Medicaid Reentry Act of 2021

II 117TH CONGRESS 1ST SESSION S. 285 To amend title XIX of the Social Security Act to allow States to make medical assistance available to inmates during the 30-day period pre- ceding their release. IN THE SENATE OF THE UNITED STATES FEBRUARY 8, 2021 Ms. BALDWIN (for herself, Mr. BRAUN, Mr. WHITEHOUSE, and Mr. BROWN) 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 allow States to make medical assistance available to inmates during the 30-day period preceding their release. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Medicaid Reentry Act 4 of 2021’’. 5 VerDate Sep 11 2014 21:07 Mar 01, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S285.IS S285 jbell on DSKJLSW7X2PROD with BILLS 2 •S 285 IS SEC. 2. ALLOWING FOR MEDICAL ASSISTANCE UNDER MED- 1 ICAID FOR INMATES DURING 30-DAY PERIOD 2 PRECEDING RELEASE. 3 (a) IN GENERAL.—The subdivision (A) following 4 paragraph (30) of section 1905(a) of the Social Security 5 Act (42 U.S.C. 1396d(a)) is amended by inserting ‘‘and 6 except during the 30-day period preceding the date of re- 7 lease of such individual from such public institution’’ after 8 ‘‘medical institution’’. 9 (b) REPORT.—Not later than 18 months after the 10 date of enactment of this Act, the Medicaid and CHIP 11 Payment and Access Commission shall submit a report to 12 Congress on the Medicaid inmate exclusion under the sub- 13 division (A) following paragraph (30) of section 1905(a) 14 of the Social Security Act (42 U.S.C. 1396d(a)). Such re- 15 port shall, to the extent practicable, include the following 16 information: 17 (1) PROVISION OF CARE IN CORRECTIONAL 18 SETTINGS.—An analysis and description of stand- 19 ards for health and safety for individuals who are in- 20 mates of correctional facilities, the health care pro- 21 vided to such individuals, and the physical environ- 22 ment in which health care is provided to such indi- 23 viduals, which may include the following: 24 (A) An assessment of access to health care 25 for incarcerated individuals, including a descrip- 26 VerDate Sep 11 2014 21:07 Mar 01, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S285.IS S285 jbell on DSKJLSW7X2PROD with BILLS 3 •S 285 IS tion of medical and behavioral health services 1 generally available to incarcerated individuals. 2 (B) An assessment of Medicare and Med- 3 icaid conditions of participation for hospitals, 4 psychiatric facilities, psychiatric residential 5 treatment facilities, nursing facilities, and other 6 relevant provider types, if any, and their poten- 7 tial application to health care services furnished 8 to individuals who are inmates of correctional 9 facilities. 10 (C) An assessment of State licensing and 11 certification standards, processes, and enforce- 12 ment mechanisms for correctional facilities, and 13 the potential application of such standards, 14 processes, and enforcement mechanisms to the 15 provision of health care to individuals who are 16 inmates of correctional facilities. 17 (D) An assessment of accrediting bodies 18 for correctional facilities, the respective accred- 19 iting standards of such bodies, and the accred- 20 iting practices relevant to health care services 21 provided by correctional facilities to individuals 22 who are inmates of such facilities, in compari- 23 son to major community health care facility ac- 24 crediting bodies. 25 VerDate Sep 11 2014 21:07 Mar 01, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S285.IS S285 jbell on DSKJLSW7X2PROD with BILLS 4 •S 285 IS (2) IMPACT OF THE MEDICAID REENTRY ACT; 1 RECOMMENDATIONS FOR ADDITIONAL ACTION.— 2 (A) The number of incarcerated individuals 3 who would otherwise be eligible to enroll for 4 medical assistance under a State plan approved 5 under title XIX of the Social Security Act (42 6 U.S.C. 1396 et seq.) (or a waiver of such a 7 plan). 8 (B) An analysis of the preliminary impact 9 of the amendment made by subsection (a) on 10 health care coverage and the transition back 11 into the community for individuals who are 12 newly released from correctional facilities. 13 (C) A description of current practices re- 14 lated to the discharge of incarcerated individ- 15 uals, including how correctional facilities inter- 16 act with State Medicaid agencies to ensure that 17 such individuals who are eligible to enroll for 18 medical assistance under a State plan or waiver 19 described in subparagraph (A) are so enrolled. 20 (D) If determined appropriate by the Com- 21 mission, recommendations for Congress, the 22 Department of Health and Human Services, or 23 States on further legislative or administrative 24 actions to— 25 VerDate Sep 11 2014 21:07 Mar 01, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S285.IS S285 jbell on DSKJLSW7X2PROD with BILLS 5 •S 285 IS (i) ensure access to comprehensive 1 health coverage for incarcerated and newly 2 released individuals, including an assess- 3 ment of the impact of the Medicaid inmate 4 exclusion; and 5 (ii) better facilitate an effective transi- 6 tion to community services and addiction 7 treatment for newly released individuals. 8 (E) Any other information that the Com- 9 mission determines would be useful to Con- 10 gress. 11 Æ VerDate Sep 11 2014 21:07 Mar 01, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S285.IS S285 jbell on DSKJLSW7X2PROD with BILLS