I 
117TH CONGRESS 
1ST SESSION 
H. R. 955 
To amend title XIX of the Social Security Act to allow States to make 
medical assistance available to inmates during the 30-day period pre-
ceding their release. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 8, 2021 
Mr. TONKO (for himself, Mr. TURNER, Mr. TRONE, Mr. MCKINLEY, Ms. 
UNDERWOOD, Mr. FITZPATRICK, and Mr. HASTINGS) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce 
A BILL 
To amend title XIX of the Social Security Act to allow 
States to make medical assistance available to inmates 
during the 30-day period preceding their release. 
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 ‘‘Medicaid Reentry Act 
of 2021’’. 
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SEC. 2. ALLOWING FOR MEDICAL ASSISTANCE UNDER MED-
ICAID FOR INMATES DURING 30-DAY PERIOD 
PRECEDING RELEASE. 
(a) IN GENERAL.—The subdivision (A) following 
paragraph (30) of section 1905(a) of the Social Security 
Act (42 U.S.C. 1396d(a)) is amended by inserting ‘‘and 
except during the 30-day period preceding the date of re-
lease of such individual from such public institution’’ after 
‘‘medical institution’’. 
(b) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Medicaid and CHIP 
Payment and Access Commission shall submit a report to 
Congress on the Medicaid inmate exclusion under the sub-
division (A) following paragraph (30) of section 1905(a) 
of the Social Security Act (42 U.S.C. 1396d(a)). Such re-
port shall, to the extent practicable, include the following 
information: 
(1) PROVISION
OF
CARE
IN
CORRECTIONAL 
SETTINGS.—An analysis and description of stand-
ards for health and safety for individuals who are in-
mates of correctional facilities, the health care pro-
vided to such individuals, and the physical environ-
ment in which health care is provided to such indi-
viduals, which may include the following: 
(A) An assessment of access to health care 
for incarcerated individuals, including a descrip-
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tion of medical and behavioral health services 
generally available to incarcerated individuals. 
(B) An assessment of Medicare and Med-
icaid conditions of participation for hospitals, 
psychiatric 
facilities, 
psychiatric 
residential 
treatment facilities, nursing facilities, and other 
relevant provider types, if any, and their poten-
tial application to health care services furnished 
to individuals who are inmates of correctional 
facilities. 
(C) An assessment of State licensing and 
certification standards, processes, and enforce-
ment mechanisms for correctional facilities, and 
the potential application of such standards, 
processes, and enforcement mechanisms to the 
provision of health care to individuals who are 
inmates of correctional facilities. 
(D) An assessment of accrediting bodies 
for correctional facilities, the respective accred-
iting standards of such bodies, and the accred-
iting practices relevant to health care services 
provided by correctional facilities to individuals 
who are inmates of such facilities, in compari-
son to major community health care facility ac-
crediting bodies. 
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(2) IMPACT OF THE MEDICAID REENTRY ACT; 
RECOMMENDATIONS FOR ADDITIONAL ACTION.— 
(A) The number of incarcerated individuals 
who would otherwise be eligible to enroll for 
medical assistance under a State plan approved 
under title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.) (or a waiver of such a 
plan). 
(B) An analysis of the preliminary impact 
of the amendment made by subsection (a) on 
health care coverage and the transition back 
into the community for individuals who are 
newly released from correctional facilities. 
(C) A description of current practices re-
lated to the discharge of incarcerated individ-
uals, including how correctional facilities inter-
act with State Medicaid agencies to ensure that 
such individuals who are eligible to enroll for 
medical assistance under a State plan or waiver 
described in subparagraph (A) are so enrolled. 
(D) If determined appropriate by the Com-
mission, recommendations for Congress, the 
Department of Health and Human Services, or 
States on further legislative or administrative 
actions to— 
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(i) ensure access to comprehensive 
health coverage for incarcerated and newly 
released individuals, including an assess-
ment of the impact of the Medicaid inmate 
exclusion; and 
(ii) better facilitate an effective transi-
tion to community services and addiction 
treatment for newly released individuals. 
(E) Any other information that the Com-
mission determines would be useful to Con-
gress. 
Æ 
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