Medicaid now covers pre-trial detainees—if states choose to participate
S. 1720 — Due Process Continuity of Care Act · Filed by Bill Cassidy (R-LA) · 5 cosponsors · Introduced May 12, 2025 · Referred to committee
Your members of Congress
Enter a ZIP to see where your representative and both senators stood on this bill.
Looked up on this device — your ZIP is never stored on our servers.
What it does
This bill removes a federal prohibition that bars states from using Medicaid to pay for medical care for people held in local jails awaiting trial. Currently, Medicaid cannot cover inmates in public institutions; this bill carves out an exception for people in custody pending disposition of charges (pre-trial detainees). It also authorizes $50 million in planning grants to help states build the infrastructure—recruiting providers, training staff, setting up billing systems—needed to deliver Medicaid-covered care to this population.
Why we flagged it
The bill's core mechanism is a narrow carve-out to federal Medicaid rules, allowing states to cover a specific population (people in custody pending trial disposition) previously excluded. It is a coverage expansion, not a restriction or deregulation.
What the text implies
- States must build new provider networks and billing infrastructure; implementation burden and cost-sharing arrangements between federal and state budgets are not fully specified, creating potential fiscal cliff if federal grants prove insufficient.
- Jails and correctional facilities will need to integrate with Medicaid billing and electronic health record systems, requiring operational changes and potential conflicts with existing jail health protocols.
The full analysis lists 4 implications of this text.
Who stands to gain
Medicaid managed care organizations; Telehealth service providers; Healthcare providers in correctional settings