IN THE SENATE OF THE UNITED STATES
July 24, 2019
Mr. Markey (for himself and Mr. Brown) introduced the following bill; which was read twice and referred to the Committee on Finance
To amend title XIX of the Social Security Act to expand the requirement for States to suspend, rather than terminate, an individual's eligibility for medical assistance under the State Medicaid plan while the individual is an inmate of a public institution, to apply to inmates of any age.
This Act may be cited as the
Supporting Positive Outcomes After Release Act.
Suspension of Medicaid benefits for inmates of public institutions
Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended—
in subsection (a)(84)—
in subparagraph (A), by striking
individual who is an eligible juvenile and all that follows through
inmate; and inserting
eligible individual (as defined in subsection (nn)(1)) because the individual is an inmate of a public institution (as defined in subsection (nn)(2)), but may suspend coverage during the period the individual is such an inmate;;
in subparagraph (B), by striking
individual who is an eligible juvenile described in paragraph (2)(A) and inserting
eligible individual who is described in paragraph (1)(A); and
in subparagraph (C), by striking
individual who is an eligible juvenile described in paragraph (2)(B) and inserting
eligible individual who is described in paragraph (1)(B); and
by amending subsection (nn) to read as follows:
Eligible individual; public institution
For purposes of subsection (a)(84) and this subsection:
The term eligible individual means an individual who is an inmate of a public institution and who—
was determined eligible for medical assistance under the State plan immediately before becoming an inmate of such a public institution; or
is determined eligible for such medical assistance while an inmate of a public institution.
Inmate of a public institution
The term inmate of a public institution has the meaning given such term for purposes of applying the subdivision (A) following paragraph (30) of section 1905(a), taking into account the exception in such subdivision for a patient of a medical institution.
Retroactive effective date
The amendments made by subsection (a) shall take effect as if included in the enactment of section 1001 of the SUPPORT for Patients and Communities Act (Public Law 115–271).