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July 12, 2023

31 State Attorneys General Support and Urge Passage of Trone-led Due Process Continuity of Care Act and Reentry Act


July 12, 2023

Contact: Sasha Galbreath, 

31 State Attorneys General Support and Urge Passage of Trone-led Due Process Continuity of Care Act and Reentry Act

The bills would restore access to Medicaid for all pretrial detainees and incarcerated people 30 days before release

BALTIMORE, MD — Today, 31 state attorneys general, including Maryland Attorney General Anthony G. Brown, sent a letter to Congressional leadership in support of Congressman David Trone’s (D-MD) Due Process Continuity of Care Act and Reentry Act to ensure health care coverage is available for all pretrial detainees and incarcerated people about to be released from prison, respectively. Trone, who co-founded and co-chairs the Second Chance Task Force in the U.S. House of Representatives, commends the attorneys general for their support.

Both bills aim to amend the Medicaid Inmate Exclusion Policy (MIEP), which denies Medicaid coverage to incarcerated individuals. The Due Process Continuity of Care Act focuses on allowing all pretrial detainees to access Medicaid coverage, as the current exclusion policy conflicts with these individuals’ constitutional right to due process by stripping their coverage before they’ve been convicted of a crime. The Reentry Act empowers states to restore Medicaid up to 30 days before those incarcerated are released from prison, ensuring these folks can maintain mental health and substance use disorder treatment as they prepare to return home.

Studies have shown that roughly 70 percent of incarcerated individuals at local detention centers in Maryland are diagnosed with a substance use disorder, and individuals released from incarceration are 129 times more likely to die of a drug overdose during the first two weeks after release. In response to this tragic pattern, some states have already established pre-release Medicaid programs that have shown promise in increasing outpatient visits, saving local and state governments’ money from uninsured health care costs, and driving down recidivism.

“We know that folks in prison are some of the most vulnerable to mental health and substance use disorders, and it’s about time we made it easier for them to access treatment. The support of 31 state attorneys general only underscores the need for this legislation to be passed into law and put into practice across the United States,” said Congressman David Trone. “Health care is a right – plain and simple – and I’d like to thank Maryland Attorney General Anthony Brown for supporting these policies and working with me in Congress to give more Marylanders a fighting chance to succeed.” 

“These pieces of legislation offer a lifeline of hope for those battling mental health challenges and substance use disorders and gets to the root causes of too many people being locked up behind bars,” said Attorney General Anthony Brown. “I commend Congressman David Trone for his leadership in offering a real chance at a fresh start to those caught in the relentless cycle of hopelessness, hospitalizations, and incarceration. Everyone deserves an opportunity for healing and a brighter future. Addressing this contributor to crime could significantly reduce recidivism rates and improve public safety across our communities.”

The full letter is available here.

Congressman David Trone was elected to the House of Representatives in November 2018 to serve the 6th District of Maryland, which includes all or part of Montgomery, Frederick, Washington, Allegany, and Garrett Counties. Trone serves on the Appropriations, Budget, and Joint Economic Committees in the 118th Congress. In Congress, Trone is fighting to make progress on issues that matter to Marylanders.

Follow Congressman Trone at @RepDavidTrone for updates on Twitter, Facebook, and Instagram.