Humane Correctional Health Care Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3860 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3860

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 2023

  Ms. Kuster (for herself, Mr. Fitzpatrick, Ms. Blunt Rochester, Mr. 
Cardenas, Mr. Trone, Ms. Bonamici, Mr. Smith of Washington, Ms. Sewell, 
Ms. Balint, and Mr. McGovern) 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 titles XIX and XXI of the Social Security Act to provide a 
consistent standard of health care to incarcerated individuals, 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 AND CHIP EXCLUSIONS RELATING TO INCARCERATED 
              INDIVIDUALS.

    (a) Medicaid.--Section 1905(a) of the Social Security Act (42 
U.S.C. 1396d(a)) is amended, in the matter following paragraph (31), 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 has not attained 65 years of age and 
who is a patient in an institution for mental diseases''.
    (b) CHIP.--Section 2110(b) of the Social Security Act (42 U.S.C. 
1397jj(b)) is amended--
            (1) in paragraph (2)(A), by striking ``except as provided'' 
        and all that follows through ``public institution or''; and
            (2) by striking paragraph (7).
    (c) Conforming Amendments.--
            (1) Section 1902 of the Social Security Act (42 U.S.C. 
        1396a) is amended--
                    (A) in subsection (a), by striking paragraph (84); 
                and
                    (B) by striking subsection (nn).
            (2) Section 1905(a) of the Social Security Act (42 U.S.C. 
        1396d(a)), as amended by subsection (a), is amended, in the 
        matter following paragraph (31), by striking ``set forth in the 
        subdivision (B) following paragraph (30) of the first sentence 
        of this subsection'' and inserting ``set forth in the portion 
        of the first sentence of this subsection that follows the last 
        numbered paragraph of this subsection''.
            (3) Section 5122 of division FF of the Consolidated 
        Appropriations Act, 2023 (Public Law 117-328) is repealed.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to medical assistance, child health assistance, and 
pregnancy-related assistance provided on or after January 1, 2024.

SEC. 3. REPORT BY COMPTROLLER GENERAL.

    Not later than the date that is 3 years after the date of enactment 
of this Act, and annually thereafter for each of the following 5 years, 
the Comptroller General of the United States shall submit to Congress a 
report containing the following information:
            (1) The percentage of incarcerated individuals that receive 
        medical assistance under a State plan under title XIX of the 
        Social Security Act (42 U.S.C. 1396 et seq.) or child health 
        assistance or pregnancy-related assistance under a State plan 
        under title XXI of the Social Security Act (42 U.S.C. 1397aa et 
        seq.).
            (2) The access of incarcerated individuals to health care 
        services, including specialty care, and health care providers.
            (3) The quality of healthcare services provided to 
        incarcerated individuals.
            (4) Any impact of coverage under such a State plan on 
        recidivism.
            (5) The percentage of incarcerated individuals 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 incarcerated individuals.
            (7) Any other information the Comptroller General 
        determines necessary regarding the health of incarcerated 
        individuals.

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, child health assistance, or pregnancy-related 
        assistance made available through the amendments made by this 
        Act should not supplant an investment in community-based 
        services.
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