Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Human Services Committee

HJM 4000

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Requests that the United States Congress pass the Restoring Partnership for County Health Care Costs Act of 2008.

Background:

Under federal law, a person who is in a public institution involuntarily is considered to be an "inmate" of a public institution. As a result, persons who are unable to make bail and are incarcerated pending trial are not eligible for federal benefits such as Medicaid, Medicare, Supplementary Security Income, or State Children's Health Insurance Program benefits, even though no finding of guilt has been made. In April 2008 House Resolution 5698 (HR 5698), the Restoring Partnership for County Health Care Costs Act of 2008, was introduced to the 110th United States Congress. It was subsequently referred to the Subcommittee on Income Security and Family Support, where it remained in committee. If HR 5698 were passed by Congress, the definition of "inmate of a public institution" would be amended to exclude individuals who are in custody pending the disposition of charges. Under the amended definition, a person in custody, but not adjudicated guilty, may continue to receive or apply for federal benefits.

Summary of Bill:

The Joint Memorial requests the President-Elect, the President of the United States Senate, the Speaker of the United States House of Representatives, and the United States Congress to pass HR 5698, the Restoring Partnership for County Health Care Costs Act of 2008.