[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2209 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2209

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 2009

Mr. Hastings of Florida (for himself, Mr. Holt, Mr. Burgess, Ms. Lee of 
 California, Mr. Wexler, Mr. Peterson, Mrs. Christensen, Mr. Grijalva, 
 Mr. Moran of Virginia, Ms. McCollum, Mr. Ellsworth, Ms. Granger, Mr. 
Meek of Florida, Mr. Fattah, and Ms. Wasserman Schultz) 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 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 2009''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States Supreme Court has interpreted the 8th 
        Amendment to require governmental entities to provide medical 
        care to persons involuntarily confined in jails, detention 
        centers, and prisons.
            (2) The Federal Government does not provide benefits under 
        the Medicare, Medicaid, Supplemental Security Income (SSI), or 
        State Children's Health Insurance (SCHIP) Program health 
        benefits to inmates even if the person is awaiting trial in 
        jail and has not been convicted. However, beneficiaries who are 
        released after posting bond, or who are released under their 
        own recognizance, or who are released under house arrest may 
        continue to receive Medicare, Medicaid, SSI, and SCHIP 
        benefits.
            (3) The cost of providing health care in prisons and jails 
        has increased exponentially due in part to high incarceration 
        rates, infectious diseases, chronic conditions, substance abuse 
        treatment, mental illness, aging prison populations, rising 
        prescription drug costs, and mandatory sentencing laws.
            (4) Providing health care for inmates constitutes a major 
        portion of local jail operating costs. Requiring county 
        governments to cover health care costs for inmates who have not 
        been convicted places an unnecessary burden on local 
        governments who have been negatively impacted by recession, 
        widespread budget deficits, and cuts to safety net programs and 
        services.
            (5) Jails generally have a higher instance of mentally ill 
        inmates because jails frequently serve as holding places for 
        low-income persons who are waiting placement in a mental 
        facility and for mentally ill persons who commit nuisance 
        crimes because of inadequate access to treatment in their 
        communities.
            (6) The rising cost of bail has also contributed to an 
        overall increase in the jail population and health care costs 
        for inmates. The high cost of bail has contributed to the 
        disproportionate rate of incarceration among African-Americans 
        and Latinos.
            (7) Terminating benefits to people in county jails who are 
        awaiting trial 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.
            (8) 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, SSI, or SCHIP, until such time as they may 
        be convicted and sentenced to an institution. SSI payments 
        should be held until the inmate has been acquitted and 
        released, or until the inmate has completed his or her sentence 
        and been released.

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)(i) 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.
    ``(ii) In the case of an individual who is an eligible individual 
or eligible spouse for purposes of this title only because of the 
application of the definition in clause (i), any supplemental security 
income benefits otherwise payable shall be withheld until such time as 
the individual is no longer either in custody pending disposition of 
charges or an inmate of a public institution or shall be paid to the 
individual's estate if the individual dies before the pending charges 
are disposed of or while the individual is an inmate of a public 
institution.''.
    (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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