Humane Correctional Health Care Act

I 118TH CONGRESS 1ST SESSION H. R. 3860 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 HOUSE OF REPRESENTATIVES JUNE 6, 2023 Ms. KUSTER (for herself, Mr. FITZPATRICK, Ms. BLUNT ROCHESTER, Mr. CA´RDENAS, Mr. TRONE, Ms. BONAMICI, Mr. SMITH of Washington, Ms. SEWELL, Ms. BALINT, and Mr. MCGOVERN) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subse- quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 VerDate Sep 11 2014 07:06 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3860.IH H3860 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3860 IH SEC. 2. REPEAL OF MEDICAID AND CHIP EXCLUSIONS RE- 1 LATING TO INCARCERATED INDIVIDUALS. 2 (a) MEDICAID.—Section 1905(a) of the Social Secu- 3 rity 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) CHIP.—Section 2110(b) of the Social Security 12 Act (42 U.S.C. 1397jj(b)) is amended— 13 (1) in paragraph (2)(A), by striking ‘‘except as 14 provided’’ and all that follows through ‘‘public insti- 15 tution or’’; and 16 (2) by striking paragraph (7). 17 (c) CONFORMING AMENDMENTS.— 18 (1) Section 1902 of the Social Security Act (42 19 U.S.C. 1396a) is amended— 20 (A) in subsection (a), by striking para- 21 graph (84); and 22 (B) by striking subsection (nn). 23 (2) Section 1905(a) of the Social Security Act 24 (42 U.S.C. 1396d(a)), as amended by subsection (a), 25 is amended, in the matter following paragraph (31), 26 VerDate Sep 11 2014 07:06 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3860.IH H3860 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3860 IH by striking ‘‘set forth in the subdivision (B) fol- 1 lowing paragraph (30) of the first sentence of this 2 subsection’’ and inserting ‘‘set forth in the portion 3 of the first sentence of this subsection that follows 4 the last numbered paragraph of this subsection’’. 5 (3) Section 5122 of division FF of the Consoli- 6 dated Appropriations Act, 2023 (Public Law 117– 7 328) is repealed. 8 (d) EFFECTIVE DATE.—The amendments made by 9 this section shall apply with respect to medical assistance, 10 child health assistance, and pregnancy-related assistance 11 provided on or after January 1, 2024. 12 SEC. 3. REPORT BY COMPTROLLER GENERAL. 13 Not later than the date that is 3 years after the date 14 of enactment of this Act, and annually thereafter for each 15 of the following 5 years, the Comptroller General of the 16 United States shall submit to Congress a report con- 17 taining the following information: 18 (1) The percentage of incarcerated individuals 19 that receive medical assistance under a State plan 20 under title XIX of the Social Security Act (42 21 U.S.C. 1396 et seq.) or child health assistance or 22 pregnancy-related assistance under a State plan 23 under title XXI of the Social Security Act (42 24 U.S.C. 1397aa et seq.). 25 VerDate Sep 11 2014 07:06 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3860.IH H3860 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3860 IH (2) The access of incarcerated individuals to 1 health care services, including specialty care, and 2 health care providers. 3 (3) The quality of healthcare services provided 4 to incarcerated individuals. 5 (4) Any impact of coverage under such a State 6 plan on recidivism. 7 (5) The percentage of incarcerated individuals 8 who, upon release, are— 9 (A) enrolled under such a State plan; and 10 (B) connected to a primary care provider 11 in their community. 12 (6) Trends in the prevalence and incidence of 13 illness and injury among incarcerated individuals. 14 (7) Any other information the Comptroller Gen- 15 eral determines necessary regarding the health of in- 16 carcerated individuals. 17 SEC. 4. SENSE OF CONGRESS ON INCARCERATION AND 18 COMMUNITY-BASED HEALTH SERVICES. 19 It is the sense of Congress that— 20 (1) no individual in the United States should be 21 incarcerated for the purpose of being provided with 22 health care that is unavailable to the individual in 23 the individual’s community; 24 VerDate Sep 11 2014 07:06 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3860.IH H3860 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3860 IH (2) each State and unit of local government 1 should establish programs that offer community- 2 based health services (including mental health and 3 substance use disorder services) commensurate with 4 the principle stated in paragraph (1); and 5 (3) Federal reimbursement for expenditures on 6 medical assistance, child health assistance, or preg- 7 nancy-related assistance made available through the 8 amendments made by this Act should not supplant 9 an investment in community-based services. 10 Æ VerDate Sep 11 2014 07:06 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3860.IH H3860 kjohnson on DSK79L0C42PROD with BILLS