S2194-118

What This Bill Does

The Equity in Pretrial Health Coverage Act removes restrictions that currently deny healthcare benefits to people who are in custody awaiting trial but have not been convicted of any crime. Under current law, individuals detained while awaiting disposition of charges are ineligible for Medicaid, Medicare, CHIP, and VA healthcare -- this bill eliminates those exclusions.

Who Benefits and How

Pretrial detainees benefit directly by gaining access to healthcare coverage they are currently denied, despite not having been convicted of any crime. This includes access to medications, mental health services, and medical treatment while awaiting trial. Veterans in pretrial custody specifically benefit from restored eligibility for VA healthcare services. Family members of detainees benefit indirectly as their loved ones can receive necessary medical care.

Who Bears the Burden and How

Federal and state Medicaid programs will bear increased costs from covering individuals in pretrial detention. Medicare, CHIP, and the VA healthcare system will similarly face expanded obligations and costs from the newly eligible population. Taxpayers ultimately bear the cost of this expanded coverage, though proponents argue this is offset by reduced costs from untreated conditions and emergency care.

Key Provisions

• Amends Medicaid (Section 1905(a) of the Social Security Act) to allow coverage for individuals in custody pending disposition of charges
• Amends Medicare (Section 1862(a)(3)) to permit items and services for people awaiting trial
• Amends CHIP (Section 2110(b)(2)(A)) to exclude pretrial detainees from the "inmate of a public institution" restriction
• Directs the VA Secretary to modify regulations ensuring veterans in pretrial custody remain eligible for VA healthcare
• Takes effect 60 days after enactment for most provisions