119-s1720

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1720 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1720

 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

 May 12, 2025

 Mr. Cassidy (for himself, Mr. Merkley, Mr. Tillis, 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) Removal of Limitation.--

    (1) 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 striking ``for 
 an individual'' and all that follows through ``charges'' and 
 inserting ``for any individual while in custody pending 
 disposition of charges''.

    (2) Effective date.--The amendment made by paragraph

    (1) 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.

    (b) Conforming Amendment.--Effective January 2, 2026, subparagraph
        (A) of 

section 1902

    (a)

    (84) of the Social Security Act (42 U.S.C. 
1396a

    (a)

    (84) ) is amended to read as follows:
 ``
        (A) the State shall not terminate eligibility for 
 medical assistance under the State plan (or waiver of 
 such plan) for an individual because the individual is 
 an inmate of a public institution (as defined in 
 subsection

    (nn)

    (3) ) (or, if the State has elected the 
 option described in the subdivision
        (A) following the 
 last numbered paragraph of 

section 1905

    (a) , while the 
 individual is in custody pending disposition of 
 charges) but, subject to subparagraph
            (D) , may suspend 
 coverage during the period the individual is such an 
 inmate (or if the State has made such an election, 
 during the period the individual is in custody pending 
 disposition of charges);''.

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) ).
 <all>