendar quarter that begins after the date that is 60 days 

12 after the date of the enactment of this Act and shall apply 

13 to items and services furnished for periods beginning on 

14 or after such date. 

15 SEC. 3. PLANNING GRANTS. 

16 (a) IN GENERAL.—The Secretary shall award plan17 ning grants to at least 10 States to support providing 

18 medical assistance under the State Medicaid program to 

19 individuals who are eligible for such assistance as a result 

20 of the amendment made by section 2(a). The grants shall 

21 be used to prepare an application that meets the require22 ments of subsection (b). 

23 (b) APPLICATION REQUIREMENTS.—In order to be 

24 awarded a planning grant under this section, a State shall 

25 submit an application to the Secretary at such time and 

26 in such form and manner as the Secretary shall require, 


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1 that includes the following information along with such 

2 additional information, provisions, and assurances, as the 

3 Secretary may require: 

4 (1) A proposed process for carrying out each of 

5 the activities described in subsection (c) in the State. 

6 (2) A review of State policies regarding the 

7 population of individuals who are eligible for medical 

8 assistance under the State Medicaid program as a 

9 result of the amendment made by section 2(a) with 

10 respect to whether such policies may create barriers 

11 to increasing the number of health care providers 

12 who can provide items and services for that popu13 lation. 

14 (3) The development of a plan, taking into ac15 count activities described in subsection (c)(2), that 

16 will ensure a sustainable number of Medicaid-en17 rolled providers under the State Medicaid program 

18 that can offer a full array of treatment and services 

19 to the patient population described in paragraph (2) 

20 as needed. Such plan shall include the following: 

21 (A) Specific activities to increase the num22 ber of providers that will offer physical health 

23 treatment, as well as services related to behav24 ioral health treatment, including substance use 

25 disorder treatment, recovery, or support servVerDate Sep 11 2014 03:33 Feb 10, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6636.IH H6636

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1 ices (including short-term detoxification serv2 ices, outpatient substance use disorder services, 

3 and evidence-based peer recovery services). 

4 (B) Milestones and timeliness for imple5 menting activities set forth in the plan. 

6 (C) Specific measurable targets for in7 creasing the number of providers under the 

8 State Medicaid program who will treat the pa9 tient population described in paragraph (2). 

10 (4) An assurance that the State consulted with 

11 relevant stakeholders, including the State agency re12 sponsible for administering the State Medicaid pro13 gram, Medicaid managed care plans, health care 

14 providers, law enforcement personnel, officials from 

15 jails, and Medicaid beneficiary advocates, with re16 spect to the preparation and completion of the appli17 cation and a description of such consultation. 

18 (c) ACTIVITIES DESCRIBED.—For purposes of sub19 section (b)(1), the activities described in this subsection 

20 are the following: 

21 (1) Activities that support the development of 

22 an initial assessment of the health treatment needs 

23 of patients who are in custody pending disposition of 

24 charges to determine the extent to which providers 

25 are needed (including the types of such providers 


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1 and geographic area of need) to improve the number 

2 of providers that will treat patients in custody pend3 ing disposition of charges under the State Medicaid 

4 program, including the following: 

5 (A) An estimate of the number of individ6 uals enrolled under the State Medicaid program 

7 who are in custody pending disposition of 

8 charges. 

9 (B) Information on the capacity of pro10 viders to provide treatment or services to such 

11 individuals enrolled under the State Medicaid 

12 program, including information on providers 

13 who provide such services and their participa14 tion under the State Medicaid program. 

15 (C) Information on the health care services 

16 provided under programs other than the State 

17 Medicaid program in jails to individuals who 

18 are in custody pending disposition of charges. 

19 (2) Activities that, taking into account the re20 sults of the assessment described in paragraph (1) 

21 with respect to the provision of treatment or services 

22 under the State Medicaid program, support the de23 velopment of State infrastructure to recruit or con24 tract with prospective health care providers, provide 

25 training and technical assistance to such providers, 


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1 and secure a process for an electronic health record 

2 system for billing to reimburse for services provided 

3 by the correctional facility, outpatient providers, 

4 medical vendors, and contracted telehealth service 

5 providers to patients who are in custody pending dis6 position of charges that are compliant with applica7 ble requirements and regulations for State Medicaid 

8 programs. 

9 (3) Activities that ensure the quality of care for 

10 patients who are in custody pending disposition of 

11 charges, including formal reporting mechanisms for 

12 patient outcomes, and activities that promote par13 ticipation in learning collaboratives among providers 

14 treating this population. 

15 (d) GEOGRAPHIC DIVERSITY.—The Secretary shall 

16 select States for planning grants under this section in a 

17 manner that ensures geographic diversity. 

18 (e) FUNDING.—Out of any money in the Treasury 

19 not otherwise appropriated, there are appropriated to the 

20 Secretary to carry out this section, $50,000,000, to re21 main available until expended. 

22 (f) DEFINITIONS.—In this section: 

23 (1) MEDICAID PROGRAM.—The term ‘‘Medicaid 

24 program’’ means, with respect to a State, the State 

25 program under title XIX of the Social Security Act 


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1 (42 U.S.C. 1396 et seq.) including any waiver or 

2 demonstration under such title or under section 

3 1115 of such Act (42 U.S.C. 1315) relating to such 

4 title. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Health and Human Services. 

7 (3) STATE.—The term ‘‘State’’ has the mean8 ing given that term for purposes of title XIX of the 

9 Social Security Act (42 U.S.C. 1396 et seq.) in sec10 tion 1101(a)(1) of such Act (42 U.S.C. 1301(a)(1)). 

Æ 


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