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) intro-
duced 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 cus-
tody pending disposition of charges. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Restoring the Partner-
ship for County Health Care Costs Act of 2008’’. 
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SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) The presumption of innocence is integral to 
the Anglo-Saxon legal tradition and the American 
criminal justice system. 
(2) Terminating benefits to inmates of county 
jails to prevent criminals from receiving Federal 
benefits violates the presumption of innocence, be-
cause it does not distinguish between persons await-
ing disposition of charges and those who have been 
duly convicted and sentenced. 
(3) The United States Supreme Court ruled in 
Estelle v. Gamble, 429 U.S. 97 (1976) that jail in-
mates are guaranteed health care under the Con-
stitution. 
(4) Fulfilling the constitutional obligations 
under Estelle to provide health care for inmates con-
stitutes a major portion of local jail operating costs. 
(5) Many people charged with crimes and 
awaiting trial are released upon posting of bond, re-
leased on their own recognizance, released under 
house arrest or other alternative means of detention. 
These individuals continue to be eligible for benefits 
under Medicare, Medicaid, or Supplemental Security 
Income while awaiting trial. Some individuals who 
are charged with crimes and incarcerated in county 
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jails are ultimately acquitted of the crime or the 
charges may be dropped and the individual released. 
(6) Otherwise eligible individuals who have been 
charged with a crime and incarcerated, but not con-
victed, should continue to be eligible for Federal 
health benefits, such as Medicare, Medicaid, or Sup-
plemental Security Income, until such time as they 
may be convicted and sentenced to an institution. 
SEC. 3. REMOVAL OF INMATE LIMITATION ON BENEFITS 
UNDER 
MEDICAID, 
MEDICARE, 
SSI, 
AND 
SCHIP. 
(a) MEDICAID.—The subdivision (A) of section 
1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) 
that follows paragraph (28) is amended by inserting ‘‘or 
in custody pending disposition of charges’’ after ‘‘patient 
in a medical institution’’. 
(b) MEDICARE.—Section 1862(a)(3) of such Act (42 
U.S.C. 1395y(a)(3)) is amended by inserting ‘‘in the case 
of services furnished to individuals who are in custody 
pending disposition of charges,’’ after ‘‘1880(e)’’. 
(c) SSI.—Section 1611(e)(1) of such Act (42 U.S.C. 
1382(e)(1)) is amended by adding at the end the following 
new subparagraph: 
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‘‘(K) As used in subparagraph (A), the term ‘inmate 
of a public institution’ does not include an individual who 
is in custody pending disposition of charges.’’. 
(d) SCHIP.—Section 2110(b)(1) of such Act (42 
U.S.C. 1397jj(b)(1)) is amended by inserting ‘‘(except as 
an individual in custody pending disposition of charges)’’ 
after ‘‘inmate of a public institution’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the first day of the first 
calendar quarter beginning more than 60 days after the 
date of the enactment of this Act and shall apply to items 
and services furnished, and supplemental security income 
benefits paid, for periods beginning on or after such date. 
Æ 
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