I 118TH CONGRESS 1ST SESSION H. R. 3074 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 HOUSE OF REPRESENTATIVES MAY 2, 2023 Mr. TRONE (for himself, Mr. TURNER, Mr. RUTHERFORD, Mr. TONKO, Mr. MEUSER, Mrs. BICE, Mr. BACON, Mr. JOYCE of Ohio, Mr. MOULTON, Mr. PHILLIPS, Ms. BLUNT ROCHESTER, Ms. MCCOLLUM, Mr. CA´RDENAS, Ms. KUSTER, Ms. NORTON, Mr. LIEU, and Mr. HARDER of California) introduced the following bill; which was referred to the Com- mittee on Energy and Commerce 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 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 ‘‘Due Process Con- 4 tinuity of Care Act’’. 5 VerDate Sep 11 2014 03:12 May 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3074.IH H3074 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3074 IH SEC. 2. REMOVAL OF INMATE LIMITATION ON BENEFITS 1 UNDER MEDICAID. 2 (a) IN GENERAL.—The subdivision (A) of section 3 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) 4 following the last numbered paragraph of such section is 5 amended by inserting ‘‘, or, at the option of the State, 6 while in custody pending disposition of charges’’ after ‘‘pa- 7 tient in a medical institution’’. 8 (b) CONFORMING AMENDMENTS.—Section 5122 of 9 division FF of the Consolidated Appropriations Act, 2023 10 (Public Law 117–328) is amended— 11 (1) in subsection (a), by striking ‘‘Medicaid’’ 12 and all that follows through ‘‘Section 13 1902(a)(84)(A)’’ and inserting ‘‘MEDICAID.—Sec- 14 tion 1902(a)(84)(A)’’; and 15 (2) in subsection (c), by inserting ‘‘, except that 16 if such date is later than the effective date described 17 in section 2(c) of the Due Process Continuity of 18 Care Act then the amendment made by subsection 19 (a) shall take effect and apply to items and services 20 furnished for periods beginning on or after the effec- 21 tive date described in such section’’ before the pe- 22 riod. 23 (c) EFFECTIVE DATE.—The amendments made by 24 subsections (a) and (b) shall take effect on the 1st day 25 of the 1st calendar quarter that begins on or after the 26 VerDate Sep 11 2014 03:12 May 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3074.IH H3074 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3074 IH date that is 60 days after the date of the enactment of 1 this Act and shall apply to items and services furnished 2 for periods beginning on or after such date. 3 SEC. 3. PLANNING GRANTS. 4 (a) IN GENERAL.—The Secretary shall award plan- 5 ning grants to States to support providing medical assist- 6 ance under the State Medicaid program to individuals who 7 are eligible for such assistance as a result of the amend- 8 ment made by section 2(a). The grants shall be used to 9 prepare an application that meets the requirements of sub- 10 section (b). 11 (b) APPLICATION REQUIREMENTS.—In order to be 12 awarded a planning grant under this section, a State shall 13 submit an application to the Secretary at such time and 14 in such form and manner as the Secretary shall require, 15 that includes the following information along with such 16 additional information, provisions, and assurances, as the 17 Secretary may require: 18 (1) A proposed process for carrying out each of 19 the activities described in subsection (c) in the State. 20 (2) A review of State policies regarding the 21 population of individuals who are eligible for medical 22 assistance under the State Medicaid program as a 23 result of the amendment made by section 2(a) with 24 respect to whether such policies may create barriers 25 VerDate Sep 11 2014 03:12 May 13, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3074.IH H3074 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3074 IH to increasing the number of health care providers 1 who can provide items and services for that popu- 2 lation. 3 (3) The development of a plan, taking into ac- 4 count activities described in subsection (c)(2), that 5 will ensure a sustainable number of Medicaid-en- 6 rolled providers under the State Medicaid program 7 that can offer a full array of treatment and services 8 to the patient population described in paragraph (2) 9 as needed. Such plan shall include the following: 10 (A) Specific activities to increase the num- 11 ber of providers that will offer physical health 12 treatment, as well as services related to behav- 13 ioral health treatment, including substance use 14 disorder treatment, recovery, or support serv- 15 ices (including short-term detoxification serv- 16 ices, outpatient substance use disorder services, 17 and evidence-based peer recovery services). 