Equity in Pretrial Health Coverage Act
Sponsored By: Senator Markey, Edward J. [D-MA]
Introduced
Summary
Restore health coverage during pretrial custody. This bill would remove inmate-related eligibility limits that blocked Medicaid, Medicare, CHIP, and Department of Veterans Affairs benefits for people in custody awaiting disposition of charges and would redefine coverage during pretrial detention across programs while preserving some short timing carve-outs and effective dates.
Show full summary
- People in pretrial custody: Would be eligible for Medicaid, Medicare, and CHIP while detained, restoring access to health care during the pretrial period.
- Veterans in custody: Aligns Department of Veterans Affairs regulations so VA health benefits can apply during custody pending disposition as specified by the bill.
- Program and state administrators: Amends federal statutes and VA rules and sets program-specific effective dates and limited carve-outs, requiring agencies to update eligibility and enrollment processes.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
CHIP coverage for detained children
If enacted, this bill would let children who are inmates in a public institution and are held pending disposition of charges keep or get CHIP coverage. It would also let States cover required screenings, diagnostic services, referrals, and case management for up to 30 days before release. These changes would apply to items and services furnished on or after the first day of the first calendar quarter that begins more than 60 days after enactment.
Medicaid coverage during pretrial custody
If enacted, this bill would change Medicaid rules so the inmate exclusion does not bar coverage while a person is in custody pending disposition of charges. Medicaid could pay for items and services furnished to an individual during that pretrial custody. These changes would apply to items and services furnished on or after the first day of the first calendar quarter that begins more than 60 days after enactment.
Medicare coverage for detained beneficiaries
If enacted, this bill would amend Medicare rules so the inmate exclusion does not block Medicare-covered items or services furnished while a person is in custody pending disposition of charges. Medicare could cover care provided during that pretrial detention. These changes would apply to items and services furnished on or after the first day of the first calendar quarter that begins more than 60 days after enactment.
VA health eligibility for detained veterans
If enacted, this bill would direct the Secretary of Veterans Affairs to change VA regulations so veterans in custody pending disposition of charges are not excluded from VA health care. The directive would take effect on the date of enactment, allowing eligible veterans in pretrial custody to remain eligible for VA care under the rules the Secretary implements.
Sponsors & CoSponsors
Sponsor
Markey, Edward J. [D-MA]
MA • D
Cosponsors
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 8/4/2026
Sen. Klobuchar, Amy [D-MN]
MN • D
Sponsored 8/4/2026
Sen. Baldwin, Tammy [D-WI]
WI • D
Sponsored 8/4/2026
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 8/4/2026
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 8/4/2026
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 8/4/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov