1345 
seling or STI prevention education under paragraph 
(1) shall offer comprehensive sexuality education. 
(3) POSSESSION
OF
DEVICE
PROTECTED.—A 
Federal correctional facility may not, because of the 
possession or use of a sexual barrier protection de-
vice— 
(A) take adverse action against an incar-
cerated individual; or 
(B) consider possession or use as evidence 
of prohibited activity for the purpose of any 
Federal correctional facility administrative pro-
ceeding. 
(4) IMPLEMENTATION.—The Attorney General 
and the Director of the Bureau of Prisons shall im-
plement this section according to established public 
health practices in a manner that protects the 
health, safety, and privacy of incarcerated individ-
uals and of correctional facility staff. 
(c) SURVEY OF AND REPORT ON CORRECTIONAL FA-
CILITY PROGRAMS AIMED AT REDUCING THE SPREAD OF 
STIS.— 
(1) SURVEY.—Not later than 180 days after 
the date of enactment of this Act, and annually 
thereafter for 5 years, the Attorney General, after 
consulting with the Secretary of Health and Human 
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1346 
Services, State officials, and community organiza-
tions, shall, to the maximum extent practicable, con-
duct a survey of all Federal and State correctional 
facilities, to determine the following: 
(A) COUNSELING, TREATMENT, AND SUP-
PORTIVE SERVICES.—Whether the correctional 
facility— 
(i) requires incarcerated individuals to 
participate in counseling, treatment, and 
supportive services related to STIs; or 
(ii) offers such programs to incarcer-
ated individuals. 
(B) ACCESS TO SEXUAL BARRIER PROTEC-
TION DEVICES.—Whether incarcerated individ-
uals can— 
(i) possess sexual barrier protection 
devices; 
(ii) purchase sexual barrier protection 
devices; 
(iii) purchase sexual barrier protection 
devices at a reduced cost; or 
(iv) obtain sexual barrier protection 
devices without cost. 
(C) INCIDENCE OF SEXUAL VIOLENCE.— 
The incidence of sexual violence and assault 
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1347 
committed by incarcerated individuals and by 
correctional facility staff. 
(D) PREVENTION EDUCATION OFFERED.— 
The type of prevention education, information, 
or training offered to incarcerated individuals 
and correctional facility staff regarding sexual 
violence and the spread of STIs, including 
whether such education, information, or train-
ing— 
(i) constitutes comprehensive sexuality 
education; 
(ii) is compulsory for new incarcerated 
individuals and for new correctional facility 
staff; and 
(iii) is offered on an ongoing basis. 
(E) STI TESTING.—Whether the correc-
tional facility tests incarcerated individuals for 
STIs or gives them the option to undergo such 
testing— 
(i) at intake; 
(ii) on a regular basis; and 
(iii) prior to release. 
(F) STI TEST RESULTS.—The number of 
incarcerated individuals who are tested for STIs 
and the outcome of such tests at each correc-
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1348 
tional facility, disaggregated to include results 
for— 
(i) the type of STI tested for; 
(ii) the race and ethnicity of an indi-
vidual tested; 
(iii) the age of an individual tested; 
and 
(iv) the gender of the individual test-
ed. 
(G) PRERELEASE
REFERRAL
POLICY.— 
Whether incarcerated individuals are informed 
prior to release about STI-related services or 
other health services in their communities, in-
cluding free and low-cost counseling and treat-
ment options. 
(H) PRERELEASE
REFERRALS
MADE.— 
The number of referrals to community-based 
organizations or public health facilities offering 
STI-related or other health services provided to 
incarcerated individuals prior to release, and 
the type of counseling or treatment for which 
the referral was made. 
(I) REINSTATEMENT OF MEDICAID BENE-
FITS.—Whether the correctional facility assists 
incarcerated individuals that were enrolled in 
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1349 
the State Medicaid program prior to their in-
carceration, in reinstating their enrollment 
upon release and whether such individuals re-
ceive referrals as provided by subparagraph (G) 
to entities that accept the State Medicaid pro-
gram, including if applicable— 
(i) the number of such individuals, in-
cluding those diagnosed with HIV, that 
have been reinstated; 
(ii) a list of obstacles to reinstating 
enrollment or to making determinations of 
eligibility for reinstatement, if any; and 
(iii) the number of individuals denied 
enrollment. 
(J) OTHER ACTIONS TAKEN.—Whether the 
correctional facility has taken any other action, 
in conjunction with community organizations or 
otherwise, to reduce the prevalence and spread 
of STIs in that facility. 
(2) PRIVACY.—In conducting the survey under 
paragraph (1), the Attorney General shall not re-
quest or retain the identity of any individual who 
has sought or been offered counseling, treatment, 
testing, or prevention education information regard-
ing an STI (including information about sexual bar-
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1350 
rier protection devices), or who has tested positive 
for an STI. 
(3) REPORT.— 
(A) IN GENERAL.—The Attorney General 
shall transmit to Congress and make publicly 
available the results of the survey required 
under paragraph (1), both for the United 
States as a whole and disaggregated as to each 
State and each correctional facility. 
(B) DEADLINES.—To the maximum extent 
possible, the Attorney General shall— 
(i) issue the first report under sub-
paragraph (A) not later than 1 year after 
the date of enactment of this Act; and 
(ii) issue reports under subparagraph 
(A) annually thereafter for 5 years. 
(d) STRATEGY.— 
(1) DIRECTIVE TO ATTORNEY GENERAL.—The 
Attorney General, in consultation with the Secretary 
of Health and Human Services, State officials, and 
community organizations, shall develop and imple-
ment a 5-year strategy to reduce the prevalence and 
spread of STIs in Federal and State correctional fa-
cilities. To the maximum extent possible, the strat-
egy shall be developed, transmitted to Congress, and 
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made publicly available no later than 180 days after 
the transmission of the first report required under 
subsection (d)(3). 
(2) CONTENTS
OF
STRATEGY.—The strategy 
developed under paragraph (1) shall include the fol-
lowing: 
(A) PREVENTION EDUCATION.—A plan for 
improving prevention education, information, 
and training offered to incarcerated individuals 
and correctional facility staff, including infor-
mation and training on sexual violence and the 
spread of STIs, and comprehensive sexuality 
education. 
(B) SEXUAL BARRIER PROTECTION DEVICE 
ACCESS.—A plan for expanding access to sexual 
barrier protection devices in correctional facili-
ties. 
(C) SEXUAL
VIOLENCE
REDUCTION.—A 
plan for reducing the incidence of sexual vio-
lence among incarcerated individuals and cor-
rectional facility staff, developed in consultation 
with the National Prison Rape Elimination 
Commission. 
(D) COUNSELING AND SUPPORTIVE SERV-
ICES.—A plan for expanding access to coun-
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1352 
seling and supportive services related to STIs in 
correctional facilities. 
(E) TESTING.—A plan for testing incarcer-
ated individuals for STIs during intake, during 
regular health exams, and prior to release, and 
that— 
(i) is conducted in accordance with 
guidelines established by the Centers for 
Disease Control and Prevention; 
(ii) includes pretest counseling; 
(iii) requires that incarcerated individ-
uals are notified of their option to decline 
testing at any time; 
(iv) requires that incarcerated individ-
uals are confidentially notified of their test 
results in a timely manner; and 
(v) ensures that incarcerated individ-
uals testing positive for STIs receive post- 
test counseling, care, treatment, and sup-
portive services. 
(F) TREATMENT.—A plan for ensuring 
that correctional facilities have the necessary 
medicine and equipment to treat and monitor 
STIs and for ensuring that incarcerated indi-
viduals living with or testing positive for STIs 
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1353 
receive and have access to care and treatment 
services. 
(G) 
STRATEGIES
FOR
DEMOGRAPHIC 
GROUPS.—A plan for developing and imple-
menting culturally appropriate, sensitive, and 
specific strategies to reduce the spread of STIs 
among demographic groups heavily impacted by 
STIs. 
(H) LINKAGES
WITH
COMMUNITIES
AND 
FACILITIES.—A plan for establishing and 
strengthening linkages to local community and 
health facilities that— 
(i) provide counseling, testing, care, 
and treatment services; 
(ii) may receive individuals recently 
released from incarceration who are living 
with STIs; and 
(iii) accept payment through the State 
Medicaid program. 
(I) ENROLLMENT
IN
STATE
MEDICAID 
PROGRAMS.—Plans to ensure that— 
(i) incarcerated individuals who were 
enrolled in their State Medicaid program 
prior to incarceration in a correctional fa-
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1354 
cility are automatically reenrolled in such 
program upon their release; and 
(ii) incarcerated individuals who were 
not enrolled in their State Medicaid pro-
gram prior to incarceration, and who are 
diagnosed with HIV while incarcerated in 
a correctional facility, are automatically 
enrolled in such program upon their re-
lease. 
(J) OTHER PLANS.—Any other plans de-
veloped by the Attorney General for reducing 
the spread of STIs or improving the quality of 
health care in correctional facilities. 
(K) MONITORING SYSTEM.—A monitoring 
system that establishes performance goals re-
lated to reducing the prevalence and spread of 
STIs in correctional facilities and which, where 
feasible, express such goals in quantifiable 
form. 
(L) MONITORING
SYSTEM
PERFORMANCE 
INDICATORS.—Performance 
indicators 
that 
measure or assess the achievement of the per-
formance goals described in subparagraph (K). 
(M) COST ESTIMATE.—A detailed estimate 
of the funding necessary to implement the 
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1355 
strategy at the Federal and State levels for all 
5 years, including the amount of funds required 
by community organizations to implement the 
parts of the strategy in which they take part. 
(3) REPORT.—Not later than 1 year after the 
date of the enactment of this Act, and annually 
thereafter, the Attorney General shall transmit to 
Congress and make publicly available an annual 
progress report regarding the implementation and 
effectiveness of the strategy described in paragraph 
(1). The progress report shall include an evaluation 
of the implementation of the strategy using the mon-
itoring system and performance indicators provided 
for in subparagraphs (K) and (L) of paragraph (2). 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated such sums as may be necessary to 
carry out this section for each of fiscal years 2023 
through 2027. 
(2) AVAILABILITY OF FUNDS.—Amounts made 
available under paragraph (1) are authorized to re-
main available until expended. 
(f) DEFINITIONS.—In this section: 
(1) COMMUNITY
ORGANIZATION.—The term 
‘‘community organization’’ means a public health 
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1356 
care facility or a nonprofit organization that pro-
vides health- or STI-related services according to es-
tablished public health standards. 
(2) COMPREHENSIVE SEXUALITY EDUCATION.— 
The term ‘‘comprehensive sexuality education’’ 
means sexuality education— 
(A) that includes information about absti-
nence and about the proper use and disposal of 
sexual barrier protection devices; and 
(B) that is— 
(i) evidence-based; 
(ii) medically accurate; 
(iii) age and developmentally appro-
priate; 
(iv) gender and identity sensitive; 
(v) culturally and linguistically appro-
priate; and 
(vi) structured to promote critical 
thinking, self-esteem, respect for others, 
and the development of healthy attitudes 
and relationships. 
(3) CORRECTIONAL FACILITY.—The term ‘‘cor-
rectional facility’’ means any prison, penitentiary, 
adult detention facility, juvenile detention facility, 
jail, or other facility to which individuals may be 
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1357 
sent after conviction of a crime or act of juvenile de-
linquency within the United States. 
(4) INCARCERATED
INDIVIDUAL.—The term 
‘‘incarcerated individual’’ means any individual who 
is serving a sentence in a correctional facility after 
conviction of a crime. 
