,,ii  #aahth ,,congress  #ast ,session  
,s4 #iga  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #bc1         
#bjbc,mr4 ,cassidy 7for himself1 ,mr4   
,merkley1 ,mr4 ,markey1 and ,mr4        
,tillis7 introduced the following bill2 
which was read twice and referred to the
 ,committee on ,finance  ,a ,,bill  ,to 
amend title ,,xix of the ,social        
,security ,act to remove the ,medicaid  
coverage exclusion for inmates in       
custody pending disposition of charges1 
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,due ,process ,continuity of ,care ,act4
  #b4 ,removal of inmate limitation on  
benefits under ,medicaid  7a7 ,in       
general ,the subdivision 7,a7 of section
 #aije7;a7 of the ,social ,security ,act
 7#db ,u4,s4,c4 #acif;d7a77 following   
the last numbered paragraph of such     
section is amended by inserting 1 or1 at
 the option of the ,state1 while in     
custody pending disposition of charges  
after patient in a medical institution4 

7b7 ,conforming ,amendments ,section    
#eabb of division ,,ff of the           
,consolidated ,appropriations ,act1     
#bjbc 7,public ,law #aag-cbh7 is        
amended-- 7#a7 in subsection 7a71 by    
striking 8,medicaid0 and all that       
follows through 8,section               
#aijb7;a77#hd77;,a70 and inserting      
8,medicaid4--,section                   
#aijb7;a77#hd77;,a702 and  7#b7 in      
subsection 7c71 by inserting 81 except  
that if such date is later than the     
effective date described in section     
#b7;c7 of the ,due ,process ,continuity 
of ,care ,act then the amendment made by
 subsection 7a7 shall take effect and   
apply to items and services furnished   
for periods beginning on or after the   
effective date described in such        
section0 before the period4  7c7        
,effective date ,the amendments made by 
subsections 7a7 and 7b7 shall take      
effect on the #ast day of the #ast      
calendar quarter that begins on or after
 the date that is #fj days after the    

date of the enactment of this ,act and  
shall apply to items and services       
furnished for periods beginning on or   
after such date4  #c4 ,planning grants  
7a7 ,in general ,the ,secretary shall   
award planning grants to ,states to     
support providing medical assistance    
under the ,state ,medicaid program to   
individuals who are eligible for such   
assistance as a result of the amendment 
made by section #b7;a74 ,the grants     
shall be used to prepare an application 
that meets the requirements of          
subsection 7b74  7b7 ,application       
requirements ,in order to be awarded a  
planning grant under this section1 a    
,state shall submit an application to   
the ,secretary at such time and in such 
form and manner as the ,secretary shall 
require1 that includes the following    
information along with such additional  
information1 provisions1 and assurances1
 as the ,secretary may require3 7#a7 ,a 
proposed process for carrying out each  
of the activities described in          

subsection 7c7 in the ,state4  7#b7 ,a  
review of ,state policies regarding the 
population of individuals who are       
eligible for medical assistance under   
the ,state ,medicaid program as a result
 of the amendment made by section #b7;a7
 with respect to whether such policies  
may create barriers to increasing the   
number of health care providers who can 
provide items and services for that     
population4  7#c7 ,the development of a 
plan1 taking into account activities    
described in subsection 7c77#b71 that   
will ensure a sustainable number of     
,medicaid-enrolled providers under the  
,state ,medicaid program that can offer 
a full array of treatment and services  
to the patient population described in  
paragraph 7#b7 as needed4 ,such plan    
shall include the following3 7,a7       
,specific activities to increase the    
number of providers that will offer     
physical health treatment1 as well as   
services related to behavioral health   
treatment1 including substance use      

disorder treatment1 recovery1 or support
 services 7including short-term         
detoxification services1 outpatient     
substance use disorder services1 and    
evidence-based peer recovery services74 
7,b7 ,milestones and timeliness for     
implementing activities set forth in the
 plan4  7,c7 ,specific measurable       
targets for increasing the number of    
providers under the ,state ,medicaid    
program who will treat the patient      
population described in paragraph 7#b74 
7#d7 ,an assurance that the ,state      
consulted with relevant stakeholders1   
including the ,state agency responsible 
for administering the ,state ,medicaid  
program1 ,medicaid managed care plans1  
health care providers1 law enforcement  
personnel1 officials from jails1 and    
,medicaid beneficiary advocates1 with   
respect to the preparation and          
completion of the application and a     
description of such consultation4  7c7  
,activities described ,for purposes of  
subsection 7b77#a71 the activities      

described in this subsection are the    
following3 7#a7 ,activities that support
 the development of an initial          
assessment of the health treatment needs
 of patients who are in custody pending 
disposition of charges to determine the 
extent to which providers are needed    
7including the types of such providers  
and geographic area of need7 to improve 
the number of providers that will treat 
patients in custody pending disposition 
of charges under the ,state ,medicaid   
program1 including the following3 7,a7  
,an estimate of the number of           
individuals enrolled under the ,state   
,medicaid program who are in custody    
pending disposition of charges4  7,b7   
,information on the capacity of         
providers to provide treatment or       
services to such individuals enrolled   
under the ,state ,medicaid program1     
including information on providers who  
provide such services and their         
participation under the ,state ,medicaid
 program4  7,c7 ,information on the     

health care services provided under     
programs other than the ,state ,medicaid
 program in jails to individuals who are
 in custody pending disposition of      
charges4  7#b7 ,activities that1 taking 
into account the results of the         
assessment described in paragraph 7#a7  
with respect to the provision of        
treatment or services under the ,state  
,medicaid program1 support the          
development of ,state infrastructure to 
recruit or contract with prospective    
health care providers1 provide training 
and technical assistance to such        
providers1 and secure a process for an  
electronic health record system for     
billing to reimburse for services       
provided by the correctional facility1  
outpatient providers1 medical vendors1  
and contracted telehealth service       
providers to patients who are in custody
 pending disposition of charges that are
 compliant with applicable requirements 
and regulations for ,state ,medicaid    
programs4  7#c7 ,activities that ensure 

the quality of care for patients who are
 in custody pending disposition of      
charges1 including formal reporting     
mechanisms for patient outcomes1 and    
activities that promote participation in
 learning collaboratives among providers
 treating this population4  7d7         
,geographic diversity ,the ,secretary   
shall select ,states for planning grants
 under this section in a manner that    
ensures geographic diversity4  7e7      
,funding ,there are authorized to be    
appropriated #ej1jjj1jjj to carry out   
this section4  7f7 ,definitions ,in this
 section3 7#a7 ,medicaid program ,the   
term ,medicaid program means1 with      
respect to a ,state1 the ,state program 
under title ,,xix of the ,social        
,security ,act 7#db ,u4,s4,c4 #acif et  
seq47 including any waiver or           
demonstration under such title or under 
section #aaae of such ,act 7#db         
,u4,s4,c4 #acae7 relating to such title4
  7#b7 ,secretary ,the term ,secretary  
means the ,secretary of ,health and     

,human ,services4  7#c7 ,state ,the term
 ,state has the meaning given that term 
for purposes of title ,,xix of the      
,social ,security ,act 7#db ,u4,s4,c4   
#acif et seq47 in section #aaja7;a77#a7 
of such ,act 7#db ,u4,s4,c4             
#acja7;a77#a774