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 Illi-
nois, Ms. CASTOR of Florida, Ms. BROWNLEY, and Ms. CLARK of Massa-
chusetts) introduced the following bill; which was referred to the Com-
mittee 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 juris-
diction 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 indi-
viduals, and for other purposes. 
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 ‘‘Humane Correctional 
Health Care Act’’. 
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SEC. 2. REPEAL OF MEDICAID EXCLUSION RELATING TO IN-
CARCERATED INDIVIDUALS. 
(a) IN GENERAL.—Section 1905(a) of the Social Se-
curity Act (42 U.S.C. 1396d(a)) is amended, in the matter 
following paragraph (31), by striking ‘‘such term does not 
include—’’ and all that follows through ‘‘patient in an in-
stitution for mental diseases’’ and inserting ‘‘such term 
does not include any such payments with respect to care 
or services for any individual who has not attained 65 
years of age and who is a patient in an institution for 
mental diseases’’. 
(b) CONFORMING AMENDMENTS.—Section 1902(a) 
of the Social Security Act (42 U.S.C. 1396a(a)) is amend-
ed— 
(1) by striking paragraph (84); and 
(2) by striking subsection (nn). 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to medical assistance 
provided on or after January 1, 2022. 
SEC. 3. REPORT BY COMPTROLLER GENERAL. 
Not later than the date that is 3 years after the date 
of enactment of this Act, and annually thereafter for each 
of the following 5 years, the Comptroller General of the 
United States shall submit to Congress a report con-
taining the following information: 
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(1) The percentage of incarcerated individuals 
that receive medical assistance under a State plan 
under title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.). 
(2) The access of incarcerated individuals to 
health care services, including specialty care, and 
health care providers. 
(3) The quality of health care services provided 
to incarcerated individuals. 
(4) Any impact of coverage under such a State 
plan on recidivism. 
(5) The percentage of incarcerated individuals 
who, upon release, are— 
(A) enrolled under such a State plan; and 
(B) connected to a primary care provider 
in their community. 
(6) Trends in the prevalence and incidence of 
illness and injury among incarcerated individuals. 
(7) Any other information the Comptroller Gen-
eral determines necessary regarding the health of in-
carcerated individuals. 
SEC. 4. SENSE OF CONGRESS ON INCARCERATION AND 
COMMUNITY-BASED HEALTH SERVICES. 
It is the sense of Congress that— 
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