I 
118TH CONGRESS 
1ST SESSION H. R. 3074 
To amend title XIX of the Social Security Act to remove the Medicaid 
coverage exclusion for inmates in custody pending disposition of charges, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 2, 2023 
Mr. TRONE (for himself, Mr. TURNER, Mr. RUTHERFORD, Mr. TONKO, Mr. 
MEUSER, Mrs. BICE, Mr. BACON, Mr. JOYCE of Ohio, Mr. MOULTON, 
Mr. PHILLIPS, Ms. BLUNT
ROCHESTER, Ms. MCCOLLUM, Mr. 
CA´RDENAS, Ms. KUSTER, Ms. NORTON, Mr. LIEU, and Mr. HARDER of 
California) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To amend title XIX of the Social Security Act to remove 
the Medicaid coverage exclusion for inmates in custody 
pending disposition of charges, 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 ‘‘Due Process Con-
tinuity of Care Act’’. 
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SEC. 2. REMOVAL OF INMATE LIMITATION ON BENEFITS 
UNDER MEDICAID. 
(a) IN GENERAL.—The subdivision (A) of section 
1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) 
following the last numbered paragraph of such section is 
amended by inserting ‘‘, or, at the option of the State, 
while in custody pending disposition of charges’’ after ‘‘pa-
tient in a medical institution’’. 
(b) CONFORMING AMENDMENTS.—Section 5122 of 
division FF of the Consolidated Appropriations Act, 2023 
(Public Law 117–328) is amended— 
(1) in subsection (a), by striking ‘‘Medicaid’’ 
and 
all 
that 
follows 
through 
‘‘Section 
1902(a)(84)(A)’’ and inserting ‘‘MEDICAID.—Sec-
tion 1902(a)(84)(A)’’; and 
(2) in subsection (c), by inserting ‘‘, except that 
if such date is later than the effective date described 
in section 2(c) of the Due Process Continuity of 
Care Act then the amendment made by subsection 
(a) shall take effect and apply to items and services 
furnished for periods beginning on or after the effec-
tive date described in such section’’ before the pe-
riod. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect on the 1st day 
of the 1st calendar quarter that begins on or after the 
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date that is 60 days after the date of the enactment of 
this Act and shall apply to items and services furnished 
for periods beginning on or after such date. 
SEC. 3. PLANNING GRANTS. 
(a) IN GENERAL.—The Secretary shall award plan-
ning grants to States to support providing medical assist-
ance under the State Medicaid program to individuals who 
are eligible for such assistance as a result of the amend-
ment made by section 2(a). The grants shall be used to 
prepare an application that meets the requirements of sub-
section (b). 
(b) APPLICATION REQUIREMENTS.—In order to be 
awarded a planning grant under this section, a State shall 
submit an application to the Secretary at such time and 
in such form and manner as the Secretary shall require, 
that includes the following information along with such 
additional information, provisions, and assurances, as the 
Secretary may require: 
(1) A proposed process for carrying out each of 
the activities described in subsection (c) in the State. 
(2) A review of State policies regarding the 
population of individuals who are eligible for medical 
assistance under the State Medicaid program as a 
result of the amendment made by section 2(a) with 
respect to whether such policies may create barriers 
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to increasing the number of health care providers 
who can provide items and services for that popu-
lation. 
(3) The development of a plan, taking into ac-
count activities described in subsection (c)(2), that 
will ensure a sustainable number of Medicaid-en-
rolled providers under the State Medicaid program 
that can offer a full array of treatment and services 
to the patient population described in paragraph (2) 
as needed. Such plan shall include the following: 
(A) Specific activities to increase the num-
ber of providers that will offer physical health 
treatment, as well as services related to behav-
ioral health treatment, including substance use 
disorder treatment, recovery, or support serv-
ices (including short-term detoxification serv-
ices, outpatient substance use disorder services, 
and evidence-based peer recovery services). 
(B) Milestones and timeliness for imple-
menting activities set forth in the plan. 
(C) Specific measurable targets for in-
creasing the number of providers under the 
State Medicaid program who will treat the pa-
tient population described in paragraph (2). 
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(4) An assurance that the State consulted with 
relevant stakeholders, including the State agency re-
sponsible for administering the State Medicaid pro-
gram, Medicaid managed care plans, health care 
providers, law enforcement personnel, officials from 
jails, and Medicaid beneficiary advocates, with re-
spect to the preparation and completion of the appli-
cation and a description of such consultation. 
(c) ACTIVITIES DESCRIBED.—For purposes of sub-
section (b)(1), the activities described in this subsection 
are the following: 
(1) Activities that support the development of 
an initial assessment of the health treatment needs 
of patients who are in custody pending disposition of 
charges to determine the extent to which providers 
are needed (including the types of such providers 
and geographic area of need) to improve the number 
of providers that will treat patients in custody pend-
ing disposition of charges under the State Medicaid 
program, including the following: 
(A) An estimate of the number of individ-
uals enrolled under the State Medicaid program 
who are in custody pending disposition of 
charges. 
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(B) Information on the capacity of pro-
viders to provide treatment or services to such 
individuals enrolled under the State Medicaid 
program, including information on providers 
who provide such services and their participa-
tion under the State Medicaid program. 
(C) Information on the health care services 
provided under programs other than the State 
Medicaid program in jails to individuals who 
are in custody pending disposition of charges. 
(2) Activities that, taking into account the re-
sults of the assessment described in paragraph (1) 
with respect to the provision of treatment or services 
under the State Medicaid program, support the de-
velopment of State infrastructure to recruit or con-
tract with prospective health care providers, provide 
training and technical assistance to such providers, 
and secure a process for an electronic health record 
system for billing to reimburse for services provided 
by the correctional facility, outpatient providers, 
medical vendors, and contracted telehealth service 
providers to patients who are in custody pending dis-
position of charges that are compliant with applica-
ble requirements and regulations for State Medicaid 
programs. 
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(3) Activities that ensure the quality of care for 
patients who are in custody pending disposition of 
charges, including formal reporting mechanisms for 
patient outcomes, and activities that promote par-
ticipation in learning collaboratives among providers 
treating this population. 
(d) GEOGRAPHIC DIVERSITY.—The Secretary shall 
select States for planning grants under this section in a 
manner that ensures geographic diversity. 
(e) FUNDING.—There are authorized to be appro-
priated $50,000,000 to carry out this section. 
(f) DEFINITIONS.—In this section: 
(1) MEDICAID PROGRAM.—The term ‘‘Medicaid 
program’’ means, with respect to a State, the State 
program under title XIX of the Social Security Act 
(42 U.S.C. 1396 et seq.) including any waiver or 
demonstration under such title or under section 
1115 of such Act (42 U.S.C. 1315) relating to such 
title. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
(3) STATE.—The term ‘‘State’’ has the mean-
ing given that term for purposes of title XIX of the 
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Social Security Act (42 U.S.C. 1396 et seq.) in sec-
tion 1101(a)(1) of such Act (42 U.S.C. 1301(a)(1)). 
Æ 
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