[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 971 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 971
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
March 23, 2023
Mr. Cassidy (for himself, Mr. Merkley, Mr. Markey, and Mr. Tillis)
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 the last numbered
paragraph 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) Conforming Amendments.--Section 5122 of division FF of the
Consolidated Appropriations Act, 2023 (Public Law 117-328) is amended--
(1) in subsection (a), by striking ``Medicaid'' and all
that follows through ``Section 1902(a)(84)(A)'' and inserting
``Medicaid.--Section 1902(a)(84)(A)''; and
(2) in subsection (c), by inserting ``, except that if such
date is later than the effective date described in section 2(c)
of the Due Process Continuity of Care Act then the amendment
made by subsection (a) shall take effect and apply to items and
services furnished for periods beginning on or after the
effective date described in such section'' before the period.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the 1st day of the 1st calendar quarter that
begins on or 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
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.--There are authorized to be appropriated $50,000,000
to carry out this section.
(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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