[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1821 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1821

 To amend title XIX 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

                              May 25, 2021

  Mr. Booker introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To amend title XIX of the Social Security Act to provide a consistent 
  standard of health care to incarcerated individuals, and for other 
                               purposes.

    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 ``Humane Correctional Health Care 
Act''.

SEC. 2. REPEAL OF MEDICAID EXCLUSION RELATING TO INCARCERATED 
              INDIVIDUALS.

    (a) In General.--Section 1905(a) of the Social Security Act (42 
U.S.C. 1396d(a)) is amended, in the matter following paragraph (31), by 
striking ``such term does not include--'' and all that follows through 
``patient in an institution for mental diseases'' and inserting ``such 
term does not include any such payments with respect to care or 
services for any individual who has not attained 65 years of age and 
who is a patient in an institution for mental diseases''.
    (b) Conforming Amendments.--Section 1902(a) of the Social Security 
Act (42 U.S.C. 1396a(a)) is amended--
            (1) by striking paragraph (84); and
            (2) by striking subsection (nn).
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to medical assistance provided on or after January 
1, 2022.

SEC. 3. REPORT BY COMPTROLLER GENERAL.

    Not later than the date that is 3 years after the date of enactment 
of this Act, and annually thereafter for each of the following 5 years, 
the Comptroller General of the United States shall submit to Congress a 
report containing the following information:
            (1) The percentage of incarcerated individuals that receive 
        medical assistance under a State plan under title XIX of the 
        Social Security Act (42 U.S.C. 1396 et seq.).
            (2) The access of incarcerated individuals to health care 
        services, including specialty care, and health care providers.
            (3) The quality of health care services provided to 
        incarcerated individuals.
            (4) Any impact of coverage under such a State plan on 
        recidivism.
            (5) The percentage of incarcerated individuals who, upon 
        release, are--
                    (A) enrolled under such a State plan; and
                    (B) connected to a primary care provider in their 
                community.
            (6) Trends in the prevalence and incidence of illness and 
        injury among incarcerated individuals.
            (7) Any other information the Comptroller General 
        determines necessary regarding the health of incarcerated 
        individuals.

SEC. 4. SENSE OF CONGRESS ON INCARCERATION AND COMMUNITY-BASED HEALTH 
              SERVICES.

    It is the sense of Congress that--
            (1) no individual in the United States should be 
        incarcerated for the purpose of being provided with health care 
        that is unavailable to the individual in the individual's 
        community;
            (2) each State and unit of local government should 
        establish programs that offer community-based health services 
        (including mental health and substance use disorder services) 
        commensurate with the principle stated in paragraph (1); and
            (3) Federal reimbursement for expenditures on medical 
        assistance made available through the amendments made by this 
        Act should not supplant an investment in community-based 
        services.
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