Bipartisan Problem Solvers Caucus Endorses Due Process Continuity of Care Act

WASHINGTON, D.C. – Today, the bipartisan Problem Solvers Caucus announced its endorsement of H.R.3074, the Due Process Continuity of Care Act.  

The bipartisan legislation was introduced by Congressman David Trone (MD-06) and has more than 65 cosponsors, including 24 Members of the Problem Solvers Caucus.

The Due Process Continuity of Care Act aims to amend the Medicaid Inmate Exclusion Policy to allow access to Medicaid coverage for pretrial detainees. Currently, the policy denies Medicaid access to both convicted criminals and detained individuals who are awaiting trial. The legislation would eliminate individuals awaiting trial from this policy, allowing those who have not been convicted of a crime to retain their rights and maintain to access critical coverage for substance abuse and mental health treatment.

“Our criminal justice system guarantees folks that they are presumed innocent until proven guilty, but preventing pretrial detainees from accessing Medicaid violates that right,” said Congressman David Trone (MD-06), co-chair of the Bipartisan Second Chance Task Force. “We know that a high percentage of incarcerated individuals suffer from mental health conditions and substance use disorders – this policy is only making matters worse. The Due Process Continuity of Care Act will change this policy and restore detainees’ constitutionally protected rights and ensure access to much-needed healthcare. Now, with bipartisan support, it’s time to get this legislation over the finish line.”

“The Due Process Continuity of Care Act saves taxpayer dollars and upholds the principle of ‘innocent until proven guilty,” said Congressman Don Bacon (NE-02). “When inmates are denied Medicaid services, it shifts the burden to local prisons with limited resources, and pre-trial detainees are denied care even without a conviction. H.R. 3074 corrects these issues to ensure our justice system is fair and effective.”

“This bipartisan legislation takes key steps to simultaneously ease financial burdens on local law enforcement while supporting those struggling with substance abuse issues. It’s a commonsense, win-win for everyone,” said Congressman Josh Gottheimer (NJ-05). “I’m proud that the members of the Problem Solvers Caucus have endorsed the bipartisan, bicameral Due Process Continuity of Care Act.”

“The opioid epidemic has impacted millions of Americans in communities nationwide, and it is crucial that treatment not be interrupted for those needing ongoing care,” said Congressman Brian Fitzpatrick (PA-01). “Our bipartisan bill will fix a flawed statute that prevents pretrial inmates from receiving substance use disorder treatment to ensure fairness and save lives.”

“A comprehensive, evidence-based approach to substance use disorder is critical to our public health and safety. I’m proud to support the Due Process Continuity of Care Act because it gives us new tools we can use to fight addiction and get mental health resources to the Americans who need them,” said Congresswoman Angie Craig (MN-02).

“Substance abuse has created a public health crisis that continues to impact the lives of residents in the San Joaquin Valley. I’m proud to support this legislation to expand access to addiction treatment and eliminate barriers to retaining life-saving health coverage,” said Congressman Jim Costa (CA-21). 

“Prohibiting Americans who are detained pre-trial from using vital Medicaid benefits deprives seniors of care they have earned and shifts the burden of the cost of care on local jails,” said Congresswoman Young Kim (CA-40). “The Due Process Continuity of Care Act ensures that seniors awaiting their trial receive their due process and the benefits they have rightfully earned, including access to mental health and substance use disorder treatment. I am proud to cosponsor this bill and appreciate its bipartisan endorsement by my Problem Solvers Caucus colleagues.”

“As a former parole officer in the Department of Corrections in Guam, I’ve seen first hand the physical and mental health needs of those detained. Current Medicaid policies strip away pretrial detainees of their healthcare benefits, leaving local jails and taxpayers to bear the cost. Every individual has the right to due process. Depriving those individuals of their healthcare benefits completely violates their constitutional rights while destabilizing their mental and physical health. I want to thank my colleague, Rep. Trone for his work on the Due Process Continuity of Care Act,” said Congressman Jim Moylan (GU-AL).

“I’m proud to co-sponsor this bipartisan bill, which upholds a core tenet of the American judicial system: innocent until proven guilty,” said Congressman Wiley Nickel (NC-13). “It’s fundamentally wrong to strip away life-saving Medicaid coverage from individuals in the pre-trial phase. No American should have to risk their health while awaiting their day in court.”

The Due Process Continuity of Care Act is endorsed by the American Parole & Probation Association, American Psychological Association, Anti-Recidivism Coalition, Black and Jewish Unity Coalition, CorJus, Dream.Org, International Community Corrections Association, Major County Chiefs Association, Major County Sheriffs, National Alliance on Mental Illness, National Criminal Justice Association, National Association of Counties, National Sheriffs Association, R St Institute, and Successful Reentry.

The full text of the bill can be found here.

The Problem Solvers Caucus, which is Co-Chaired by Congressmen Brian Fitzpatrick (PA-01) and Josh Gottheimer (NJ-05), has sixty-four Members evenly split between Republicans and Democrats.

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