[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5698 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5698

To amend titles XVI, XVIII, XIX, and XXI of the Social Security Act to 
    remove inmate limitations on Medicaid, Medicare, SSI, and SCHIP 
    benefits for persons in custody pending disposition of charges.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 3, 2008

   Mr. Hastings of Florida (for himself, Mr. Holt, and Mr. Burgess) 
 introduced the following bill; which was referred to the Committee on 
   Energy and Commerce, and in addition to the Committee on Ways and 
 Means, for a period to be subsequently 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 XVI, XVIII, XIX, and XXI of the Social Security Act to 
    remove inmate limitations on Medicaid, Medicare, SSI, and SCHIP 
    benefits for persons in custody pending disposition of charges.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoring the Partnership for County 
Health Care Costs Act of 2008''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The presumption of innocence is integral to the Anglo-
        Saxon legal tradition and the American criminal justice system.
            (2) Terminating benefits to inmates of county jails to 
        prevent criminals from receiving Federal benefits violates the 
        presumption of innocence, because it does not distinguish 
        between persons awaiting disposition of charges and those who 
        have been duly convicted and sentenced.
            (3) The United States Supreme Court ruled in Estelle v. 
        Gamble, 429 U.S. 97 (1976) that jail inmates are guaranteed 
        health care under the Constitution.
            (4) Fulfilling the constitutional obligations under Estelle 
        to provide health care for inmates constitutes a major portion 
        of local jail operating costs.
            (5) Many people charged with crimes and awaiting trial are 
        released upon posting of bond, released on their own 
        recognizance, released under house arrest or other alternative 
        means of detention. These individuals continue to be eligible 
        for benefits under Medicare, Medicaid, or Supplemental Security 
        Income while awaiting trial. Some individuals who are charged 
        with crimes and incarcerated in county jails are ultimately 
        acquitted of the crime or the charges may be dropped and the 
        individual released.
            (6) Otherwise eligible individuals who have been charged 
        with a crime and incarcerated, but not convicted, should 
        continue to be eligible for Federal health benefits, such as 
        Medicare, Medicaid, or Supplemental Security Income, until such 
        time as they may be convicted and sentenced to an institution.

SEC. 3. REMOVAL OF INMATE LIMITATION ON BENEFITS UNDER MEDICAID, 
              MEDICARE, SSI, AND SCHIP.

    (a) Medicaid.--The subdivision (A) of section 1905(a) of the Social 
Security Act (42 U.S.C. 1396d(a)) that follows paragraph (28) is 
amended by inserting ``or in custody pending disposition of charges'' 
after ``patient in a medical institution''.
    (b) Medicare.--Section 1862(a)(3) of such Act (42 U.S.C. 
1395y(a)(3)) is amended by inserting ``in the case of services 
furnished to individuals who are in custody pending disposition of 
charges,'' after ``1880(e)''.
    (c) SSI.--Section 1611(e)(1) of such Act (42 U.S.C. 1382(e)(1)) is 
amended by adding at the end the following new subparagraph:
    ``(K) As used in subparagraph (A), the term `inmate of a public 
institution' does not include an individual who is in custody pending 
disposition of charges.''.
    (d) SCHIP.--Section 2110(b)(1) of such Act (42 U.S.C. 1397jj(b)(1)) 
is amended by inserting ``(except as an individual in custody pending 
disposition of charges)'' after ``inmate of a public institution''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first calendar quarter beginning more 
than 60 days after the date of the enactment of this Act and shall 
apply to items and services furnished, and supplemental security income 
benefits paid, for periods beginning on or after such date.
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