II 118th CONGRESS 1st Session S. 2194 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Markey (for himself, Mr. Merkley , Mr. Booker , Mr. Padilla , Mr. Durbin , Mr. Brown , Ms. Warren , Ms. Klobuchar , 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.

1. Short title This Act may be cited as the Equity in Pretrial Health Coverage Act . 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 the last numbered paragraph of such section is amended by inserting , or in the case of care or services furnished to an individual who is in custody pending disposition of charges before ); . (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 items or 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) Conforming amendments (1) Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended— (A) in section 1902(a)(84)(A), by inserting (except for any portion of such period during which the juvenile is in custody pending disposition of charges) after is such an inmate ; (B) in section 1902(nn)(3), by striking paragraph (31) and inserting the last numbered paragraph ; and (C) in the fifth sentence of section 1905(a), by striking paragraph (30) and inserting the last numbered paragraph . (2) Section 5122(c) of division FF of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ) is amended to read as follows: (c) Effective date; supersession (1) Effective date Except as provided in paragraph (2), the amendments made by this section shall take effect on the first day of the first calendar quarter that begins after the date that is 24 months 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) Supersession The amendments made by this section— (A) shall not take effect if the amendments made by subsections (a) and (c) of section 2 of the Equity in Pretrial Health Coverage Act take effect before the effective date described in paragraph (1); and (B) shall cease to be effective on the date on which the amendments made by subsections (a) and (c) of section 2 of the Equity in Pretrial Health Coverage Act take effect. . (f) Effective dates (1) In general The amendments made by subsections (a), (b), (c), and (e)(1) 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 Subsections (d) and the amendment made by subsection (e)(2) shall take effect on the date of enactment of this Act.