(5) SEXUAL BARRIER PROTECTION DEVICE.— 
The term ‘‘sexual barrier protection device’’ means 
any physical device approved, cleared, or otherwise 
authorized by the Food and Drug Administration 
that has not been tampered with and which reduces 
the probability of STI transmission or infection be-
tween sexual partners, including female condoms, 
male condoms, and dental dams. 
(6) SEXUALLY TRANSMITTED INFECTION.—The 
term ‘‘sexually transmitted infection’’ or ‘‘STI’’ 
means any disease or infection that is commonly 
transmitted through sexual activity, including HIV, 
gonorrhea, chlamydia, syphilis, genital herpes, viral 
hepatitis, and human papillomavirus. 
(7) STATE.—The term ‘‘State’’ includes the 
District of Columbia, American Samoa, the Com-
monwealth of the Northern Mariana Islands, Guam, 
Puerto Rico, and the United States Virgin Islands. 
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1358 
(8) STATE
MEDICAID
PROGRAM.—The term 
‘‘State Medicaid program’’ means the State plan (or 
a waiver of such plan) under title XIX of the Social 
Security Act (42 U.S.C. 1396 et seq.). 
SEC. 7217. AUTOMATIC REINSTATEMENT OR ENROLLMENT 
IN MEDICAID FOR PEOPLE WHO TEST POSI-
TIVE FOR HIV BEFORE REENTERING COMMU-
NITIES. 
(a) IN GENERAL.—Section 1902(e) of the Social Se-
curity Act (42 U.S.C. 1396a(e)) is amended by adding at 
the end the following: 
‘‘(17) ENROLLMENT OF EX-OFFENDERS.— 
‘‘(A) AUTOMATIC ENROLLMENT OR REIN-
STATEMENT.— 
‘‘(i) IN
GENERAL.—The State plan 
shall provide for the automatic enrollment 
or reinstatement of enrollment of an eligi-
ble individual— 
‘‘(I) if such individual is sched-
uled to be released from a public insti-
tution due to the completion of sen-
tence, not less than 30 days prior to 
the scheduled date of the release; and 
‘‘(II) if such individual is to be 
released from a public institution on 
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1359 
parole or on probation, as soon as 
possible after the date on which the 
determination to release such indi-
vidual was made, and before the date 
such individual is released. 
‘‘(ii) EXCEPTION.—If a State makes a 
determination that an individual is not eli-
gible to be enrolled under the State plan— 
‘‘(I) on or before the date by 
which the individual would be enrolled 
under clause (i), such clause shall not 
apply to such individual; or 
‘‘(II) after such date, the State 
may terminate the enrollment of such 
individual. 
‘‘(B) RELATIONSHIP OF ENROLLMENT TO 
PAYMENT FOR SERVICES.— 
‘‘(i) IN
GENERAL.—Subject to sub-
paragraph (A)(ii), an eligible individual 
who is enrolled, or whose enrollment is re-
instated, under subparagraph (A) shall be 
eligible for all services for which medical 
assistance is provided under the State plan 
after the date that the eligible individual is 
released from the public institution. 
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1360 
‘‘(ii) RELATIONSHIP
TO
PAYMENT 
PROHIBITION FOR INMATES.—No provision 
of this paragraph may be construed to per-
mit payment for care or services for which 
payment is excluded under subdivision (A) 
following 
paragraph 
(31) 
of 
section 
1905(a). 
‘‘(C) TREATMENT OF CONTINUOUS ELIGI-
BILITY.— 
‘‘(i) SUSPENSION FOR INMATES.—Any 
period of continuous eligibility under this 
title shall be suspended on the date an in-
dividual enrolled under this title becomes 
an inmate of a public institution (except as 
a patient of a medical institution). 
