Humane Correctional Health Care Act

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4141 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4141

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2019

Ms. Kuster of New Hampshire (for herself and Ms. Norton) introduced the 
   following bill; which was referred to the Committee on Energy and 
  Commerce, and in addition to the Committee on the Judiciary, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title XIX of the Social Security Act to provide a consistent 
  standard of health care to the incarcerated, 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 INMATE EXCLUSION.

    (a) In General.--Section 1905(a) of the Social Security Act (42 
U.S.C. 1396d(a)) is amended, in the matter following paragraph (30), 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 is under 65 years of age and is a 
patient in an institution for mental diseases''.
    (b) Conforming Amendments.--Section 1902 of the Social Security Act 
(42 U.S.C. 1396a) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (84);
                    (B) by redesignating paragraphs (85) and (86) as 
                paragraphs (84) and (85), respectively;
                    (C) in paragraph (84), as redesignated by 
                subparagraph (B), by striking ``(oo)(1)'' and inserting 
                ``(nn)(1)''; and
                    (D) in paragraph (85), as redesignated by 
                subparagraph (B), by striking ``(pp)'' and inserting 
                ``(oo)'';
            (2) by striking subsection (nn);
            (3) by redesignating subsections (oo) and (pp) as 
        subsections (nn) and (oo), respectively;
            (4) in subsection (nn), as redesignated by paragraph (3), 
        by striking ``(85)'' and inserting ``(84)''; and
            (5) in subsection (oo), as redesignated by paragraph (3), 
        by striking ``(86)'' and inserting ``(85)''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to medical assistance provided on or after January 
1, 2020.

SEC. 3. REPORT BY COMPTROLLER GENERAL.

    Not later than the date that is three years after the date of the 
enactment of this Act, and annually thereafter for each of the 
following five years, the Comptroller General of the United States 
shall submit to Congress a report containing the following information:
            (1) The percentage of inmates 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 inmates to health care services, 
        including specialty care, and health care providers.
            (3) The quality of health care services provided to 
        inmates.
            (4) Any impact of coverage under such a State plan on 
        recidivism.
            (5) The percentage of inmates 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 inmates.
            (7) Any other information the Comptroller General 
        determines necessary regarding the health of inmates.

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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