18 (B) Milestones and timeliness for imple- 19 menting activities set forth in the plan. 20 (C) Specific measurable targets for in- 21 creasing the number of providers under the 22 State Medicaid program who will treat the pa- 23 tient population described in paragraph (2). 24 VerDate Sep 11 2014 03:12 May 13, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3074.IH H3074 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3074 IH (4) An assurance that the State consulted with 1 relevant stakeholders, including the State agency re- 2 sponsible for administering the State Medicaid pro- 3 gram, Medicaid managed care plans, health care 4 providers, law enforcement personnel, officials from 5 jails, and Medicaid beneficiary advocates, with re- 6 spect to the preparation and completion of the appli- 7 cation and a description of such consultation. 8 (c) ACTIVITIES DESCRIBED.—For purposes of sub- 9 section (b)(1), the activities described in this subsection 10 are the following: 11 (1) Activities that support the development of 12 an initial assessment of the health treatment needs 13 of patients who are in custody pending disposition of 14 charges to determine the extent to which providers 15 are needed (including the types of such providers 16 and geographic area of need) to improve the number 17 of providers that will treat patients in custody pend- 18 ing disposition of charges under the State Medicaid 19 program, including the following: 20 (A) An estimate of the number of individ- 21 uals enrolled under the State Medicaid program 22 who are in custody pending disposition of 23 charges. 24 VerDate Sep 11 2014 03:12 May 13, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3074.IH H3074 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3074 IH (B) Information on the capacity of pro- 1 viders to provide treatment or services to such 2 individuals enrolled under the State Medicaid 3 program, including information on providers 4 who provide such services and their participa- 5 tion under the State Medicaid program. 6 (C) Information on the health care services 7 provided under programs other than the State 8 Medicaid program in jails to individuals who 9 are in custody pending disposition of charges. 10 (2) Activities that, taking into account the re- 11 sults of the assessment described in paragraph (1) 12 with respect to the provision of treatment or services 13 under the State Medicaid program, support the de- 14 velopment of State infrastructure to recruit or con- 15 tract with prospective health care providers, provide 16 training and technical assistance to such providers, 17 and secure a process for an electronic health record 18 system for billing to reimburse for services provided 19 by the correctional facility, outpatient providers, 20 medical vendors, and contracted telehealth service 21 providers to patients who are in custody pending dis- 22 position of charges that are compliant with applica- 23 ble requirements and regulations for State Medicaid 24 programs. 25 VerDate Sep 11 2014 03:12 May 13, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3074.IH H3074 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3074 IH (3) Activities that ensure the quality of care for 1 patients who are in custody pending disposition of 2 charges, including formal reporting mechanisms for 3 patient outcomes, and activities that promote par- 4 ticipation in learning collaboratives among providers 5 treating this population. 6 (d) GEOGRAPHIC DIVERSITY.—The Secretary shall 7 select States for planning grants under this section in a 8 manner that ensures geographic diversity. 9 (e) FUNDING.—There are authorized to be appro- 10 priated $50,000,000 to carry out this section. 11 (f) DEFINITIONS.—In this section: 12 (1) MEDICAID PROGRAM.—The term ‘‘Medicaid 13 program’’ means, with respect to a State, the State 14 program under title XIX of the Social Security Act 15 (42 U.S.C. 1396 et seq.) including any waiver or 16 demonstration under such title or under section 17 1115 of such Act (42 U.S.C. 1315) relating to such 18 title. 19 (2) SECRETARY.—The term ‘‘Secretary’’ means 20 the Secretary of Health and Human Services. 21 (3) STATE.—The term ‘‘State’’ has the mean- 22 ing given that term for purposes of title XIX of the 23 VerDate Sep 11 2014 03:12 May 13, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3074.IH H3074 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3074 IH Social Security Act (42 U.S.C. 1396 et seq.) in sec- 1 tion 1101(a)(1) of such Act (42 U.S.C. 1301(a)(1)). 2 Æ VerDate Sep 11 2014 03:12 May 13, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H3074.IH H3074 pbinns on DSKJLVW7X2PROD with $$_JOB