August 4, 2026
Mr. Markey (for himself, Mr. Merkley, Ms. Klobuchar, Ms. Baldwin, Mr. Booker, Ms. Warren, and Mr. Padilla) introduced the following bill; which was read twice and referred to the Committee on Finance
To remove limitations under Medicaid, Medicare, CHIP, and the Department of Veterans Affairs on benefits for persons in custody pending disposition of charges.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Equity in Pretrial Health Coverage Act
.
Sec. 2. Removal of inmate limitation on benefits under Medicaid, Medicare, CHIP, and the Department of Veterans Affairs
(a) Medicaid
(1) In general
Section 1902(a)(84)(A) of the Social Security Act (42 U.S.C. 1396a(a)(84)(A)) is amended by striking (or in the case of such an individual who is an eligible juvenile (as defined in subsection (nn)(2)) and a State electing the option described in the subdivision (A) following the last numbered paragraph of section 1905(a), during such period beginning after the disposition of charges with respect to such individual)
and inserting (except for any portion of such period during which the individual is in custody pending disposition of charges)
.
(2) Medical assistance
Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended in the subdivision (A) that follows the last numbered paragraph of such section by striking , or, at the option of the State, for an individual who is an eligible juvenile (as defined in section 1902(nn)(2)), while such individual is an inmate of a public institution (as defined in section 1902(nn)(3)) pending disposition of charges
and inserting , or in the case of care or services furnished to an individual who is in custody pending disposition of charges
.
(b) Medicare
Section 1862(a)(3) of the Social Security Act (42 U.S.C. 1395y(a)(3)) is amended by inserting in the case of items or services furnished to individuals who are in custody pending disposition of charges,
after 1880(e),
.
(c) CHIP
(1) Exceptions to exclusion of children who are inmates of a public institution
Section 2110(b)(7) of the Social Security Act (42 U.S.C. 1397jj(b)(7)) is amended to read as follows:
(7) Exceptions to exclusion of children who are inmates of a public institution
In the case of a child who is an inmate of a public institution, the child shall not be considered to be described in paragraph (2)(A)—
(A)
during the period that the child is an inmate of such institution pending disposition of charges; and
(B)
during the 30 days prior to the release of the child from such institution with respect to the screenings, diagnostic services, referrals, and case management services otherwise covered under the State child health plan (or waiver of such plan) that the State is required to provide under section 2102(d)(2).
(2) Conforming amendments
Section 2102(d)(1) of such Act (42 U.S.C. 1397bb(d)(1)) is amended—
(A)
in subparagraph (A), by inserting (except for any portion of such period during which the child or pregnant woman is in custody pending disposition of charges)
after is such an inmate
; and
(B)
in subparagraph (C), by striking exception
and inserting exceptions
.
(d) Modification of inmate limitation on health care benefits from Department of Veterans Affairs
The Secretary of Veterans Affairs shall modify section 17.38(c)(5) of title 38, Code of Federal Regulations, or successor regulations, to ensure that the exclusion of veterans who are inmates from eligibility for health care from the Department of Veterans Affairs under such section does not apply to veterans who are in custody pending disposition of charges.
(e) Effective dates
(1) In general
Except as provided in paragraph (2), the amendments made in this Act shall take effect on the first day of the first calendar quarter that begins more than 60 days after the date of enactment of this Act and shall apply to items and services furnished for periods beginning on or after such date.
(2) Department of Veterans Affairs
Subsection (d) shall take effect on the date of enactment of this Act.