Title: Due Process Continuity of Care Act
Policy area: Health

Summary:
Due Process Continuity of Care Act
This bill allows an otherwise eligible individual who is in custody pending disposition of charges (i.e., pretrial detainees) to receive Medicaid benefits at the option of the state. The bill also provides funds for state planning grants to support the provision of such benefits.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2697 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2697

 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 SENATE OF THE UNITED STATES

                            August 10, 2021

 Mr. Cassidy (for himself, Mr. Merkley, and Mr. Markey) 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 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Due Process Continuity of Care 
Act''.

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 planning 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 requirements 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, 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 population.
            (3) The development of a plan, taking into account 
        activities described in subsection (c)(2), that will ensure a 
        sustainable number of Medicaid-enrolled 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 number of 
                providers that will offer physical health treatment, as 
                well as services related to behavioral health 
                treatment, including substance use disorder treatment, 
                recovery, or support services (including short-term 
                detoxification services, outpatient substance use 
                disorder services, and evidence-based peer recovery 
                services).
                    (B) Milestones and timeliness for implementing 
                activities set forth in the plan.
                    (C) Specific measurable targets for increasing the 
                number of providers under the State Medicaid program 
                who will treat the patient population described in 
                paragraph (2).
            (4) An assurance that the State consulted with relevant 
        stakeholders, including the State agency responsible for 
        administering the State Medicaid program, Medicaid managed care 
        plans, health care providers, law enforcement personnel, 
        officials from jails, and Medicaid beneficiary advocates, with 
        respect to the preparation and completion of the application 
        and a description of such consultation.
    (c) Activities Described.--For purposes of subsection (b)(1), the 
activities described in this subsection are the following:
            (1) Activities that support the development of an initial 
        assessment of the health treatment needs of patients who are in 
        custody pending disposition of charges to determine the extent 
        to which providers are needed (including the types of such 
        providers and geographic area of need) to improve the number of 
        providers that will treat patients in custody pending 
        disposition of charges under the State Medicaid program, 
        including the following:
                    (A) An estimate of the number of individuals 
                enrolled under the State Medicaid program who are in 
                custody pending disposition of charges.
                    (B) Information on the capacity of providers to 
                provide treatment or services to such individuals 
                enrolled under the State Medicaid program, including 
                information on providers who provide such services and 
                their participation under the State Medicaid program.
                    (C) Information on the health care services 
                provided under programs other than the State Medicaid 
                program in jails to individuals who are in custody 
                pending disposition of charges.
            (2) Activities that, taking into account the results of the 
        assessment described in paragraph (1) with respect to the 
        provision of treatment or services under the State Medicaid 
        program, support the development of State infrastructure to 
        recruit or contract with prospective health care providers, 
        provide training and technical assistance to such providers, 
        and secure a process for an electronic health record system for 
        billing to reimburse for services provided by the correctional 
        facility, outpatient providers, medical vendors, and contracted 
        telehealth service providers to patients who are in custody 
        pending disposition of charges that are compliant with 
        applicable requirements and regulations for State Medicaid 
        programs.
            (3) Activities that ensure the quality of care for patients 
        who are in custody pending disposition of charges, including 
        formal reporting mechanisms for patient outcomes, and 
        activities that promote participation in learning 
        collaboratives among providers treating this population.
    (d) Geographic Diversity.--The Secretary shall select States for 
planning grants under this section in a manner that ensures geographic 
diversity.
    (e) Funding.--Out of any money in the Treasury not otherwise 
appropriated, there are appropriated to the Secretary to carry out this 
section, $50,000,000, to remain available until expended.
    (f) Definitions.--In this section:
            (1) Medicaid program.--The term ``Medicaid program'' means, 
        with respect to a State, the State program under title XIX of 
        the Social Security Act (42 U.S.C. 1396 et seq.) including any 
        waiver or demonstration under such title or under section 1115 
        of such Act (42 U.S.C. 1315) relating to such title.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (3) State.--The term ``State'' has the meaning given that 
        term for purposes of title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.) in section 1101(a)(1) of such Act (42 
        U.S.C. 1301(a)(1)).
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