Due Process Continuity of Care Act

The Due Process Continuity of Care Act proposes a change to federal law that would allow individuals held in custody pending the disposition of their charges to remain eligible for Medicaid. Currently, the Medicaid inmate exclusion policy generally prohibits federal funds from being used for the healthcare of incarcerated individuals, even if they have not been convicted of a crime. This bill would give states the option to continue providing medical assistance to these pretrial detainees, ensuring they do not lose access to healthcare services while awaiting their day in court.

In addition to changing eligibility rules, the bill aims to provide planning grants to states. These grants would help state governments develop the necessary infrastructure and administrative processes to support the delivery of healthcare benefits to this population. If enacted, the bill could help prevent interruptions in treatment for mental health, substance use disorders, and chronic conditions for individuals entering the local jail system, potentially reducing the burden on local taxpayers who currently fund the majority of healthcare costs for detainees.