Due Process Continuity of Care Act

The Due Process Continuity of Care Act would permit states to extend Medicaid health insurance benefits to individuals who are detained before trial while awaiting the resolution of criminal charges. Currently, federal law generally prohibits Medicaid coverage for people in custody, which can leave pretrial detainees without access to health care services during a critical period. This bill would give states the option to cover these individuals if they would otherwise qualify for Medicaid based on income and other eligibility criteria.

The bill would also provide federal planning grants to help states develop and implement programs to offer Medicaid to pretrial detainees. These grants would support states in understanding the costs, logistics, and administrative requirements of extending coverage to this population. By offering financial assistance for planning, the legislation aims to make it feasible for states to adopt these programs.

The practical impact would be that pretrial detainees in participating states could access necessary medical care, medications, mental health services, and other health benefits while awaiting trial. This could improve health outcomes for a vulnerable population and potentially reduce the burden on local jails and detention facilities that currently provide emergency care. However, the bill leaves the decision to states, so coverage would only be available in states that choose to participate.