PolicyBrief
H.R. 1510
119th CongressFeb 21st 2025
Due Process Continuity of Care Act
IN COMMITTEE

The "Due Process Continuity of Care Act" enables states to provide Medicaid coverage for individuals awaiting charges in medical institutions and supports states in planning and expanding healthcare access for this population.

Sylvester Turner
D

Sylvester Turner

Representative

TX-18

LEGISLATION

Due Process Continuity of Care Act: Medicaid Coverage Could Extend to Inmates Awaiting Charges

The Due Process Continuity of Care Act is a proposed law with the primary goal of removing the limitation on Medicaid benefits for inmates, specifically allowing states to provide coverage to individuals in custody awaiting charges who are in a medical institution. This change takes effect 60 days after the Act's enactment, applying to services furnished from that date forward. The federal government is also putting money behind this, with $50,000,000 authorized for planning grants to help states get this set up.

Inside the Changes

This bill directly amends Section 5122 of the Consolidated Appropriations Act, 2023, to align with the new provisions. The core change is simple: people awaiting trial could get Medicaid coverage. To get the ball rolling, states can apply for planning grants. These grants are meant to help states figure out the healthcare needs of this population, remove any internal policy barriers, and build a network of providers. The legislation, in Section 3, specifically lists out what the grant money can be used for, like evaluating health needs, building up the necessary infrastructure and ensuring quality of care. They even have to show they've talked to everyone involved – from Medicaid agencies and healthcare providers to law enforcement and jail officials (Section 3).

Real-World Rollout

Imagine a construction worker, Joe, who gets arrested but hasn't been convicted of anything. Under current rules, he's likely uninsured while waiting for his day in court. If he has a medical emergency, he's facing huge bills. This bill, Section 2, changes that, potentially letting Medicaid cover Joe's care. Or consider Maria, a small business owner with a pre-existing condition. If she's in the same situation, this bill could mean she gets continuous care, instead of having her treatment interrupted.

States have to prove they're ready to handle this new group of Medicaid recipients. They need a plan to recruit providers, offer training, and even have a system for tracking patient outcomes (Section 3). The Secretary must ensure geographic diversity when selecting states for planning grants. The law is pushing for a sustainable system, not just a temporary fix.

Potential Benefits

This bill could be a significant step toward ensuring consistent healthcare access for a vulnerable population. By covering individuals awaiting trial, it addresses a gap in the current system that often leaves people without coverage during a critical time. This can lead to better health outcomes, potentially reducing long-term healthcare costs and even contributing to lower recidivism rates. The emphasis on planning and stakeholder consultation suggests a thoughtful approach to implementation, aiming for a smooth transition and a sustainable expansion of Medicaid services. The bill's requirement for states to develop plans to recruit and support healthcare providers, as outlined in Section 3, is crucial for ensuring that there are enough medical professionals to meet the needs of this newly covered population.