Title: Equity in Pretrial Health Coverage Act
Policy area: Health

Summary:
Equity in Pretrial Health Coverage Act
This bill allows an otherwise eligible individual who is in custody pending disposition of charges (i.e., pretrial detainees) to receive health care benefits through Medicare, Medicaid, the Children's Health Insurance Program (CHIP), and the Department of Veterans Affairs.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3050 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3050

     To remove limitations under Medicaid, Medicare, CHIP, and the 
   Department of Veterans Affairs on benefits for persons in custody 
                    pending disposition of charges.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 21, 2021

   Mr. Markey (for himself, Mr. Merkley, Mr. Brown, Mr. Durbin, Mr. 
 Booker, Mr. Padilla, and Ms. Baldwin) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
     To remove limitations under Medicaid, Medicare, CHIP, and the 
   Department of Veterans Affairs on benefits for persons in custody 
                    pending disposition of charges.

    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 ``Equity in Pretrial Health Coverage 
Act''.

SEC. 2. REMOVAL OF INMATE LIMITATION ON BENEFITS UNDER MEDICAID, 
              MEDICARE, CHIP, AND THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Medicaid.--The subdivision (A) of section 1905(a) of the Social 
Security Act (42 U.S.C. 1396d(a)) that follows paragraph (31) is 
amended by inserting ``or in custody pending disposition of charges'' 
after ``patient in a medical institution''.
    (b) Medicare.--Section 1862(a)(3) of the Social Security 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) CHIP.--Section 2110(b)(2)(A) of the Social Security Act (42 
U.S.C. 1397jj(b)(2)(A)) is amended by inserting ``(except as an 
individual in custody pending disposition of charges)'' after ``inmate 
of a public institution''.
    (d) Modification of Inmate Limitation on Health Care Benefits From 
Department of Veterans Affairs.--The Secretary of Veterans Affairs 
shall modify section 17.38(c)(5) of title 38, Code of Federal 
Regulations, or successor regulations, to ensure that the exclusion of 
veterans who are inmates from eligibility for health care from the 
Department of Veterans Affairs under such section does not apply to 
veterans who are in custody pending disposition of charges.
    (e) Effective Dates.--
            (1) In general.--The amendments made by subsections (a), 
        (b), and (c) shall take effect on the 1st day of the 1st 
        calendar quarter that begins more than 60 days after the date 
        of enactment of this Act and shall apply to items and services 
        furnished for periods beginning on or after such date.
            (2) Department of veterans affairs.--Subsection (d) shall 
        take effect on the date of enactment of this Act.
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