,,ii #aaith ,,congress #ast ,session ,s4 #agbj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ab1 #bjbe ,mr4 ,cassidy 7for himself1 ,mr4 ,merkley1 ,mr4 ,tillis1 and ,mr4 ,markey7 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 ,removal of limitation 7#a7 ,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 striking for an individual and all that follows through charges and inserting for any individual while in custody pending disposition of charges4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 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 7b7 ,conforming amendment ,effective ,january #b1 #bjbf1 subparagraph 7,a7 of section #aijb7;a77#hd7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#hd77 is amended to read as follows3 7,a7 the ,state shall not terminate eligibility for medical assistance under the ,state plan 7or waiver of such plan7 for an individual because the individual is an inmate of a public institution 7as defined in subsection 7nn77#c77 7or1 if the ,state has elected the option described in the subdivision 7,a7 following the last numbered paragraph of section #aije7;a71 while the individual is in custody pending disposition of charges7 but1 subject to subparagraph 7,d71 may suspend coverage during the period the individual is such an inmate 7or if the ,state has made such an election1 during the period the individual is in custody pending disposition of charges72 4 #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