Humane Correctional Health Care Act

II 118TH CONGRESS 1ST SESSION S. 1820 To amend titles XIX and XXI of the Social Security Act to provide a consistent standard of health care to incarcerated individuals, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 6, 2023 Mr. BOOKER introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend titles XIX and XXI of the Social Security Act to provide a consistent standard of health care to incar- cerated individuals, 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 AND CHIP EXCLUSIONS RE- 6 LATING TO INCARCERATED INDIVIDUALS. 7 (a) MEDICAID.—Section 1905(a) of the Social Secu- 8 rity Act (42 U.S.C. 1396d(a)) is amended, in the matter 9 VerDate Sep 11 2014 21:25 Jun 26, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1820.IS S1820 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1820 IS following paragraph (31), by striking ‘‘such term does not 1 include—’’ and all that follows through ‘‘patient in an in- 2 stitution for mental diseases’’ and inserting ‘‘such term 3 does not include any such payments with respect to care 4 or services for any individual who has not attained 65 5 years of age and who is a patient in an institution for 6 mental diseases’’. 7 (b) CHIP.—Section 2110(b) of the Social Security 8 Act (42 U.S.C. 1397jj(b)) is amended— 9 (1) in paragraph (2)(A), by striking ‘‘except as 10 provided’’ and all that follows through ‘‘public insti- 11 tution or’’; and 12 (2) by striking paragraph (7). 13 (c) CONFORMING AMENDMENTS.— 14 (1) Section 1902 of the Social Security Act (42 15 U.S.C. 1396a) is amended— 16 (A) in subsection (a), by striking para- 17 graph (84); and 18 (B) by striking subsection (nn). 19 (2) Section 1905(a) of the Social Security Act 20 (42 U.S.C. 1396d(a)), as amended by subsection (a), 21 is amended, in the matter following paragraph (31), 22 by striking ‘‘set forth in the subdivision (B) fol- 23 lowing paragraph (30) of the first sentence of this 24 subsection’’ and inserting ‘‘set forth in the portion 25 VerDate Sep 11 2014 21:25 Jun 26, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1820.IS S1820 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1820 IS of the first sentence of this subsection that follows 1 the last numbered paragraph of this subsection’’. 2 (3) Section 5122 of division FF of the Consoli- 3 dated Appropriations Act, 2023 (Public Law 117– 4 328) is repealed. 5 (d) EFFECTIVE DATE.—The amendments made by 6 this section shall apply with respect to medical assistance, 7 child health assistance, and pregnancy-related assistance 8 provided on or after January 1, 2024. 9 SEC. 3. REPORT BY COMPTROLLER GENERAL. 10 Not later than the date that is 3 years after the date 11 of enactment of this Act, and annually thereafter for each 12 of the following 5 years, the Comptroller General of the 13 United States shall submit to Congress a report con- 14 taining the following information: 15 (1) The percentage of incarcerated individuals 16 that receive medical assistance under a State plan 17 under title XIX of the Social Security Act (42 18 U.S.C. 1396 et seq.) or child health assistance or 19 pregnancy-related assistance under a State plan 20 under title XXI of the Social Security Act (42 21 U.S.C. 1397aa et seq.). 22 (2) The access of incarcerated individuals to 23 health care services, including specialty care, and 24 health care providers. 25 VerDate Sep 11 2014 21:25 Jun 26, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1820.IS S1820 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1820 IS (3) The quality of health care services provided 1 to incarcerated individuals. 2 (4) Any impact of coverage under such a State 3 plan on recidivism. 4 (5) The percentage of incarcerated individuals 5 who, upon release, are— 6 (A) enrolled under such a State plan; and 7 (B) connected to a primary care provider 8 in their community. 9 (6) Trends in the prevalence and incidence of 10 illness and injury among incarcerated individuals. 11 (7) Any other information the Comptroller Gen- 12 eral determines necessary regarding the health of in- 13 carcerated individuals. 14 SEC. 4. SENSE OF CONGRESS ON INCARCERATION AND 15 COMMUNITY-BASED HEALTH SERVICES. 16 It is the sense of Congress that— 17 (1) no individual in the United States should be 18 incarcerated for the purpose of being provided with 19 health care that is unavailable to the individual in 20 the individual’s community; 21 (2) each State and unit of local government 22 should establish programs that offer community- 23 based health services (including mental health and 24 VerDate Sep 11 2014 21:25 Jun 26, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1820.IS S1820 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1820 IS substance use disorder services) commensurate with 1 the principle stated in paragraph (1); and 2 (3) Federal reimbursement for expenditures on 3 medical assistance, child health assistance, or preg- 4 nancy-related assistance made available through the 5 amendments made by this Act should not supplant 6 an investment in community-based services. 7 Æ VerDate Sep 11 2014 21:25 Jun 26, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1820.IS S1820 kjohnson on DSK79L0C42PROD with BILLS