Bipartisan legislation introduced in House and Senate to address Medicaid Inmate Exclusion Policy

-
BlogTwo bipartisan bills have recently been reintroduced in both the U.S. Senate and U.S. House of Representatives to address the Medicaid Inmate Exclusion Policy.Bipartisan legislation introduced in House and Senate to address Medicaid Inmate Exclusion Policy
- Bipartisan legislation has been reintroduced in both chambers of Congress that would amend the Medicaid Inmate Exclusion Policy
- Access to federal health benefits for individuals pre-trial or during reentry would improve public safety and break the cycle of recidivism caused by untreated mental illness and/or substance use disorders
- NACo and three Sheriffs’ organizations sent a joint letter to Congress on April 26 urging them to pass the MIEP reform bills
-
Blog
Bipartisan legislation introduced in House and Senate to address Medicaid Inmate Exclusion Policy
Two bipartisan bills have recently been reintroduced in both the U.S. Senate and U.S. House of Representatives to address the Medicaid Inmate Exclusion Policy (MIEP). In March, the Due Process Continuity of Care Act (H.R.3074/S.971) was introduced by Sens. Bill Cassidy (R-La.), Jeff Merkley (D-Ore.), Thom Tillis (R-N.C.) and Ed Markey (D-Mass.) followed by the introduction in the House earlier this month by Reps. David Trone (D-Md.), Paul Tonko (D-N.Y.), Mike Turner (R-Ohio), John Rutherford (R-Fla.) and 12 other bipartisan lawmakers. The Reentry Act (H.R.2400/S.1165) was also reintroduced this past March by Sens. Tammy Baldwin (D-Wis.), Mike Braun (R-Ind.), Sherrod Brown (D-Ohio) and J.D. Vance (R-Ohio) as well as in the House by Reps. David Trone (D-Md.), Paul D. Tonko (D-N.Y.), Mike Turner (R-Ohio), John Rutherford (R-Fla.) and nine other bipartisan members.
These bills amend the MIEP, a federal statute that revokes access to federal health benefits upon arrest, by ensuring continuity of care through improved access to critical health services for individuals as they enter and exit the justice system. An overview of each bill can be found below:
- The Due Process Continuity of Care Act (H.R.3074/S.971) would allow pretrial detainees to receive Medicaid benefits at the option of the state and provide $50 million in planning grant dollars to states and localities for implementing the MIEP repeal, improving the quality of care provided in jails and enhancing the number of available providers to treat this population.
- The Reentry Act (H.R.2400/S.1165) would allow Medicaid payment for medical services furnished to an eligible incarcerated individual during the 30-day period preceding the individual’s release.
Recent federal action has reinforced the importance of continuing care coordination for incarcerated individuals with behavioral health conditions as the Fiscal Year 2023 omnibus appropriations bill included a provision to give states the option to continue Medicaid coverage for juveniles in pre-trial status. Additionally, the U.S. Department of Health and Human Services (HHS), through the Centers for Medicare and Medicaid Services (CMS), recently approved a first-of-its-kind Medicaid section 1115 demonstration amendment in California, which will connect those incarcerated in jails and prisons with community-based Medicaid providers 90 days before their release to ensure continuity of care upon return to the community. Currently, 14 states have pending section 1115 waivers to amend the MIEP for reentry.
NACo strongly endorses both bills as a critical step in addressing our nation’s mental health crisis, through better access to care. On April 26, NACo sent a joint letter with the National Sheriffs’ Association, Major Cities Chiefs Association and Major County Sheriffs of America to Congressional leadership urging Congress to pass both bipartisan bills to greatly improve care coordination in local jails and make it easier for counties to provide effective behavioral health treatment and services necessary for smooth transitions to community care, lower recidivism rates and a reduced risk of overdose post-release. Counties and local law enforcement stand ready to work with Congress to implement these important pieces of legislation.
