H.R. 1510 — Due Process Continuity of Care Act

This section modifies the definition of medical assistance under Medicaid to authorize states, at their option, to provide coverage to individuals while in custody pending disposition of charges, in addition to patients in a medical institution (42 U.S.C. 1396d(a)). It makes conforming amendments to Section 5122 of Division FF of the Consolidated Appropriations Act, 2023 (Public Law 117-328), and applies the changes to items and services furnished on or after the first day of the first calendar quarter beginning 60 days after enactment.

This section directs the Secretary of Health and Human Services to award planning grants to states to support Medicaid coverage for individuals eligible as a result of the amendment made by section 2(a) (i.e., those in custody pending disposition of charges), including preparation of state applications detailing processes, policy reviews, provider recruitment plans, and stakeholder consultations to expand treatment capacity. Grant-funded activities include (1) assessing provider needs and capacity for such individuals, (2) developing infrastructure for provider recruitment, training, technical assistance, and Medicaid-compliant electronic health records and billing in correctional and outpatient settings, and (3) ensuring care quality through reporting and learning collaboratives. The section requires geographic diversity in grant awards and authorizes $50 million for this purpose.