Congress: People Awaiting Trial Should Not Be Denied Healthcare

Did you know that if you are ever accused of a crime, you could not simply be held in jail before trial, but also lose access to life-sustaining healthcare? That’s because the Medicaid Inmate Exclusion Policy (MIEP) dictates that once an individual is incarcerated (whether convicted or not), their Medicaid coverage must be suspended or terminated. MIEP was originally passed to ensure that state & local governments weren’t shifting incarcerated individuals' medical bills onto the federal government, but the results have been disastrous, especially considering that approximately 69% of individuals in city and county jails across the United States (around 450,000 people) are held in pretrial detention. These are individuals who have not been convicted of a crime, yet remain incarcerated primarily because they cannot afford bail. Yet because they are behind bars, federal law says they are no longer deserving of the healthcare they enjoyed before pretrial incarceration.

MIEP is causing real damage to the health and safety of our fellow folk locked away awaiting trial:

It disrupts their healthcare.
It increases their risk of overdose after release.
It increases their chances of returning to prison as individuals are more likely to end up back in the criminal justice system without their needed treatments.

The Due Process Continuity of Care Act hopes to close this glaring loophole; it would amend MIEP to ensure that legally innocent individuals maintain access to Medicaid — guaranteeing they get their healthcare needs addressed even while awaiting trial.

MIEP is not just causing an undue burden on the coffers of state and local governments but on the health of people who should rightfully be considered innocent. It’s time to put an end to MIEP which is cruel and denies due process. Sign the petition and tell your legislators you want them to pass the Due Process Continuity of Care Act today.

Tell your congressperson to vote YES to protect Medicaid for the innocent

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Dear Legislator,

I am writing to urge you to support and advocate for the passage of the Due Process Continuity of Care Act, which would amend the Medicaid Inmate Exclusion Policy (MIEP) to ensure that individuals held in pretrial detention—who have not been convicted of any crime—retain access to their Medicaid healthcare coverage.

As you may know, under current federal law, once a person is incarcerated, their Medicaid coverage is either suspended or terminated. This applies even to individuals in pretrial detention, meaning those who are legally innocent but remain behind bars simply because they cannot afford bail. Approximately 69% of people in U.S. city and county jails—around 450,000 individuals—are held pretrial, many from low-income backgrounds who rely on Medicaid for healthcare. Denying them access to essential medical services while they await trial is not only unjust but also dangerous.

The consequences of this policy are devastating:

Healthcare Disruptions: Many individuals in pretrial detention suffer from chronic illnesses, mental health conditions, and substance use disorders. Cutting off their access to healthcare leads to worsening conditions and unnecessary suffering.
High Overdose Risk Post-Release: Studies show that individuals leaving incarceration are 129 times more likely to die from a drug overdose within the first two weeks of release due to lack of continuity in care. This policy fuels the overdose crisis rather than addressing it.
Increased Recidivism: Without access to necessary medical care, including mental health and addiction treatment, people are more likely to re-offend and end up back in the system—perpetuating cycles of incarceration and destabilizing communities.

The Medicaid Inmate Exclusion Policy was originally designed to prevent federal cost-shifting, but it has resulted in severe, unintended consequences—placing the financial burden on state and local governments while endangering public health and safety. The Due Process Continuity of Care Act is a common-sense solution that will prevent unnecessary suffering, reduce healthcare costs, and improve public safety by ensuring that pretrial detainees maintain access to Medicaid.

As your constituent, I strongly urge you to support this legislation and ensure that those who have not been convicted of a crime are not denied their right to healthcare. Ending MIEP for pretrial detainees is not just a matter of fairness—it is a matter of public health and justice.

Thank you for your time and consideration. I look forward to your support on this critical issue.