ADDITIONAL RESOURCES
- MIEP Toolkit
- NACo Commission on Mental Health and Wellbeing
- Mental Health Awareness Month: County Participation Toolkit
- NACo Blog: CMS approves first-ever MIEP waiver for the state of California
Two bipartisan bills have recently been reintroduced in both the U.S. Senate and U.S. House of Representatives to address the Medicaid Inmate Exclusion Policy.2023-05-09Blog2023-05-09
Two bipartisan bills have recently been reintroduced in both the U.S. Senate and U.S. House of Representatives to address the Medicaid Inmate Exclusion Policy (MIEP). In March, the Due Process Continuity of Care Act (H.R.3074/S.971) was introduced by Sens. Bill Cassidy (R-La.), Jeff Merkley (D-Ore.), Thom Tillis (R-N.C.) and Ed Markey (D-Mass.) followed by the introduction in the House earlier this month by Reps. David Trone (D-Md.), Paul Tonko (D-N.Y.), Mike Turner (R-Ohio), John Rutherford (R-Fla.) and 12 other bipartisan lawmakers. The Reentry Act (H.R.2400/S.1165) was also reintroduced this past March by Sens. Tammy Baldwin (D-Wis.), Mike Braun (R-Ind.), Sherrod Brown (D-Ohio) and J.D. Vance (R-Ohio) as well as in the House by Reps. David Trone (D-Md.), Paul D. Tonko (D-N.Y.), Mike Turner (R-Ohio), John Rutherford (R-Fla.) and nine other bipartisan members.
These bills amend the MIEP, a federal statute that revokes access to federal health benefits upon arrest, by ensuring continuity of care through improved access to critical health services for individuals as they enter and exit the justice system. An overview of each bill can be found below:
- The Due Process Continuity of Care Act (H.R.3074/S.971) would allow pretrial detainees to receive Medicaid benefits at the option of the state and provide $50 million in planning grant dollars to states and localities for implementing the MIEP repeal, improving the quality of care provided in jails and enhancing the number of available providers to treat this population.
- The Reentry Act (H.R.2400/S.1165) would allow Medicaid payment for medical services furnished to an eligible incarcerated individual during the 30-day period preceding the individual’s release.
Recent federal action has reinforced the importance of continuing care coordination for incarcerated individuals with behavioral health conditions as the Fiscal Year 2023 omnibus appropriations bill included a provision to give states the option to continue Medicaid coverage for juveniles in pre-trial status. Additionally, the U.S. Department of Health and Human Services (HHS), through the Centers for Medicare and Medicaid Services (CMS), recently approved a first-of-its-kind Medicaid section 1115 demonstration amendment in California, which will connect those incarcerated in jails and prisons with community-based Medicaid providers 90 days before their release to ensure continuity of care upon return to the community. Currently, 14 states have pending section 1115 waivers to amend the MIEP for reentry.
NACo strongly endorses both bills as a critical step in addressing our nation’s mental health crisis, through better access to care. On April 26, NACo sent a joint letter with the National Sheriffs’ Association, Major Cities Chiefs Association and Major County Sheriffs of America to Congressional leadership urging Congress to pass both bipartisan bills to greatly improve care coordination in local jails and make it easier for counties to provide effective behavioral health treatment and services necessary for smooth transitions to community care, lower recidivism rates and a reduced risk of overdose post-release. Counties and local law enforcement stand ready to work with Congress to implement these important pieces of legislation.
ADDITIONAL RESOURCES

About Blaire Bryant (Full Bio)
Legislative Director – Health | Large Urban County Caucus
More from Blaire Bryant
-
Blog
U.S. Surgeon General releases Advisory and National Strategy to Advance Social Connection
On May 2, U.S. Surgeon General Dr. Vivek Murthy released a Surgeon General’s Advisory entitled, “Our Epidemic of Loneliness and Isolation,” highlighting the growing number of individuals in the U.S. -
Press Release
National Association of Counties Releases Data on Mental Health Crisis
Commission on Mental Health and Wellbeing Advocates for Policy Solutions at White House, on Capitol Hill -
Reports & Toolkits
Behavioral Health Conditions Reach Crisis Levels: Counties Urge Stronger Intergovernmental Partnership and Outcomes
Counties are facing an acute escalation of the mental and behavioral health crisis. In a recent NACo survey, 75 percent of counties reported an increase in the incidence of behavioral health conditions over the past year and 89 percent reported an increase compared to five years ago. -
Blog
How counties can extend the reach of drug disposal programs with at-home drug deactivation and disposal
This blog post is sponsored by NACo partner Deterra. Empower Your Community: Enhance Drug Disposal Programs with At-Home Deactivation & Disposal Solutions -
Blog
Counties Address the Social Determinants of Health Through Mobile Health Services
Healthy People 2030 defines the social determinants of health (SDOH) as the conditions in which we are born, live, work and play that both directly and indirectly impact overall health and well-being. -
Webinar
Prepare your employee health plan for the end of the COVID-19 emergency declarations with Buck
May. 3, 2023 , 2:00 pm – 3:00 pmWith the end of the declared public health emergency on May 11, 2023, we’ll discuss the cost and compliance implications for county government health plans. Join us to learn:
-
Webinar
Prenatal-to-Three Peer Learning Network: How the Social Determinants of Health Impact Families and Children
June 13, 2023 , 2:00 pm – 3:00 pmNote: This convening will focus on strategies for rural and smaller suburban counties. To learn more about strategies for urban counties, please join the June 15 session.06132:00 pm<p><strong>Note: This convening will focus on strategies for rural and smaller suburban counties.
