I 

117TH CONGRESS 

1ST SESSION H. R. 3514 

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

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

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2021 

Ms. KUSTER (for herself, Mr. FITZPATRICK, Mr. MCKINLEY, Ms. BONAMICI, 

Ms. BLUNT ROCHESTER, Mr. TRONE, Mr. TAKANO, Ms. KELLY of Illinois, Ms. CASTOR of Florida, Ms. BROWNLEY, and Ms. CLARK of Massachusetts) 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 incarcerated individuals, 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’’. 


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1 SEC. 2. REPEAL OF MEDICAID EXCLUSION RELATING TO IN2 CARCERATED INDIVIDUALS. 

3 (a) IN GENERAL.—Section 1905(a) of the Social Se4 curity Act (42 U.S.C. 1396d(a)) is amended, in the matter 

5 following paragraph (31), by striking ‘‘such term does not 

6 include—’’ and all that follows through ‘‘patient in an in7 stitution for mental diseases’’ and inserting ‘‘such term 

8 does not include any such payments with respect to care 

9 or services for any individual who has not attained 65 

10 years of age and who is a patient in an institution for 

11 mental diseases’’. 

12 (b) CONFORMING AMENDMENTS.—Section 1902(a) 

13 of the Social Security Act (42 U.S.C. 1396a(a)) is amend14 ed— 

15 (1) by striking paragraph (84); and 

16 (2) by striking subsection (nn). 

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

18 this section shall apply with respect to medical assistance 

19 provided on or after January 1, 2022. 

20 SEC. 3. REPORT BY COMPTROLLER GENERAL. 

21 Not later than the date that is 3 years after the date 

22 of enactment of this Act, and annually thereafter for each 

23 of the following 5 years, the Comptroller General of the 

24 United States shall submit to Congress a report con25 taining the following information: 


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1 (1) The percentage of incarcerated individuals 

2 that receive medical assistance under a State plan 

3 under title XIX of the Social Security Act (42 

4 U.S.C. 1396 et seq.). 

5 (2) The access of incarcerated individuals to 

6 health care services, including specialty care, and 

7 health care providers. 

8 (3) The quality of health care services provided 

9 to incarcerated individuals. 

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

11 plan on recidivism. 

12 (5) The percentage of incarcerated individuals 

13 who, upon release, are— 

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

15 (B) connected to a primary care provider 

16 in their community. 

17 (6) Trends in the prevalence and incidence of 

18 illness and injury among incarcerated individuals. 

19 (7) Any other information the Comptroller Gen20 eral determines necessary regarding the health of in21 carcerated individuals. 

22 SEC. 4. SENSE OF CONGRESS ON INCARCERATION AND 

23 COMMUNITY-BASED HEALTH SERVICES. 

24 It is the sense of Congress that— 


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

2 incarcerated for the purpose of being provided with 

3 health care that is unavailable to the individual in 

4 the individual’s community; 

5 (2) each State and unit of local government 

6 should establish programs that offer community7 based health services (including mental health and 

8 substance use disorder services) commensurate with 

9 the principle stated in paragraph (1); and 

10 (3) Federal reimbursement for expenditures on 

11 medical assistance made available through the 

12 amendments made by this Act should not supplant 

13 an investment in community-based services. 

Æ 


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