597 
(2) AVAILABILITY OF FUNDS.—Amounts made 
available under paragraph (1) are authorized to re-
main available until expended. 
(f) DEFINITIONS.—For the purposes of this section: 
(1) COMMUNITY
ORGANIZATION.—The term 
‘‘community organization’’ means a public health 
care facility or a nonprofit organization which 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 that includes information 
about abstinence and about the proper use and dis-
posal of sexual barrier protection devices and which 
is— 
(A) evidence-based; 
(B) medically accurate; 
(C) age and developmentally appropriate; 
(D) gender and identity sensitive; 
(E) culturally and linguistically appro-
priate; and 
(F) structured to promote critical thinking, 
self-esteem, respect for others, and the develop-
ment of healthy attitudes and relationships. 
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(3) CORRECTIONAL FACILITY.—The term ‘‘cor-
rectional facility’’ means any prison, penitentiary, 
adult detention facility, juvenile detention facility, 
jail, or other facility to which persons may be sent 
after conviction of a crime or act of juvenile delin-
quency within the United States. 
(4) INCARCERATED PERSON.—The term ‘‘incar-
cerated person’’ means any person who is serving a 
sentence in a correctional facility after conviction of 
a crime. 
(5) SEXUALLY TRANSMITTED INFECTION.—The 
term ‘‘sexually transmitted infection’’ or ‘‘STI’’ 
means any disease or infection that is commonly 
transmitted through sexual activity, including HIV/ 
AIDS, gonorrhea, chlamydia, syphilis, genital her-
pes, viral hepatitis, and human papillomavirus. 
(6) SEXUAL BARRIER PROTECTION DEVICE.— 
The term ‘‘sexual barrier protection device’’ means 
any FDA-approved physical device which has not 
been tampered with and which reduces the prob-
ability of STI transmission or infection between sex-
ual partners, including female condoms, male 
condoms, and dental dams. 
(7) STATE.—The term ‘‘State’’ includes the 
District of Columbia, American Samoa, the Com-
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monwealth of the Northern Mariana Islands, Guam, 
Puerto Rico, and the United States Virgin Islands. 
SEC. 759. 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: 
‘‘(15) 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 
parole or on probation, as soon as 
possible after the date on which the 
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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 medical assistance that is pro-
vided after the date that the eligible indi-
vidual is released from the public institu-
tion. 
‘‘(ii) RELATIONSHIP
TO
PAYMENT 
PROHIBITION FOR INMATES.—No provision 
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of this paragraph may be construed to per-
mit payment for care or services for which 
payment is excluded under the subdivision 
(A) that follows paragraph (30) 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-
tion the suspension of continuous eligibility 
under such clause shall be lifted for a pe-
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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 
automatically enrolled in the State Medicaid 
plan if the individual affirmatively consents to 
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