Title: Supporting Positive Outcomes After Release Act
Policy area: Health

Summary:
Supporting Positive Outcomes After Release Act
This bill expands certain requirements relating to the eligibility of inmates of public institutions for Medicaid.
Currently, state Medicaid programs (1) may suspend, but not terminate, a juvenile's Medicaid eligibility while the juvenile is an inmate; and (2) must restore coverage or determine a juvenile's eligibility, as applicable, upon the juvenile's release. The bill extends these provisions to all inmates of public institutions, regardless of age.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2413 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2413

To amend title XIX of the Social Security Act to expand the requirement 
     for States to suspend, rather than terminate, an individual's 
eligibility for medical assistance under the State Medicaid plan while 
   the individual is an inmate of a public institution, to apply to 
                          inmates of any age.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2021

 Mr. Markey (for himself and Mr. Brown) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend title XIX of the Social Security Act to expand the requirement 
     for States to suspend, rather than terminate, an individual's 
eligibility for medical assistance under the State Medicaid plan while 
   the individual is an inmate of a public institution, to apply to 
                          inmates of any age.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Supporting Positive Outcomes After 
Release Act''.

SEC. 2. SUSPENSION OF MEDICAID BENEFITS FOR INMATES OF PUBLIC 
              INSTITUTIONS.

    (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 
1396a) is amended--
            (1) in subsection (a)(84)--
                    (A) in subparagraph (A), by striking ``individual 
                who is an eligible juvenile'' and all that follows 
                through ``inmate;'' and inserting ``eligible individual 
                (as defined in subsection (nn)(1)) because the 
                individual is an inmate of a public institution (as 
                defined in subsection (nn)(2)), but may suspend 
                coverage during the period the individual is such an 
                inmate;'';
                    (B) in subparagraph (B), by striking ``individual 
                who is an eligible juvenile described in paragraph 
                (2)(A)'' and inserting ``eligible individual who is 
                described in paragraph (1)(A)''; and
                    (C) in subparagraph (C), by striking ``individual 
                who is an eligible juvenile described in paragraph 
                (2)(B)'' and inserting ``eligible individual who is 
                described in paragraph (1)(B)''; and
            (2) by amending subsection (nn) to read as follows:
    ``(nn) Eligible Individual; Public Institution.--For purposes of 
subsection (a)(84) and this subsection:
            ``(1) Eligible individual.--The term `eligible individual' 
        means an individual who is an inmate of a public institution 
        and who--
                    ``(A) was determined eligible for medical 
                assistance under the State plan immediately before 
                becoming an inmate of such a public institution; or
                    ``(B) is determined eligible for such medical 
                assistance while an inmate of a public institution.
            ``(2) Inmate of a public institution.--The term `inmate of 
        a public institution' has the meaning given such term for 
        purposes of applying the subdivision (A) following paragraph 
        (31) of section 1905(a), taking into account the exception in 
        such subdivision for a patient of a medical institution.''.
    (b) Retroactive Effective Date.--The amendments made by subsection 
(a) shall take effect as if included in the enactment of section 1001 
of the SUPPORT for Patients and Communities Act (Public Law 115-271).
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