Due Process Continuity of Care Act

The Due Process Continuity of Care Act would change Medicaid rules to allow, at a state’s option, coverage for inmates who are in custody waiting for disposition of criminal charges. Specifically, it would add an eligible status for these individuals under Medicaid, removing a current exclusion that had denied coverage in such circumstances. The bill also creates a planning-grants program to help states implement this change, including requirements to assess health needs, build provider capacity (including physical and behavioral health and substance use treatment), set up billing and electronic health record (EHR) capabilities, and ensure care quality. A total of $50 million is authorized to fund these planning grants, and the effective date would be the first day of the first calendar quarter beginning 60 days after enactment, applying to services furnished after that date. In short, the bill seeks to improve continuity of care for justice-involved individuals by extending Medicaid coverage during pretrial detention (if states choose to do so) and by funding planning efforts to enable states to implement this expanded coverage effectively.