I 
111TH CONGRESS 
1ST SESSION H. R. 2209 
To amend titles XVI, XVIII, XIX, and XXI of the Social Security Act 
to remove limitations on Medicaid, Medicare, SSI, and SCHIP benefits 
for persons in custody pending disposition of charges. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 30, 2009 
Mr. HASTINGS of Florida (for himself, Mr. HOLT, Mr. BURGESS, Ms. LEE 
of California, Mr. WEXLER, Mr. PETERSON, Mrs. CHRISTENSEN, Mr. 
GRIJALVA, Mr. MORAN of Virginia, Ms. MCCOLLUM, Mr. ELLSWORTH, 
Ms. GRANGER, Mr. MEEK of Florida, Mr. FATTAH, and Ms. WASSERMAN 
SCHULTZ) 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 SCHIP 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 2009’’. 
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SEC. 2. FINDINGS. 
Congress makes the following findings: 
(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 
benefits under the Medicare, Medicaid, Supplemental 
Security Income (SSI), or State Children’s Health 
Insurance (SCHIP) Program health benefits to in-
mates even if the person is awaiting trial in jail and 
has not been convicted. However, beneficiaries who 
are released after posting bond, or who are released 
under their own recognizance, or who are released 
under house arrest may continue to receive Medi-
care, Medicaid, SSI, and SCHIP 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 
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costs for inmates who have not been convicted places 
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 
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SCHIP, until such time as they may be convicted 
and sentenced to an institution. SSI payments 
should be held until the inmate has been acquitted 
and released, 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 
SCHIP. 
(a) MEDICAID.—The subdivision A of section 1905(a) 
of the Social Security Act (42 U.S.C. 1396d(a)) that fol-
lows paragraph (28) is amended by inserting ‘‘or in cus-
tody pending disposition of charges’’ after ‘‘patient in a 
medical institution’’. 
(b) MEDICARE.—Section 1862(a)(3) of such Act (42 
U.S.C. 1395y(a)(3)) is amended by inserting ‘‘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 such 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 
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because of the application of the definition in clause (i), 
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) SCHIP.—Section 2110(b)(1) of such Act (42 
U.S.C. 1397jj(b)(1)) is amended by inserting ‘‘(except as 
an individual in custody pending disposition of charges)’’ 
after ‘‘inmate of a public institution’’. 
(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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