I 
117TH CONGRESS 
2D SESSION 
H. R. 6636 
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 
FEBRUARY 7, 2022 
Mr. TRONE (for himself, Mr. EMMER, Mr. TURNER, Mr. TONKO, Mr. RUTH-
ERFORD, Mr. BACON, Ms. UNDERWOOD, Ms. NORTON, Mr. MOULTON, 
Ms. KUSTER, Mr. CA´RDENAS, Ms. JACKSON LEE, and Mrs. BEATTY) in-
troduced the following bill; which was referred to the Committee on En-
ergy 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 paragraph (31) of such section is amended by 
inserting ‘‘or, at the option of the State, while in custody 
pending disposition of charges’’ after ‘‘patient in a medical 
institution’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the 1st day of the 1st 
calendar quarter that begins after the 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 at least 10 States to support providing 
medical assistance under the State Medicaid program to 
individuals who are eligible for such assistance as a result 
of the amendment made by section 2(a). The grants shall 
be used to prepare an application that meets the require-
ments of subsection (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, 
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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 
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-
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