I 
118TH CONGRESS 
1ST SESSION H. R. 3860 
To amend titles XIX and XXI of the Social Security Act to provide a 
consistent standard of health care to incarcerated individuals, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 6, 2023 
Ms. KUSTER (for herself, Mr. FITZPATRICK, Ms. BLUNT ROCHESTER, Mr. 
CA´RDENAS, Mr. TRONE, Ms. BONAMICI, Mr. SMITH of Washington, Ms. 
SEWELL, Ms. BALINT, and Mr. MCGOVERN) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committee on the Judiciary, for a period to be subse-
quently 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 XIX and XXI of the Social Security Act 
to provide a consistent standard of health care to incar-
cerated individuals, 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 ‘‘Humane Correctional 
Health Care Act’’. 
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by striking ‘‘set forth in the subdivision (B) fol-
lowing paragraph (30) of the first sentence of this 
subsection’’ and inserting ‘‘set forth in the portion 
of the first sentence of this subsection that follows 
the last numbered paragraph of this subsection’’. 
(3) Section 5122 of division FF of the Consoli-
dated Appropriations Act, 2023 (Public Law 117– 
328) is repealed. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to medical assistance, 
child health assistance, and pregnancy-related assistance 
provided on or after January 1, 2024. 
SEC. 3. REPORT BY COMPTROLLER GENERAL. 
Not later than the date that is 3 years after the date 
of enactment of this Act, and annually thereafter for each 
of the following 5 years, the Comptroller General of the 
United States shall submit to Congress a report con-
taining the following information: 
(1) The percentage of incarcerated individuals 
that receive medical assistance under a State plan 
under title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.) or child health assistance or 
pregnancy-related assistance under a State plan 
under title XXI of the Social Security Act (42 
U.S.C. 1397aa et seq.). 
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(2) The access of incarcerated individuals to 
health care services, including specialty care, and 
health care providers. 
(3) The quality of healthcare services provided 
to incarcerated individuals. 
(4) Any impact of coverage under such a State 
plan on recidivism. 
(5) The percentage of incarcerated individuals 
who, upon release, are— 
(A) enrolled under such a State plan; and 
(B) connected to a primary care provider 
in their community. 
(6) Trends in the prevalence and incidence of 
illness and injury among incarcerated individuals. 
(7) Any other information the Comptroller Gen-
eral determines necessary regarding the health of in-
carcerated individuals. 
SEC. 4. SENSE OF CONGRESS ON INCARCERATION AND 
COMMUNITY-BASED HEALTH SERVICES. 
It is the sense of Congress that— 
(1) no individual in the United States should be 
incarcerated for the purpose of being provided with 
health care that is unavailable to the individual in 
the individual’s community; 
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(2) each State and unit of local government 
should establish programs that offer community- 
based health services (including mental health and 
substance use disorder services) commensurate with 
the principle stated in paragraph (1); and 
(3) Federal reimbursement for expenditures on 
medical assistance, child health assistance, or preg-
nancy-related assistance made available through the 
amendments made by this Act should not supplant 
an investment in community-based services. 
Æ 
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