‘‘(ii) DETERMINATION OF REMAINING 
PERIOD.—Notwithstanding any changes to 
State law related to continuous eligibility 
during the time that an individual is an in-
mate of a public institution (except as a 
patient of a medical institution), subject to 
clause (iii), with respect to an eligible indi-
vidual who was subject to a suspension 
under clause (i), on the date that such in-
dividual is released from a public institu-
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1361 
tion the suspension of continuous eligibility 
under such clause shall be lifted for a pe-
riod that is equal to the time remaining in 
the period of continuous eligibility for such 
individual on the date that such period was 
suspended under such clause. 
‘‘(iii) EXCEPTION.—If a State makes 
a determination that an individual is not 
eligible to be enrolled under the State 
plan— 
‘‘(I) on or before the date that 
the suspension of continuous eligibility 
is lifted under clause (ii), such clause 
shall not apply to such individual; or 
‘‘(II) after such date, the State 
may terminate the enrollment of such 
individual. 
‘‘(D) AUTOMATIC ENROLLMENT OR REIN-
STATEMENT OF ENROLLMENT DEFINED.—For 
purposes of this paragraph, the term ‘automatic 
enrollment or reinstatement of enrollment’ 
means that the State determines eligibility for 
medical assistance under the State plan without 
a program application from, or on behalf of, the 
eligible individual, but an individual can only be 
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automatically enrolled in the State Medicaid 
plan if the individual affirmatively consents to 
being enrolled through affirmation in writing, 
by telephone, orally, through electronic signa-
ture, or through any other means specified by 
the Secretary. 
‘‘(E) ELIGIBLE
INDIVIDUAL
DEFINED.— 
For purposes of this paragraph, the term ‘eligi-
ble individual’ means an individual who is an 
inmate of a public institution (except as a pa-
tient in a medical institution)— 
‘‘(i) who was enrolled under the State 
plan for medical assistance immediately be-
fore becoming an inmate of such an insti-
tution; or 
‘‘(ii) who is diagnosed with human im-
munodeficiency virus.’’. 
(b) SUPPLEMENTAL FUNDING FOR STATE IMPLE-
MENTATION OF AUTOMATIC REINSTATEMENT OF MED-
ICAID BENEFITS.— 
(1) IN GENERAL.—Subject to paragraph (3), 
with respect to a State, for each of the first 4 cal-
endar quarters in which the State plan meets the re-
quirements of paragraph (17) of section 1902(e) of 
the Social Security Act (42 U.S.C. 1396a(e)) (as 
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1364 
(A) REPORT.—A State is not eligible for 
an increase in its Federal matching payments 
under paragraph (1) unless the State agrees to 
submit to the Secretary of Health and Human 
Services, and make publicly available, a report 
that contains the information required under 
paragraph (4) by the end of the 1-year period 
during which the State receives increased Fed-
eral matching payments in accordance with that 
paragraph. 
(B) MAINTENANCE OF ELIGIBILITY.— 
(i) IN
GENERAL.—Subject to clause 
(ii), a State is not eligible for an increase 
in its Federal matching payments under 
paragraph (1) if eligibility standards, 
methodologies, or procedures under its 
State plan under title XIX of the Social 
Security Act (42 U.S.C. 1396 et seq.), or 
waiver of such a plan, are more restrictive 
than the eligibility standards, methodolo-
gies, or procedures, respectively, under 
such plan or waiver as in effect on the date 
of enactment of this Act. 
(ii) STATE REINSTATEMENT OF ELIGI-
BILITY PERMITTED.—A State that has re-
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1365 
stricted eligibility standards, methodolo-
gies, or procedures under its State plan 
under title XIX of the Social Security Act 
(42 U.S.C. 1396 et seq.), or a waiver of 
such plan, after the date of enactment of 
this Act, is no longer ineligible under 
clause (i) beginning with the first calendar 
quarter in which the State has reinstated 
eligibility standards, methodologies, or pro-
cedures that are no more restrictive than 
the eligibility standards, methodologies, or 
procedures, respectively, under such plan 
(or waiver) as in effect on such date. 
