H.R. 1510: Due Process Continuity of Care Act

This bill, known as the Due Process Continuity of Care Act, proposes changes to Medicaid coverage under the Social Security Act. Its primary aim is to allow individuals who are incarcerated while awaiting a court decision on their charges to continue receiving Medicaid benefits. Here are the key components:

1. Changes to Medicaid Coverage

The bill amends the Social Security Act to explicitly allow states the option to provide Medicaid coverage to individuals in custody pending the resolution of their legal charges. Previously, Medicaid coverage was excluded for individuals who were incarcerated. This amendment adds flexibility to states in deciding whether to offer such coverage.

2. Conforming Amendments

The legislation requires adjustments to existing laws to align with the new provisions concerning Medicaid coverage for inmates. This includes technical changes to ensure consistency within the law and its application.

3. Implementation Timeline

The new Medicaid coverage provisions will begin on the first day of the first calendar quarter following 60 days after the enactment of the bill, meaning there will be an effective date set for when these changes can take place.

4. Planning Grants for States

The bill allocates funds for planning grants to assist states in implementing the new Medicaid coverage provisions. The Secretary of Health and Human Services will award these grants with the intent to:

• Support the preparation of applications for medical assistance for those newly eligible due to the bill.
• Assess state policies to identify and eliminate barriers to increasing healthcare provider availability for this population.
• Develop strategies to ensure a sustainable number of Medicaid providers who can effectively treat individuals in custody.

5. Application Process for States

States wishing to receive planning grants must submit comprehensive applications detailing their proposed processes for increasing provider capacity and ensuring adequate healthcare for incarcerated individuals. This includes:

• Proposed methods to assess the health treatment needs of individuals in custody.
• Plans to recruit and train healthcare providers who can serve this population.
• Strategies for implementing measures to maintain quality care for those individuals.
• Evidence of consultation with key stakeholders in the healthcare and criminal justice systems.

6. Geographic Diversity in Grant Selection

When selecting states for these planning grants, the Secretary must ensure a diverse geographic distribution, which aims to address different regional needs across the country.

7. Funding

The bill authorizes $50 million in appropriations to fund the planning grants and related activities for states.

8. Definitions

The bill includes definitions of key terms, including "Medicaid program," the "Secretary" of Health and Human Services, and "State," providing clarity on how these terms apply in the context of the legislation.

Relevant Companies

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