Due Process Continuity of Care Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1510 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 1510

 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 HOUSE OF REPRESENTATIVES

                           February 21, 2025

 Mr. Turner of Texas (for himself, Mr. Turner of Ohio, Mr. Rutherford,
  Mr. Tonko, Mr. Bacon, Mr. Van Drew, Mr. Finstad, Mr. Obernolte, Mr.
 Doggett, Ms. Norton, Ms. Scanlon, Mr. Smith of Washington, Mr. Costa,
  Mr. Goldman of New York, Mr. Horsford, Ms. Crockett, Ms. Tlaib, Ms.
Brownley, Ms. McCollum, Ms. Bonamici, and Ms. Stansbury) introduced the
   following bill; which was referred to the Committee on Energy and
                                Commerce

_______________________________________________________________________

                                 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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