[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2194 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2194

     To remove limitations under Medicaid, Medicare, CHIP, and the 
   Department of Veterans Affairs on benefits for persons in custody 
                    pending disposition of charges.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2023

  Mr. Markey (for himself, Mr. Merkley, Mr. Booker, Mr. Padilla, Mr. 
    Durbin, Mr. Brown, Ms. Warren, Ms. Klobuchar, and Ms. Baldwin) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
     To remove limitations under Medicaid, Medicare, CHIP, and the 
   Department of Veterans Affairs on 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 ``Equity in Pretrial Health Coverage 
Act''.

SEC. 2. REMOVAL OF INMATE LIMITATION ON BENEFITS UNDER MEDICAID, 
              MEDICARE, CHIP, AND THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Medicaid.--The subdivision (A) of section 1905(a) of the Social 
Security Act (42 U.S.C. 1396d(a)) that follows the last numbered 
paragraph of such section is amended by inserting ``, or in the case of 
care or services furnished to an individual who is in custody pending 
disposition of charges'' before ``);''.
    (b) Medicare.--Section 1862(a)(3) of the Social Security Act (42 
U.S.C. 1395y(a)(3)) is amended by inserting ``in the case of items or 
services furnished to individuals who are in custody pending 
disposition of charges,'' after ``1880(e),''.
    (c) CHIP.--Section 2110(b)(2)(A) of the Social Security Act (42 
U.S.C. 1397jj(b)(2)(A)) is amended by inserting ``(except as an 
individual in custody pending disposition of charges)'' after ``inmate 
of a public institution''.
    (d) Modification of Inmate Limitation on Health Care Benefits From 
Department of Veterans Affairs.--The Secretary of Veterans Affairs 
shall modify section 17.38(c)(5) of title 38, Code of Federal 
Regulations, or successor regulations, to ensure that the exclusion of 
veterans who are inmates from eligibility for health care from the 
Department of Veterans Affairs under such section does not apply to 
veterans who are in custody pending disposition of charges.
    (e) Conforming Amendments.--
            (1) Title XIX of the Social Security Act (42 U.S.C. 1396 et 
        seq.) is amended--
                    (A) in section 1902(a)(84)(A), by inserting 
                ``(except for any portion of such period during which 
                the juvenile is in custody pending disposition of 
                charges)'' after ``is such an inmate'';
                    (B) in section 1902(nn)(3), by striking ``paragraph 
                (31)'' and inserting ``the last numbered paragraph''; 
                and
                    (C) in the fifth sentence of section 1905(a), by 
                striking ``paragraph (30)'' and inserting ``the last 
                numbered paragraph''.
            (2) Section 5122(c) of division FF of the Consolidated 
        Appropriations Act, 2023 (Public Law 117-328) is amended to 
        read as follows:
    ``(c) Effective Date; Supersession.--
            ``(1) Effective date.--Except as provided in paragraph (2), 
        the amendments made by this section shall take effect on the 
        first day of the first calendar quarter that begins after the 
        date that is 24 months after the date of enactment of this Act 
        and shall apply to items and services furnished for periods 
        beginning on or after such date.
            ``(2) Supersession.--The amendments made by this section--
                    ``(A) shall not take effect if the amendments made 
                by subsections (a) and (c) of section 2 of the Equity 
                in Pretrial Health Coverage Act take effect before the 
                effective date described in paragraph (1); and
                    ``(B) shall cease to be effective on the date on 
                which the amendments made by subsections (a) and (c) of 
                section 2 of the Equity in Pretrial Health Coverage Act 
                take effect.''.
    (f) Effective Dates.--
            (1) In general.--The amendments made by subsections (a), 
        (b), (c), and (e)(1) shall take effect on the 1st day of the 
        1st calendar quarter that begins more than 60 days after the 
        date of enactment of this Act and shall apply to items and 
        services furnished for periods beginning on or after such date.
            (2) Department of veterans affairs.--Subsections (d) and 
        the amendment made by subsection (e)(2) shall take effect on 
        the date of enactment of this Act.
                                 <all>