Due Process Continuity of Care Act
- Bill Number
- H.R. 1510
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-09-08: ASSUMING FIRST SPONSORSHIP - Ms. Dexter asked unanimous consent that she may hereafter be considered as the first sponsor of H.R. 1510, a bill originally introduced by Representative Turner (TX), for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.
- Last Updated
- 2026-07-07T08:05:32Z
AI-Generated Summary
Purpose
The Due Process Continuity of Care Act aims to ensure that individuals awaiting trial (pre-trial detainees) in custody can access Medicaid health coverage without interruption. It removes barriers to Medicaid benefits for this group, promoting continuity of care, particularly for physical and behavioral health needs, including substance use disorder treatment.
Key Provisions
- Medicaid Coverage Expansion: States may, at their option, provide Medicaid benefits to eligible individuals who are in custody pending the resolution of criminal charges (e.g., pre-trial detention). This includes coverage for medical services as if the person were a patient in a medical institution.
- Conforming Amendments: Updates a prior law (from the 2023 Consolidated Appropriations Act) to align with the new coverage option, ensuring consistency in how Medicaid applies to incarcerated individuals.
- Effective Date: Changes take effect on the first day of the first calendar quarter starting at least 60 days after the bill's enactment, applying to services provided from that date onward.
- Planning Grants for States: The Secretary of Health and Human Services (HHS) will award grants totaling up to $50 million to states to prepare for the expanded coverage. These grants support:
- Assessing health needs of pre-trial detainees and provider capacity.
- Developing plans to recruit and train more Medicaid-enrolled providers, especially for behavioral health, substance use disorder treatment, recovery services, and telehealth.
- Creating infrastructure for electronic health records, billing, and quality assurance (e.g., reporting patient outcomes and provider collaboratives).
- Requiring state applications to include consultations with stakeholders like Medicaid agencies, jails, providers, law enforcement, and patient advocates.
- Geographic Diversity: Grants prioritize a mix of states from different regions to ensure broad implementation support.
Significant Changes to Existing Law
- Under current law (Social Security Act Section 1905(a)), Medicaid generally excludes coverage for incarcerated individuals, with limited exceptions for those in medical institutions. This bill amends that section to explicitly allow states to cover pre-trial detainees, building on a 2023 law that suspended similar exclusions during the COVID-19 public health emergency.
- It shifts from a blanket exclusion to an optional inclusion, giving states flexibility while mandating planning for sustainable provider networks to avoid care gaps.
Potential Impacts
- On Government Agencies: HHS will administer grants and oversee state plans, potentially increasing administrative workload. States may face higher Medicaid costs for detainee care but gain federal support for planning; jails could see improved health services integration, reducing reliance on non-Medicaid programs.
- On Citizens: Pre-trial detainees (estimated in the hundreds of thousands annually) could access timely treatment for chronic conditions, mental health, and substance use, potentially improving health outcomes and reducing recidivism. Broader society may benefit from lower long-term public health costs.
- On International Relations: No direct impact, as this is a domestic health policy focused on U.S. Medicaid.
Main Stakeholders Affected
- Pre-Trial Detainees: Primary beneficiaries, gaining potential access to Medicaid-covered care during custody.
- States and Medicaid Agencies: Responsible for opting into coverage, applying for grants, and expanding provider networks; bipartisan sponsors suggest cross-party interest.
- Health Care Providers: Jails, outpatient clinics, telehealth services, and specialists in behavioral health/substance use disorder will need to enroll in Medicaid and adapt billing systems.
- Jails and Law Enforcement: Must coordinate with Medicaid for detainee care, potentially easing facility burdens.
- Advocates and Managed Care Plans: Involved in consultations; patient advocates ensure equity, while plans may handle more enrollees.
- Federal Government (HHS): Oversees grants and implementation, with $50 million authorized funding.
Notable Legal, Constitutional, or Political Implications
- Legal/Constitutional: Enhances due process protections by addressing health care disparities for pre-trial detainees, who are presumed innocent and protected under the 14th Amendment (equal protection and due process). It avoids mandating coverage, respecting federalism by making it a state option, which could limit legal challenges.
- Political: Bipartisan support (introduced by representatives from both parties) indicates broad appeal for criminal justice and health equity reforms. It may influence ongoing debates on incarceration costs and reentry programs, potentially setting a precedent for further Medicaid expansions in correctional settings without requiring full federal mandates.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Turner, Sylvester [D-TX-18]
Cosponsors (35)
Rep. Turner, Michael R. [R-OH-10], Rep. Rutherford, John H. [R-FL-5], Rep. Tonko, Paul [D-NY-20], Rep. Bacon, Don [R-NE-2], Rep. Van Drew, Jefferson [R-NJ-2], Rep. Finstad, Brad [R-MN-1], Rep. Obernolte, Jay [R-CA-23], Rep. Doggett, Lloyd [D-TX-37], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Scanlon, Mary Gay [D-PA-5], Rep. Smith, Adam [D-WA-9], Rep. Costa, Jim [D-CA-21], Rep. Goldman, Daniel S. [D-NY-10], Rep. Horsford, Steven [D-NV-4], Rep. Crockett, Jasmine [D-TX-30], Rep. Tlaib, Rashida [D-MI-12], Rep. Brownley, Julia [D-CA-26], Rep. McCollum, Betty [D-MN-4], Rep. Bonamici, Suzanne [D-OR-1], Rep. Stansbury, Melanie A. [D-NM-1], Rep. Lawler, Michael [R-NY-17], Rep. Fitzpatrick, Brian K. [R-PA-1], Rep. Jacobs, Sara [D-CA-51], Rep. Davids, Sharice [D-KS-3], Rep. Craig, Angie [D-MN-2], Rep. Randall, Emily [D-WA-6], Rep. Balint, Becca [D-VT-At Large], Rep. Sykes, Emilia Strong [D-OH-13], Rep. Walkinshaw, James R. [D-VA-11], Rep. Beatty, Joyce [D-OH-3], Rep. Figures, Shomari [D-AL-2], Rep. Walberg, Tim [R-MI-5], Rep. Cohen, Steve [D-TN-9], Rep. Torres, Ritchie [D-NY-15], Rep. Lynch, Stephen F. [D-MA-8]
Recent Actions
- 2025-09-08: ASSUMING FIRST SPONSORSHIP - Ms. Dexter asked unanimous consent that she may hereafter be considered as the first sponsor of H.R. 1510, a bill originally introduced by Representative Turner (TX), for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.
- 2025-02-21: Referred to the House Committee on Energy and Commerce.
- 2025-02-21: Introduced in House
- 2025-02-21: Introduced in House
Bill Versions
- Due Process Continuity of Care Act — issued 2025-02-21 — PDF (8 pages)