[Congressional Record Volume 163, Number 6 (Tuesday, January 10, 2017)]
[Senate]
[Pages S217-S218]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 95. Mr. MARKEY (for himself, Mr. Franken, and Mr. Brown) submitted 
an amendment intended to be proposed by him to the concurrent 
resolution S. Con. Res. 3, setting forth the congressional budget for 
the United States Government for fiscal year 2017 and setting forth the 
appropriate budgetary levels for fiscal years 2018 through 2026; which 
was ordered to lie on the table; as follows:

       At the end of title IV, add the following:

     SEC. 4__. POINT OF ORDER AGAINST LEGISLATION THAT WOULD 
                   PENALIZE STATES FOR IMPROVING CONTINUITY 
                   BETWEEN CRIMINAL JUSTICE AND PUBLIC HEALTH 
                   SYSTEMS.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report that would 
     penalize States for improving the continuity of care between 
     the criminal justice and public health systems, including by 
     ensuring that individuals who are enrolled in a State 
     Medicaid program under title XIX of the Social Security Act 
     (42 U.S.C. 1396 et seq.) have their enrollment in such 
     program suspended, but not terminated, in the event that they 
     are incarcerated, or by providing for the automatic

[[Page S218]]

     enrollment of eligible individuals in a State Medicaid 
     program upon their release from incarceration.
       (b) Waiver and Appeal.--Subsection (a) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required to sustain an appeal of 
     the ruling of the Chair on a point of order raised under 
     subsection (a).
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