[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 285 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 285

 To amend title XIX of the Social Security Act to allow States to make 
   medical assistance available to inmates during the 30-day period 
                        preceding their release.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 8, 2021

  Ms. Baldwin (for herself, Mr. Braun, Mr. Whitehouse, and Mr. Brown) 
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 allow States to make 
   medical assistance available to inmates during the 30-day period 
                        preceding their release.

    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 ``Medicaid Reentry Act of 2021''.

SEC. 2. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR INMATES 
              DURING 30-DAY PERIOD PRECEDING RELEASE.

    (a) In General.--The subdivision (A) following paragraph (30) of 
section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is 
amended by inserting ``and except during the 30-day period preceding 
the date of release of such individual from such public institution'' 
after ``medical institution''.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Medicaid and CHIP Payment and Access Commission shall 
submit a report to Congress on the Medicaid inmate exclusion under the 
subdivision (A) following paragraph (30) of section 1905(a) of the 
Social Security Act (42 U.S.C. 1396d(a)). Such report shall, to the 
extent practicable, include the following information:
            (1) Provision of care in correctional settings.--An 
        analysis and description of standards for health and safety for 
        individuals who are inmates of correctional facilities, the 
        health care provided to such individuals, and the physical 
        environment in which health care is provided to such 
        individuals, which may include the following:
                    (A) An assessment of access to health care for 
                incarcerated individuals, including a description of 
                medical and behavioral health services generally 
                available to incarcerated individuals.
                    (B) An assessment of Medicare and Medicaid 
                conditions of participation for hospitals, psychiatric 
                facilities, psychiatric residential treatment 
                facilities, nursing facilities, and other relevant 
                provider types, if any, and their potential application 
                to health care services furnished to individuals who 
                are inmates of correctional facilities.
                    (C) An assessment of State licensing and 
                certification standards, processes, and enforcement 
                mechanisms for correctional facilities, and the 
                potential application of such standards, processes, and 
                enforcement mechanisms to the provision of health care 
                to individuals who are inmates of correctional 
                facilities.
                    (D) An assessment of accrediting bodies for 
                correctional facilities, the respective accrediting 
                standards of such bodies, and the accrediting practices 
                relevant to health care services provided by 
                correctional facilities to individuals who are inmates 
                of such facilities, in comparison to major community 
                health care facility accrediting bodies.
            (2) Impact of the medicaid reentry act; recommendations for 
        additional action.--
                    (A) The number of incarcerated individuals who 
                would otherwise be eligible to enroll for medical 
                assistance under a State plan approved under title XIX 
                of the Social Security Act (42 U.S.C. 1396 et seq.) (or 
                a waiver of such a plan).
                    (B) An analysis of the preliminary impact of the 
                amendment made by subsection (a) on health care 
                coverage and the transition back into the community for 
                individuals who are newly released from correctional 
                facilities.
                    (C) A description of current practices related to 
                the discharge of incarcerated individuals, including 
                how correctional facilities interact with State 
                Medicaid agencies to ensure that such individuals who 
                are eligible to enroll for medical assistance under a 
                State plan or waiver described in subparagraph (A) are 
                so enrolled.
                    (D) If determined appropriate by the Commission, 
                recommendations for Congress, the Department of Health 
                and Human Services, or States on further legislative or 
                administrative actions to--
                            (i) ensure access to comprehensive health 
                        coverage for incarcerated and newly released 
                        individuals, including an assessment of the 
                        impact of the Medicaid inmate exclusion; and
                            (ii) better facilitate an effective 
                        transition to community services and addiction 
                        treatment for newly released individuals.
                    (E) Any other information that the Commission 
                determines would be useful to Congress.
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