I 
115TH CONGRESS 
1ST SESSION 
H. R. 165 
To amend titles XVI, XVIII, XIX, and XXI of the Social Security Act 
to remove limitations on Medicaid, Medicare, SSI, and CHIP benefits 
for persons in custody pending disposition of charges. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2017 
Mr. HASTINGS introduced the following bill; which was referred to the Com-
mittee 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 limitations on Medicaid, Medi-
care, SSI, and CHIP benefits for persons in custody 
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 2017’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
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(1) The United States Supreme Court has in-
terpreted the 8th Amendment to require govern-
mental entities to provide medical care to persons in-
voluntarily confined in jails, detention centers, and 
prisons. 
(2) The Federal Government does not provide 
health benefits under Medicare, Medicaid, Supple-
mental Security Income (SSI), or the Children’s 
Health Insurance Program (CHIP) to inmates even 
if the person is awaiting trial in jail and has not 
been convicted. However, beneficiaries who are re-
leased after posting bond, or who are released under 
their own recognizance, or who are released under 
house arrest may continue to receive Medicare, Med-
icaid, SSI, and CHIP benefits. 
(3) The cost of providing health care in prisons 
and jails has increased exponentially due in part to 
high incarceration rates, infectious diseases, chronic 
conditions, substance abuse treatment, mental ill-
ness, aging prison populations, rising prescription 
drug costs, and mandatory sentencing laws. 
(4) Providing health care for inmates con-
stitutes a major portion of local jail operating costs. 
Requiring county governments to cover health care 
costs for inmates who have not been convicted places 
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an unnecessary burden on local governments who 
have been negatively impacted by recession, wide-
spread budget deficits, and cuts to safety net pro-
grams and services. 
(5) Jails generally have a higher instance of 
mentally ill inmates because jails frequently serve as 
holding places for low-income persons who are wait-
ing placement in a mental facility and for mentally 
ill persons who commit nuisance crimes because of 
inadequate access to treatment in their communities. 
(6) The rising cost of bail has also contributed 
to an overall increase in the jail population and 
health care costs for inmates. The high cost of bail 
has contributed to the disproportionate rate of incar-
ceration among African-Americans and Latinos. 
(7) Terminating benefits to people in county 
jails who are awaiting trial violates the presumption 
of innocence, because it does not distinguish between 
persons awaiting disposition of charges and those 
who have been duly convicted and sentenced. 
(8) 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, SSI, or 
CHIP, until such time as they may be convicted and 
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sentenced to an institution. SSI payments should be 
held until the inmate has been acquitted and re-
leased, or until the inmate has completed his or her 
sentence and been released. 
SEC. 3. REMOVAL OF INMATE LIMITATION ON BENEFITS 
UNDER MEDICAID, MEDICARE, SSI, AND CHIP. 
(a) MEDICAID.—The subdivision (A) of section 
1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) 
that follows paragraph (29) is amended by inserting ‘‘or 
in custody pending disposition of charges’’ after ‘‘patient 
in a medical institution’’. 
(b) MEDICARE.—Section 1862(a)(3) of the Social Se-
curity Act (42 U.S.C. 1395y(a)(3)) is amended by insert-
ing ‘‘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 the Social Security 
Act (42 U.S.C. 1382(e)(1)) is amended by adding at the 
end the following new subparagraph: 
‘‘(K)(i) As used in subparagraph (A), the term ‘in-
mate of a public institution’ does not include an individual 
who is in custody pending disposition of charges. 
‘‘(ii) In the case of an individual who is an eligible 
individual or eligible spouse for purposes of this title only 
because of the application of the definition in clause (i), 
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any supplemental security income benefits otherwise pay-
able shall be withheld until such time as the individual 
is no longer either in custody pending disposition of 
charges or an inmate of a public institution or shall be 
paid to the individual’s estate if the individual dies before 
the pending charges are disposed of or while the individual 
is an inmate of a public institution.’’. 
(d) CHIP.—Section 2110(b)(2)(A) of the Social Se-
curity Act (42 U.S.C. 1397jj(b)(2)(A)) is amended by in-
serting ‘‘(except as an individual in custody pending dis-
position of charges)’’ after ‘‘inmate of a public institu-
tion’’. 
(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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