-
Webinar
Prenatal-to-Three Peer Learning Network: How the Social Determinants of Health Impact Families and Children
June 15, 2023 , 2:00 pm – 3:00 pmNote: This convening will focus on strategies for urban and larger suburban counties. To learn more about strategies for rural counties, please join the June 13 session.06152:00 pm<p><strong>Note: This convening will focus on strategies for urban and larger suburban counties.
-
Basic page
Mental Health First Aid
Mental Health First Aid, a skills-based training administered by the National Council for Mental Wellbeing, teaches people how to identify, understand and respond to signs and symptoms of mental health and substance use challenges in their peers, friends and colleaguepagepagepage<h3><strong>WHY MENTAL HEALTH FIRST AID?</strong></h3>
-
Basic page
Healthy Counties Initiative
Healthy Counties focuses on enhancing: public-private partnerships in local health delivery, access to, and coordination of, care for vulnerable populations in the community and community public health and behavioral health programs.pagepagepage<h3>Healthy Counties focuses on enhancing:</h3>
-
Basic page
Live Healthy U.S. Counties
The National Association of Counties (NACo) Live Healthy Prescription, Health & Dental Discount Program is a NO-COST program available to all member counties.pagepagepage<h1>With <a id="naco" name="naco">NACo</a>, Saving Feels Better</h1>
-
Reports & Toolkits
Opioid Solutions Center
NACo’s Opioid Solutions Center empowers local leaders to invest resources in effective treatment, recovery, prevention and harm reduction practices that save lives and address the underlying causes of substance use disorder.Reports & Toolkitsdocument10123:30 pmReports & Toolkits<p>NACo's Opioid Solutions Center empowers local leaders to invest resources in effective treatment, recovery, prevention and harm reduction practices that save lives and address the underlying causes of substance use disorder.
Contact
-
Legislative Director – Health | Large Urban County Caucus(202) 942-4246
-
Legislative Assistant(202) 942-4259
-
Government Affairs Intern
Related Posts
-
BlogU.S. Surgeon General releases Advisory and National Strategy to Advance Social ConnectionMay. 23, 2023
-
BlogHow counties can extend the reach of drug disposal programs with at-home drug deactivation and disposalMay. 9, 2023
-
BlogCounties Address the Social Determinants of Health Through Mobile Health ServicesMay. 3, 2023
Related Resources
-
Press ReleaseNational Association of Counties Releases Data on Mental Health CrisisMay. 11, 2023
-
Reports & ToolkitsBehavioral Health Conditions Reach Crisis Levels: Counties Urge Stronger Intergovernmental Partnership and OutcomesMay. 11, 2023
-
Press ReleaseCounties Recognize Mental Health Awareness MonthMay. 1, 2023
Related Events
-
13Jun2023Webinar
Prenatal-to-Three Peer Learning Network: How the Social Determinants of Health Impact Families and Children
Jun. 13, 2023 , 2:00 pm – 3:00 pm -
15Jun2023Webinar
Prenatal-to-Three Peer Learning Network: How the Social Determinants of Health Impact Families and Children
Jun. 15, 2023 , 2:00 pm – 3:00 pm
More From
-
Opioid Solutions Center
NACo’s Opioid Solutions Center empowers local leaders to invest resources in effective treatment, recovery, prevention and harm reduction practices that save lives and address the underlying causes of substance use disorder.
Learn More