I 
118TH CONGRESS 
1ST SESSION H. R. 6675 
To amend titles XIX and XXI of the Social Security Act to provide mental 
health and substance use services to incarcerated individuals, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 7, 2023 
Ms. KUSTER (for herself and Mr. BACON) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To amend titles XIX and XXI of the Social Security Act 
to provide mental health and substance use services to 
incarcerated individuals, 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 ‘‘Rehabilitation and Re-
covery During Incarceration Act’’. 
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SEC. 2. MODIFYING MEDICAID AND CHIP EXCLUSIONS RE-
LATING TO INCARCERATED INDIVIDUALS TO 
ALLOW FOR PROVISION OF MENTAL HEALTH 
AND SUBSTANCE USE SERVICES. 
(a) MEDICAID OPTION.— 
(1) IN GENERAL.—Section 1905(a) of the So-
cial Security Act (42 U.S.C. 1396d(a)) is amended, 
in the subdivision (A) following paragraph (31), by 
inserting ‘‘, or, at the option of the State, in the 
case of an eligible inmate (as defined in paragraph 
(4) of section 1902(nn)), with respect to mental 
health and substance use services described in para-
graph (5) of such section’’ before ‘‘); or’’. 
(2) ELIGIBLE INMATE AND MENTAL HEALTH 
AND SUBSTANCE USE SERVICES DEFINED.—Section 
1902(nn) of the Social Security Act (42 U.S.C. 
1396a(nn)) is amended— 
(A) in the subsection header, by inserting 
‘‘; ELIGIBLE INMATE; MENTAL HEALTH AND 
SUBSTANCE USE SERVICES’’ after ‘‘PUBLIC IN-
STITUTION’’; 
(B) in the matter preceding paragraph (1), 
by striking ‘‘and this subsection’’ and inserting 
‘‘, this subsection, and the subdivision (A) fol-
lowing the last numbered paragraph of section 
1905(a)’’; and 
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(C) by adding at the end the following new 
paragraphs: 
‘‘(4) ELIGIBLE INMATE.—The term ‘eligible in-
mate’ means an individual of any age who is an in-
mate of a public institution and who— 
‘‘(A) was determined eligible for medical 
assistance under the State plan immediately be-
fore becoming an inmate of such a public insti-
tution; or 
‘‘(B) is determined eligible for such med-
ical assistance while an inmate of a public insti-
tution. 
‘‘(5) MENTAL
HEALTH
AND
SUBSTANCE
USE 
SERVICES.—The term ‘mental health and substance 
use services’ means such services for the treatment 
of a mental health condition or substance use dis-
order as the Secretary shall specify by regulation.’’. 
(b) CHIP OPTION.— 
(1) IN GENERAL.—Section 2110(b)(7) of the 
Social Security Act (42 U.S.C. 1397jj(b)(7)) is 
amended— 
(A) in the paragraph header, by striking 
‘‘EXCEPTION’’ and inserting ‘‘EXCEPTIONS’’; 
(B) by striking ‘‘In the case of’’ and in-
serting the following: 
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‘‘(A) PROVISION
OF
SCREENING, DIAG-
NOSTIC, REFERRAL, AND
CASE
MANAGEMENT 
SERVICES PRE-RELEASE.—In the case of’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(B) PROVISION OF MENTAL HEALTH AND 
SUBSTANCE
USE
DISORDER
SERVICES
WHILE 
AN INMATE.— 
‘‘(i) IN GENERAL.—In the case of a 
child who is an eligible inmate, the child 
shall not be considered to be described in 
paragraph (2)(A) with respect to mental 
health services and substance use disorder 
services otherwise covered under the State 
child health plan (or waiver of such plan). 
‘‘(ii) ELIGIBLE
INMATE
DEFINED.— 
For purposes of this subparagraph, the 
term ‘eligible inmate’ has the meaning 
given that term in section 1902(nn)(4), ex-
cept that such section shall be applied 
by— 
‘‘(I) substituting ‘child health as-
sistance’ for ‘medical assistance’ each 
place it appears; and 
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