Due Process Continuity of Care Act
Bipartisan Bill Proposes $50 Million to Keep Medicaid Coverage for People in Jail Awaiting Trial
Stalled
No legislative action in over 90 days.
Legislative Progress
Key Points
- This bill allows people who are in jail but have not been convicted of a crime to keep their Medicaid health insurance. Currently, federal law usually cuts off Medicaid benefits the moment someone enters a correctional facility, even if they are just waiting for their court date.
- The goal is to make sure people don't lose access to doctors or medications while they are in custody. This is especially important for people receiving treatment for mental health issues or drug addiction, as stopping these treatments suddenly can lead to serious health problems.
- The bill provides $50 million in grants to help states prepare for this change. States can use the money to find more healthcare providers, improve their computer systems for medical records, and make sure the care provided in jails is high quality.
- By keeping insurance active, the policy helps ensure that people stay healthier while they are in the legal system. It also helps local governments by allowing Medicaid to help pay for medical care that jails would otherwise have to pay for entirely on their own.
Impact Analysis
Personal Impact
Life & Work
This bill specifically helps people who are in custody but have not been convicted — they are legally presumed innocent. Under current law, these individuals lose their Medicaid coverage just like convicted inmates. By removing the coverage exclusion for pretrial detainees, the bill recognizes that people awaiting trial shouldn't lose their health insurance for something they haven't been found guilty of. This helps reduce the health harms of pretrial detention and supports better outcomes when people are released.
Programs
Disabilities
Milestones
Read twice and referred to the Committee on Finance.
Sent to a congressional committee for expert review. The committee decides whether this bill moves forward.
Introduced in Senate
The bill was officially filed and given a number. It now enters the legislative queue.
Votes
No votes have been recorded for this legislation yet.
Related News
4 articles
Supervisors Push To End Medicaid Suspension For Incarcerated
Milwaukee County supervisors are calling for federal changes to allow pre-trial detainees to keep Medicaid. The resolution supports the Due Process Continuity of Care Act, noting that losing coverage before a conviction severes connections to mental health and substance use treatment.
Problem Solvers Caucus Endorses Due Process Continuity of Care Act
The bipartisan Problem Solvers Caucus officially endorsed H.R. 3074, the Due Process Continuity of Care Act. The bill seeks to ensure that individuals held in jail awaiting trial do not lose their Medicaid benefits, upholding the principle of 'innocent until proven guilty' regarding health care.
Tonko Lambasts Failure of Addiction Policy Bills to Meet the Moment
During an Energy and Commerce Committee markup, Rep. Paul Tonko criticized the exclusion of the Due Process Continuity of Care Act from a larger addiction package. He argued that stripping Medicaid from pre-trial detainees exacerbates the overdose crisis by interrupting life-saving treatments.
Source Information
Document Type
Congressional Bill
Official Title
Due Process Continuity of Care Act
Data Sources
Sponsor
Cosponsors
(5)Analysis generated by AI. Always verify with official sources.