II 118TH CONGRESS 1ST SESSION S. 1165 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 APRIL 17, 2023 Ms. BALDWIN (for herself, Mr. BRAUN, Mr. BROWN, and Mr. VANCE) intro- duced the following bill; which was read twice and referred to the Com- mittee 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 ‘‘Reentry Act of 2023’’. 4 SEC. 2. ALLOWING FOR MEDICAL ASSISTANCE UNDER MED- 5 ICAID FOR INMATES DURING 30-DAY PERIOD 6 PRECEDING RELEASE. 7 (a) IN GENERAL.—The subdivision (A) following the 8 last numbered paragraph of section 1905(a) of the Social 9 VerDate Sep 11 2014 01:31 Apr 18, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1165.IS S1165 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1165 IS Security Act (42 U.S.C. 1396d(a)) is amended by insert- 1 ing ‘‘, or in the case of any individual during the 30-day 2 period preceding the date of release of such individual 3 from such public institution’’ before ‘‘);’’. 4 (b) REPORT.—Not later than 18 months after the 5 date of enactment of this Act, the Medicaid and CHIP 6 Payment and Access Commission shall submit a report to 7 Congress on the Medicaid inmate exclusion under the sub- 8 division (A) following the last numbered paragraph of sec- 9 tion 1905(a) of the Social Security Act (42 U.S.C. 10 1396d(a)). Such report shall, to the extent practicable, in- 11 clude the following information: 12 (1) PROVISION OF CARE IN CORRECTIONAL 13 SETTINGS.—An analysis and description of stand- 14 ards for health and safety for individuals who are in- 15 mates of correctional facilities, the health care pro- 16 vided to such individuals, and the physical environ- 17 ment in which health care is provided to such indi- 18 viduals, which may include the following: 19 (A) An assessment of access to health care 20 for incarcerated individuals, including a descrip- 21 tion of medical and behavioral health services 22 generally available to incarcerated individuals. 23 (B) An assessment of Medicare and Med- 24 icaid conditions of participation for hospitals, 25 VerDate Sep 11 2014 01:31 Apr 18, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1165.IS S1165 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1165 IS psychiatric facilities, psychiatric residential 1 treatment facilities, nursing facilities, and other 2 relevant provider types, if any, and their poten- 3 tial application to health care services furnished 4 to individuals who are inmates of correctional 5 facilities. 6 (C) An assessment of State licensing and 7 certification standards, processes, and enforce- 8 ment mechanisms for correctional facilities, and 9 the potential application of such standards, 10 processes, and enforcement mechanisms to the 11 provision of health care to individuals who are 12 inmates of correctional facilities. 13 (D) An assessment of accrediting bodies 14 for correctional facilities, the respective accred- 15 iting standards of such bodies, and the accred- 16 iting practices relevant to health care services 17 provided by correctional facilities to individuals 18 who are inmates of such facilities, in compari- 19 son to major community health care facility ac- 20 crediting bodies. 21 (2) IMPACT OF THE REENTRY ACT; REC- 22 OMMENDATIONS FOR ADDITIONAL ACTION.— 23 (A) The number of incarcerated individuals 24 who would otherwise be eligible to enroll for 25 VerDate Sep 11 2014 01:31 Apr 18, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1165.IS S1165 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1165 IS medical assistance under a State plan approved 1 under title XIX of the Social Security Act (42 2 U.S.C. 1396 et seq.) (or a waiver of such a 3 plan). 4 (B) An analysis of the preliminary impact 5 of the amendment made by subsection (a) on 6 health care coverage and the transition back 7 into the community for individuals who are 8 newly released from correctional facilities. 9 (C) A description of current practices re- 10 lated to the discharge of incarcerated individ- 11 uals, including how correctional facilities inter- 12 act with State Medicaid agencies to ensure that 13 such individuals who are eligible to enroll for 14 medical assistance under a State plan or waiver 15 described in subparagraph (A) are so enrolled. 16 (D) If determined appropriate by the Com- 17 mission, recommendations for Congress, the 18 Department of Health and Human Services, or 19 States on further legislative or administrative 20 actions to— 21 (i) ensure access to comprehensive 22 health coverage for incarcerated and newly 23 released individuals, including an assess- 24 VerDate Sep 11 2014 01:31 Apr 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1165.IS S1165 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1165 IS ment of the impact of the Medicaid inmate 1 exclusion; and 2 (ii) better facilitate an effective transi- 3 tion to community services and addiction 4 treatment for newly released individuals. 5 (E) Any other information that the Com- 6 mission determines would be useful to Con- 7 gress. 8 Æ VerDate Sep 11 2014 01:31 Apr 18, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1165.IS S1165 pbinns on DSKJLVW7X2PROD with $$_JOB