Due Process Continuity of Care Act
- Bill Number
- S. 1720
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-05-12: Read twice and referred to the Committee on Finance.
- Last Updated
- 2026-02-24T12:03:19Z
AI-Generated Summary
Purpose
The "Due Process Continuity of Care Act" (S. 1720) aims to ensure that individuals eligible for Medicaid (a joint federal-state health insurance program for low-income people) can maintain coverage while in jail awaiting trial, promoting uninterrupted medical care during pretrial detention. This addresses gaps in health services for this group, focusing on physical and behavioral health needs, including substance use disorder treatment.
Key Provisions
- Removal of Medicaid Exclusion: Amends Section 1905(a) of the Social Security Act to eliminate the bar on Medicaid coverage for individuals in custody pending charges (e.g., pretrial detainees). Coverage applies to medical items and services provided during this period.
- Effective date: Starts on the first day of the calendar quarter beginning 60 days after enactment.
- Conforming Changes to Eligibility Rules: Updates Section 1902(a)(84) to allow states to suspend (but not end) Medicaid eligibility for pretrial detainees, similar to rules for convicted inmates in public institutions. States can opt into this coverage.
- Effective date: January 2, 2026.
- Planning Grants for States: Authorizes $50 million in federal grants from the Secretary of Health and Human Services (HHS) to help states prepare for expanded coverage.
- Grants support applications detailing:
- Processes to assess health needs of pretrial detainees (e.g., estimating numbers, provider capacity, and non-Medicaid jail services).
- Plans to recruit and train providers for physical health, behavioral health, and substance use services (e.g., detoxification, outpatient care, peer recovery support).
- Infrastructure development, such as electronic health records for billing and telehealth.
- Quality assurance, including reporting on patient outcomes and provider collaboratives.
- Applications must include stakeholder consultations (e.g., Medicaid agencies, providers, jails, advocates) and measurable goals for provider expansion.
- Grants prioritize geographic diversity across states.
Significant Changes to Existing Law
- Under current law (Social Security Act), Medicaid excludes coverage for "inmates of public institutions" (Section 1905(a)), which includes both convicted prisoners and pretrial detainees, leaving many without federal health support while in jail.
- This bill narrows the exclusion to apply only to convicted inmates, explicitly allowing coverage for pretrial detainees. It also permits suspension (temporary pause) of benefits rather than full termination, enabling quicker reinstatement upon release. These changes build on prior Medicaid rules that already allow suspension for certain inmates but extend it to pretrial custody.
Potential Impacts
- On Citizens: Pretrial detainees (often low-income and with high rates of untreated health issues like mental health or addiction) could access consistent Medicaid-funded care in jails, reducing health risks and supporting recovery. This may lower re-arrest rates by addressing underlying issues, though it could increase short-term jail health costs.
- On Government Agencies: State Medicaid programs must adapt operations, potentially increasing administrative burdens but benefiting from federal grants for planning. HHS gains oversight of grant distribution. Jails may see improved coordination with community providers via telehealth and billing systems, easing transitions post-release.
- On International Relations: No direct impact, as this is a domestic health policy focused on U.S. federal-state programs.
Main Stakeholders Affected
- Pretrial Detainees and Medicaid Enrollees: Primary beneficiaries, gaining access to health services during detention.
- States and Medicaid Agencies: Responsible for implementing changes, applying for grants, and expanding provider networks; they face planning costs but potential long-term savings from better health outcomes.
- Health Care Providers: Jails, outpatient clinics, telehealth services, and specialists in behavioral health/substance use; grants aim to boost their participation and reimbursement.
- Correctional Facilities and Law Enforcement: Must integrate Medicaid billing and care coordination, with input required in grant applications.
- Advocates and Community Groups: Involved in consultations; they benefit from improved equity in health access for vulnerable populations.
Notable Legal, Constitutional, or Political Implications
- Legal/Constitutional: Reinforces due process rights (Fifth and Fourteenth Amendments) by ensuring pretrial detainees—presumed innocent—retain access to essential health care without arbitrary loss of benefits. It aligns with court rulings emphasizing continuity of care to avoid constitutional violations in detention settings but does not create new mandates on states beyond opt-in flexibility.
- Political: Bipartisan sponsorship (e.g., Senators Cassidy (R), Merkley (D), Tillis (R), Markey (D)) signals broad support for criminal justice and health reform. Could reduce federal Medicaid spending gaps in jails (estimated at billions annually) while addressing opioid and mental health crises, though implementation may spark debates over state costs and jail resource allocation. No major constitutional challenges anticipated, as it expands existing program flexibility.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (5)
Sen. Merkley, Jeff [D-OR], Sen. Tillis, Thomas [R-NC], Sen. Markey, Edward J. [D-MA], Sen. Warnock, Raphael G. [D-GA], Sen. Slotkin, Elissa [D-MI]
Recent Actions
- 2025-05-12: Read twice and referred to the Committee on Finance.
- 2025-05-12: Introduced in Senate
Bill Versions
- Due Process Continuity of Care Act — issued 2025-05-12 — PDF (8 pages)