Humane Correctional Health Care Act

I 117TH CONGRESS 1ST SESSION H. R. 3514 To amend title XIX of the Social Security Act to provide a consistent standard of health care to incarcerated individuals, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 25, 2021 Ms. KUSTER (for herself, Mr. FITZPATRICK, Mr. MCKINLEY, Ms. BONAMICI, Ms. BLUNT ROCHESTER, Mr. TRONE, Mr. TAKANO, Ms. KELLY of Illi- nois, Ms. CASTOR of Florida, Ms. BROWNLEY, and Ms. CLARK of Massa- chusetts) introduced the following bill; which was referred to the Com- mittee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction of the committee concerned A BILL To amend title XIX of the Social Security Act to provide a consistent standard of health care to incarcerated indi- viduals, and for other purposes. 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 ‘‘Humane Correctional 4 Health Care Act’’. 5 VerDate Sep 11 2014 23:28 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3514.IH H3514 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3514 IH SEC. 2. REPEAL OF MEDICAID EXCLUSION RELATING TO IN- 1 CARCERATED INDIVIDUALS. 2 (a) IN GENERAL.—Section 1905(a) of the Social Se- 3 curity Act (42 U.S.C. 1396d(a)) is amended, in the matter 4 following paragraph (31), by striking ‘‘such term does not 5 include—’’ and all that follows through ‘‘patient in an in- 6 stitution for mental diseases’’ and inserting ‘‘such term 7 does not include any such payments with respect to care 8 or services for any individual who has not attained 65 9 years of age and who is a patient in an institution for 10 mental diseases’’. 11 (b) CONFORMING AMENDMENTS.—Section 1902(a) 12 of the Social Security Act (42 U.S.C. 1396a(a)) is amend- 13 ed— 14 (1) by striking paragraph (84); and 15 (2) by striking subsection (nn). 16 (c) EFFECTIVE DATE.—The amendments made by 17 this section shall apply with respect to medical assistance 18 provided on or after January 1, 2022. 19 SEC. 3. REPORT BY COMPTROLLER GENERAL. 20 Not later than the date that is 3 years after the date 21 of enactment of this Act, and annually thereafter for each 22 of the following 5 years, the Comptroller General of the 23 United States shall submit to Congress a report con- 24 taining the following information: 25 VerDate Sep 11 2014 23:28 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3514.IH H3514 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3514 IH (1) The percentage of incarcerated individuals 1 that receive medical assistance under a State plan 2 under title XIX of the Social Security Act (42 3 U.S.C. 1396 et seq.). 4 (2) The access of incarcerated individuals to 5 health care services, including specialty care, and 6 health care providers. 7 (3) The quality of health care services provided 8 to incarcerated individuals. 9 (4) Any impact of coverage under such a State 10 plan on recidivism. 11 (5) The percentage of incarcerated individuals 12 who, upon release, are— 13 (A) enrolled under such a State plan; and 14 (B) connected to a primary care provider 15 in their community. 16 (6) Trends in the prevalence and incidence of 17 illness and injury among incarcerated individuals. 18 (7) Any other information the Comptroller Gen- 19 eral determines necessary regarding the health of in- 20 carcerated individuals. 21 SEC. 4. SENSE OF CONGRESS ON INCARCERATION AND 22 COMMUNITY-BASED HEALTH SERVICES. 23 It is the sense of Congress that— 24 VerDate Sep 11 2014 23:28 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3514.IH H3514 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3514 IH (1) no individual in the United States should be 1 incarcerated for the purpose of being provided with 2 health care that is unavailable to the individual in 3 the individual’s community; 4 (2) each State and unit of local government 5 should establish programs that offer community- 6 based health services (including mental health and 7 substance use disorder services) commensurate with 8 the principle stated in paragraph (1); and 9 (3) Federal reimbursement for expenditures on 10 medical assistance made available through the 11 amendments made by this Act should not supplant 12 an investment in community-based services. 13 Æ VerDate Sep 11 2014 23:28 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3514.IH H3514 kjohnson on DSK79L0C42PROD with BILLS