[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5231 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5231

     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

                             August 4, 2026

 Mr. Markey (for himself, Mr. Merkley, Ms. Klobuchar, Ms. Baldwin, Mr. 
  Booker, Ms. Warren, and Mr. Padilla) 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.--
            (1) In general.--Section 1902(a)(84)(A) of the Social 
        Security Act (42 U.S.C. 1396a(a)(84)(A)) is amended by striking 
        ``(or in the case of such an individual who is an eligible 
        juvenile (as defined in subsection (nn)(2)) and a State 
        electing the option described in the subdivision (A) following 
        the last numbered paragraph of section 1905(a), during such 
        period beginning after the disposition of charges with respect 
        to such individual)'' and inserting ``(except for any portion 
        of such period during which the individual is in custody 
        pending disposition of charges)''.
            (2) Medical assistance.--Section 1905(a) of the Social 
        Security Act (42 U.S.C. 1396d(a)) is amended in the subdivision 
        (A) that follows the last numbered paragraph of such section by 
        striking ``, or, at the option of the State, for an individual 
        who is an eligible juvenile (as defined in section 
        1902(nn)(2)), while such individual is an inmate of a public 
        institution (as defined in section 1902(nn)(3)) pending 
        disposition of charges'' and inserting ``, or in the case of 
        care or services furnished to an individual who is in custody 
        pending disposition of charges''.
    (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.--
            (1) Exceptions to exclusion of children who are inmates of 
        a public institution.--Section 2110(b)(7) of the Social 
        Security Act (42 U.S.C. 1397jj(b)(7)) is amended to read as 
        follows:
            ``(7) Exceptions to exclusion of children who are inmates 
        of a public institution.--In the case of a child who is an 
        inmate of a public institution, the child shall not be 
        considered to be described in paragraph (2)(A)--
                    ``(A) during the period that the child is an inmate 
                of such institution pending disposition of charges; and
                    ``(B) during the 30 days prior to the release of 
                the child from such institution with respect to the 
                screenings, diagnostic services, referrals, and case 
                management services otherwise covered under the State 
                child health plan (or waiver of such plan) that the 
                State is required to provide under section 
                2102(d)(2).''.
            (2) Conforming amendments.--Section 2102(d)(1) of such Act 
        (42 U.S.C. 1397bb(d)(1)) is amended--
                    (A) in subparagraph (A), by inserting ``(except for 
                any portion of such period during which the child or 
                pregnant woman is in custody pending disposition of 
                charges)'' after ``is such an inmate''; and
                    (B) in subparagraph (C), by striking ``exception'' 
                and inserting ``exceptions''.
    (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) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made in this Act shall take effect on the first day 
        of the first 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.--Subsection (d) shall 
        take effect on the date of enactment of this Act.
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