(C) LIMITATION OF MATCHING PAYMENTS 
TO 100 PERCENT.—In no case shall an increase 
in Federal matching payments under paragraph 
(1) result in Federal matching payments that 
exceed 100 percent of State expenditures. 
(4) REQUIRED REPORT INFORMATION.—The in-
formation that is required in the report under para-
graph (3)(A) shall include— 
(A) the results of an evaluation of the im-
pact of the implementation of the requirements 
of paragraph (17) of section 1902(e) of the So-
cial Security Act (42 U.S.C. 1396a(e)) on im-
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1366 
proving the State’s processes for enrolling indi-
viduals who are released from public institu-
tions under the State Medicaid plan; 
(B) the number of individuals who were 
automatically enrolled (or whose enrollment was 
reinstated) under such paragraph during the 1- 
year period during which the State received in-
creased payments under this subsection; and 
(C) any other information that is required 
by the Secretary of Health and Human Serv-
ices. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by subsection (a) 
shall take effect 180 days after the date of the en-
actment of this Act. 
(2) RULE
FOR
CHANGES
REQUIRING
STATE 
LEGISLATION.—In the case of a State plan for med-
ical assistance under title XIX of the Social Security 
Act (42 U.S.C. 1396 et seq.) which the Secretary of 
Health and Human Services determines requires 
State legislation (other than legislation appro-
priating funds) in order for the plan to meet the ad-
ditional requirement imposed by the amendments 
made by subsection (a), the State plan shall not be 
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1367 
regarded as failing to comply with the requirements 
of such title solely on the basis of its failure to meet 
this additional requirement before the first day of 
the first calendar quarter beginning after the close 
of the first regular session of the State legislature 
that begins after the date of the enactment of this 
Act. For purposes of the previous sentence, in the 
case of a State that has a 2-year legislative session, 
each year of such session shall be deemed to be a 
separate regular session of the State legislature. 
SEC. 7218. STOP HIV IN PRISON. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Stop HIV in Prison Act’’. 
(b) IN GENERAL.—The Director of the Bureau of 
Prisons (referred to in this section as the ‘‘Director’’) shall 
develop a comprehensive policy to provide HIV testing, 
treatment, and prevention for inmates within the correc-
tional setting and upon reentry. 
(c) PURPOSE.—The purposes of the policy required 
to be developed under subsection (b) shall be as follows: 
(1) To stop the spread of HIV among inmates. 
(2) To protect prison guards and other per-
sonnel from HIV infection. 
(3) To provide comprehensive medical treat-
ment to inmates who are living with HIV. 
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pbinns on DSKJLVW7X2PROD with $$_JOB
1368 
(4) To promote HIV awareness and prevention 
among inmates. 
(5) To encourage inmates to take personal re-
sponsibility for their health. 
(6) To reduce the risk that inmates will trans-
mit HIV to other persons in the community fol-
lowing their release from prison. 
(d) CONSULTATION.—The Director shall consult with 
appropriate officials of the Department of Health and 
Human Services, the Office of National Drug Control Pol-
icy, and the Centers for Disease Control and Prevention 
regarding the development of the policy required under 
subsection (b). 
(e) TIME LIMIT.—Not later than 1 year after the 
date of enactment of this Act, the Director shall draft ap-
propriate regulations to implement the policy required to 
be developed under subsection (b). 
(f) REQUIREMENTS
FOR POLICY.—The policy re-
quired to be developed under subsection (b) shall provide 
for the following: 
(1) TESTING
AND
COUNSELING
UPON
IN-
TAKE.— 
(A) Health care personnel shall provide 
routine HIV testing to all inmates as a part of 
a comprehensive medical examination imme-
VerDate Sep 11 2014 
20:42 Jun 23, 2022
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E:\BILLS\H7585.IH
H7585
pbinns on DSKJLVW7X2PROD with $$_JOB