Humane Correctional Health Care Act

II 116TH CONGRESS 1ST SESSION S. 2305 To amend title XIX of the Social Security Act to provide a consistent standard of health care to the incarcerated, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 29, 2019 Mr. BOOKER 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 provide a consistent standard of health care to the incarcerated, 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 SEC. 2. REPEAL OF MEDICAID INMATE EXCLUSION. 6 (a) IN GENERAL.—Section 1905(a) of the Social Se- 7 curity Act (42 U.S.C. 1396d(a)) is amended, in the matter 8 following paragraph (30), by striking ‘‘such term does not 9 include—’’ and all that follows through ‘‘patient in an in- 10 VerDate Sep 11 2014 05:41 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2305.IS S2305 kjohnson on DSK79L0C42 with BILLS 2 •S 2305 IS stitution for mental diseases’’ and inserting ‘‘such term 1 does not include any such payments with respect to care 2 or services for any individual who is under 65 years of 3 age and is a patient in an institution for mental diseases’’. 4 (b) CONFORMING AMENDMENTS.—Section 1902 of 5 the Social Security Act (42 U.S.C. 1396a) is amended— 6 (1) in subsection (a)— 7 (A) by striking paragraph (84); 8 (B) by redesignating paragraphs (85) and 9 (86) as paragraphs (84) and (85), respectively; 10 (C) in paragraph (84), as redesignated by 11 subparagraph (B), by striking ‘‘(oo)(1)’’ and in- 12 serting ‘‘(nn)(1)’’; and 13 (D) in paragraph (85), as redesignated by 14 subparagraph (B), by striking ‘‘(pp)’’ and in- 15 serting ‘‘(oo)’’; 16 (2) by striking subsection (nn); 17 (3) by redesignating subsections (oo) and (pp) 18 as subsections (nn) and (oo), respectively; 19 (4) in subsection (nn), as redesignated by para- 20 graph (3), by striking ‘‘(85)’’ and inserting ‘‘(84)’’; 21 and 22 (5) in subsection (oo), as redesignated by para- 23 graph (3), by striking ‘‘(86)’’ and inserting ‘‘(85)’’. 24 VerDate Sep 11 2014 05:41 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2305.IS S2305 kjohnson on DSK79L0C42 with BILLS 3 •S 2305 IS (c) EFFECTIVE DATE.—The amendments made by 1 this section shall apply with respect to medical assistance 2 provided on or after January 1, 2020. 3 SEC. 3. REPORT BY COMPTROLLER GENERAL. 4 Not later than the date that is three years after the 5 date of the enactment of this Act, and annually thereafter 6 for each of the following five years, the Comptroller Gen- 7 eral of the United States shall submit to Congress a report 8 containing the following information: 9 (1) The percentage of inmates that receive med- 10 ical assistance under a State plan under title XIX 11 of the Social Security Act (42 U.S.C. 1396 et seq.). 12 (2) The access of inmates to health care serv- 13 ices, including specialty care, and health care pro- 14 viders. 15 (3) The quality of health care services provided 16 to inmates. 17 (4) Any impact of coverage under such a State 18 plan on recidivism. 19 (5) The percentage of inmates who, upon re- 20 lease, are— 21 (A) enrolled under such a State plan; and 22 (B) connected to a primary care provider 23 in their community. 24 VerDate Sep 11 2014 05:41 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2305.IS S2305 kjohnson on DSK79L0C42 with BILLS 4 •S 2305 IS (6) Trends in the prevalence and incidence of 1 illness and injury among inmates. 2 (7) Any other information the Comptroller Gen- 3 eral determines necessary regarding the health of in- 4 mates. 5 SEC. 4. SENSE OF CONGRESS ON INCARCERATION AND 6 COMMUNITY-BASED HEALTH SERVICES. 7 It is the sense of Congress that— 8 (1) no individual in the United States should be 9 incarcerated for the purpose of being provided with 10 health care that is unavailable to the individual in 11 the individual’s community; 12 (2) each State and unit of local government 13 should establish programs that offer community- 14 based health services (including mental health and 15 substance use disorder services) commensurate with 16 the principle stated in paragraph (1); and 17 (3) Federal reimbursement for expenditures on 18 medical assistance made available through the 19 amendments made by this Act should not supplant 20 an investment in community-based services. 21 Æ VerDate Sep 11 2014 05:41 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S2305.IS S2305 kjohnson on DSK79L0C42 with BILLS